Wisconsin courts to consider Trump's election lawsuits

MILWAUKEE (CBS 58) -- A federal judge will decide whether Wisconsin's presidential election was tainted and should be turned over to state lawmakers. President Donald Trump's attorneys argued that's the only way forward.

The president's argument is a very simple one with very big consequences. His lawyers argued the Wisconsin Elections Commission and elections clerks did not follow state election law.

They said ballot drop boxes are not allowed, clerks cannot fix addresses on absentee ballot envelopes, and voters who claim indefinitely confined status should be questioned.

They said the Wisconsin Elections Commission and clerks took the law into their own hands and did not follow the will of Wisconsin lawmakers.

President Trump wants the judge to declare the election a failure and send it to the Wisconsin legislature to choose a winner.

Attorneys representing Governor Tony Evers and the Wisconsin Elections Commission said almost the exact opposite. They said the legislature makes clear Wisconsin law is about voters.

They argued what President Trump wants is undemocratic and unconstitutional.

The lawyers pointed out drop boxes have been used in the April and August elections, and they said legal guidance could and should have been challenged before November, not after the election.

The judge asked several questions and said he is struggling with a key detail, whether a federal court has the ability to rule on any of these issues.

The judge is a Trump appointee and said he understands the weight of any potential ruling. He hoped to issue a decision in the next day or two.

Meanwhile the Trump campaign is in state court Friday, Dec. 11, challenging the recount.

A third Trump related lawsuit lost in Wisconsin Wednesday night in front of a different federal judge. She said federal judges don't appoint presidents.