A Wisconsin judge recently issued a court order compelling the state elections commission to release all relevant records regarding one of its Republican members and his involvement as a fake elector for former President Donald Trump in the 2020 election. The lawsuit, filed by a union leader represented by the liberal firm Law Forward, specifically requested commission records related to Robert Spindell and his public comments about his role as a fake elector.
Spindell, one of three Republican state elections commission members, participated in a group of fake electors who gathered in Wisconsin and other battleground states where Trump was defeated. Their intention was to cast ballots for Trump, despite his loss, in an effort to safeguard his legal position in case the courts overturned the election results. The role of these fake electors, particularly in Wisconsin, has become central to the federal indictment against Trump, who pleaded not guilty to charges of attempting to overturn his electoral defeat.
Law Forward initially filed a complaint with the Wisconsin Elections Commission in 2021, accusing the fake electors of breaking the law. However, the commission unanimously rejected the complaint in a closed meeting, asserting that the fake electors had not violated any election laws. Notably, Spindell did not recuse himself from the discussion and vote, even though he was one of the fake GOP electors.
Trump allies and the fake electors were supported by the Wisconsin Department of Justice, which concluded that the Republicans were acting within their rights to preserve Trump’s legal standing while the courts determined the true winner of the election. However, in May, another state judge ruled that the elections commission should reconsider its vote on the complaint. The judge determined that Spindell should have abstained from the discussion and vote because he was directly implicated in the complaint. As of now, the commission has yet to issue a new decision.
In its lawsuit, Law Forward accused the commission of repeatedly failing to provide requested records under Wisconsin’s open records law. The firm specifically sought communications related to a November 2021 commission meeting where Spindell openly discussed his decision not to recuse himself. These discussions had taken place in closed session, making Spindell’s public comments unusual. The elections commission only provided a single document, similar to what Spindell had read from, and claimed that no other relevant records existed.
The commission argued that the records were in Spindell’s possession, rather than the commission’s. However, the presiding Dane County Circuit Judge Jacob Frost dismissed this argument as nonsensical, stating that records held by commission members are considered in the custody of the commission and must be provided in response to a records request. Judge Frost ordered the commission to complete a thorough review and produce all non-exempt records in its possession by September 8.
Commission spokesperson Riley Vetterkind declined to comment on the ruling, while Law Forward attorney Scott Thompson praised it for promoting open and transparent government. The Lawsuit was brought by the executive director of the Service Employees International Union’s Wisconsin State Council, Paul Sickel. Additionally, Law Forward has filed another lawsuit seeking $2.4 million in damages against the 10 fake electors and Trump attorneys Kenneth Chesebro and Jim Troupis, alleging a conspiracy to overturn Trump’s loss in Wisconsin.
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