Whether it violates Article II of the Constitution, as well as the First and Fourteenth Amendments, for state courts to invoke the non-statutory, judge-made doctrine of laches to require the counting of ballots that the Legislature has expressly directed 'may not be counted'

QUESTIONS PRESENTED Article II of the Constitution provides that “[e]ach State shall appoint” electors for President and Vice President “in such Manner as the Legislature thereof may direct.” U.S. Const. art. II, § 1, cl. 2 (emphasis added). That power is “plenary,” and the statutory provisions enacted by the Legislature of a State, in the furtherance of that constitutionally delegated duty, may not be ignored by state election officials or changed by state courts. Bush v. Gore, 531 U.S. 98, 104-05 (2000). Yet during the 2020 presidential election, officials in Wisconsin, wrongly backed by four of the seven Justices of the Wisconsin Supreme Court, ignored statutory provisions which tightly regulate absentee balloting — identified by the Legislature as “mandatory,” such that ballots in violation of them “may not be counted.” They require that absentee ballots be delivered only by mail or by hand delivery to the clerk, photo i.d. must be supplied to obtain ballots (with limited, inapplicable exceptions), and absentee ballots missing the required witness address may be “cured” only by the voter, and not by the clerk. Collectively, this resulted in the counting of at least 50,125 absentee ballots in heavily Democrat areas, in violation of the directives of the Wisconsin Legislature — more than enough to have affected the outcome of the presidential election in Wisconsin, in which the vote margin stands at 20,682. The questions presented are therefore: 1. Whether it violates Article II of the Constitution, as well as the First and Fourteenth Amendments, for state courts, on review of a post-election challenge to the specific ballots cast in a presidential election, to invoke the non-statutory, judge-made doctrine of laches to require the counting of ballots that the Legislature has expressly directed “may not be counted.” 2. Whether the Wisconsin Supreme Court violated Article II by upholding the counting of 50,125 absentee ballots cast in two counties pursuant to the decisions of election officials to ignore or circumvent state statutes requiring that absentee ballots be delivered only by mail or by hand delivery to the clerk; that photo i.d. be supplied to obtain an absentee ballot (with limited, inapplicable exceptions); and that absentee-ballot envelopes must contain all statutorily required information and may not be altered once delivered. 3. Whether this Court should set aside the election result in Wisconsin, as not produced in the “Manner” directed by the Legislature, and hence as “failed” within the meaning of 3 U.S.C. § 2, thus affording the Wisconsin Legislature explicit statutory authority to appoint presidential electors to represent Wisconsin. ii