Trump v. Biden, No. 2020AP2038 (Wis. S. Ct.) – 4-3 Decision Dismissing Three of Four Claims on Laches; Drop Boxes Subsequently Ruled Illegal (WI)

The Wisconsin Supreme Court, in a 4-3 decision, dismissed three of four claims in the Trump post-recount challenge under the doctrine of laches, ruling the campaign’s delay in bringing the challenges was “unreasonable in the extreme.” The challenged conduct included the WEC’s drop-box authorization, altered certification envelopes, and “Democracy in the Park” pre-canvassing ballot collection events. Waukesha County Circuit Court, in Teigen v. WEC (2022), subsequently ruled that absentee ballot drop boxes were illegal under Wisconsin law – confirming that the underlying legal claims in Trump v. Biden had merit. The laches dismissal therefore prevented adjudication of claims that were later substantiated.