Feehan v. Wisconsin Elections Commission

No. 2:20-cv-1771 (E.D. Wis.) | Closed

On December 1, Sidney Powell filed her third suit alleging widespread election fraud on behalf of Plaintiff William Feehan, a Republican nominee to be a Presidential Elector for Wisconsin.  The complaint alleged fraud, statutory violations, and other misconduct as described in the attached affidavits and sought to enjoin certification of the election pending a full investigation and audit of the election.

Relying on expert reports (“Dr. Briggs Report” and “Braynard Survey”), the complaint alleged that about 15,000 mail-in ballots were lost and 18,000 were recorded for voters who never requested mail-in ballots. These statistics, further supported by fact witness statements on Dominion Voting Systems (“Dominion”), are indicative of fraud.   One affiant, whose name was redacted and has degrees in Math and Statistics, analyzed data in over 100 counties and observed that Joe Biden overperformed in counties using Dominion machines.  As to Wisconsin, this would translate to over 180,000 votes being impacted by “an outside agent” in favor of Joe Biden.  The sum of reports cited in this complaint identified over 300,000 illegal votes cast for Joe Biden.

An affidavit by Russel Ramsland examined the “statistically impossible” Biden spike on November 4 when Joe Biden, then trailing President Trump, suddenly received over 143,000 votes in a five-minute interval causing Trump to fall behind by 1%.  Ramsland also flagged the historically unprecedented turnout levels of over 90% in 59 counties and 200% in two counties.

The complaint also discussed administrative and judicial decisions regarding Dominion’s security flaws.  These include a court order allowing Dominion to obscure its vote-counting source code, a District Judge finding that the Dominion ballots could not be audited in a “software independent way”, an FBI/CISA report on vulnerability to foreign interference and hacking, and so on.  Many of these Dominion fraud allegations were included in other lawsuits.

The remedy sought is an order to de-certify the results of the General Election or an order that Defendants certify the election for Donald Trump.  Alternatively, they sought to exclude from certification any ballots that did not comply with Wisconsin Election Code.  Finally, they asked for the production of all registration data, ballot applications, ballots, envelopes that are required to be maintained by law. 

After a series of amended complaints and motions to intervene, the defendant Wisconsin Election Commission (WEC), joined by other intervenors such as the DNC, moved to dismiss the case, arguing that there were jurisdictional and procedural defects including a lack of standing (by Plaintiff Feehan, a registered voter who did in fact vote) to bring the case, the doctrine of laches time-barring the case, and failure to meet evidentiary standards, among other purported deficits.

Ultimately, District Court Chief Judge Pamela Pepper claimed the court’s authority to grant relief was “confined by the limits of the Constitution” and proceeded to grant Defendants’ motion to dismiss.  Although Plaintiff Feehan appealed the dismissal to the 7th Circuit Court of Appeals on December 9, the appeal was voluntarily dismissed by Feehan on December 21.  No reason was provided in the court filings.


[For more detailed exhibits and affidavits, see https://www.courtlistener.com/docket/18702085/feehan-v-wisconsin-elections-commission/]