Wisconsin Supreme Court candidate Brad Schimel addresses canvassers at an early March event. (Screenshot)

Wisconsin Supreme Court candidate Brad Schimel told a group of canvassers in Waukesha County last weekend that he needs to be elected to provide a “support network” for President Donald Trump and shared  complaints about the 2020 election that have been frequently espoused by election deniers. 

In a video of the remarks, Schimel is speaking to a group of canvassers associated with Turning Point USA — a right-wing political group that has become increasingly active in Wisconsin’s Republican party. 

On the campaign trail, Schimel, a Waukesha County judge and former Republican state attorney general, has repeatedly said he is running for the Supreme Court to bring impartiality back to the body. He’s claimed that since the Court’s liberals gained a majority after the 2023 election, it has been legislating from the bench on behalf of the Democratic party. 

But in more private events and to more conservative audiences, he’s often spoken more openly about his conservative politics. 

At the Turning Point event, he said that prior to the 2024 presidential election, the country “had walked up to edge of the abyss and we could hear the wind howling,” but that the Republican party and its supporters helped the country take “a couple steps back” by electing Donald Trump. 

Democrats and their “media allies” still have “bulldozers waiting to push into all that,” he said, by bringing lawsuits to stop Trump’s efforts to dismantle federal agencies without the approval of Congress, end birthright citizenship and fire thousands of federal workers. 

“Donald Trump doesn’t do this by himself, there has to be a support network around it,” Schimel said. “They filed over 70 lawsuits against him since he took the oath of office barely a month ago, over 70 lawsuits to try to stop almost every single thing he’s doing because they don’t want him to get a win. They’re so desperate for him to not get a win that they won’t let America have a win. That’s what they’re doing. The only way we’re going to stop that is if the courts stop it. That’s the only place to stop this lawfare.” 

When Schimel was the state attorney general, he lobbied the Republican-controlled Legislature to create the position of solicitor general under the state Department of Justice to help him file lawsuits against Democratic policies enacted by then-President Barack Obama. Republicans cut the position after Democrat Josh Kaul defeated Schimel in the 2018 election. 

During his time in office Schimel joined a lawsuit with the state of Texas to have the Affordable Care Act declared unconstitutional. After the suit was successful in a Texas court, he said, “I’m glad he did this before I left office, because I got one more win before moving on.” 

Kaul withdrew the state from the lawsuit after taking office in 2019, and the the U.S. Supreme Court rejected the suit by a 7-2 vote. 

But, in his Turning Point remarks, Schimel accused his opponent, Dane County Judge Susan Crawford, of participating in the kind of “lawfare” that is being used against Trump now. 

“My opponent is an expert on lawfare,” he said, citing her work as a lawyer against the state’s voter ID law and support from liberal billionaire donors. 

Crawford campaign spokesperson Derrick Honeyman said that Schimel’s comments show he’ll be a “rubber stamp” for the Republican party. 

“Brad Schimel’s latest remarks are no surprise, especially coming from someone who’s been caught on his knees begging for money and is bought and paid for by Elon Musk,” Honeyman said. “Schimel is not running to be a fair and impartial member of the Supreme Court, but rather be a rubber-stamp for Musk and a far-right agenda to ban abortion and strip away health care. Schimel has recently been caught behind closed doors saying the Supreme Court ‘screwed’ Trump over by refusing to overturn the results of the 2020 election, and these latest remarks are all part of a pattern of extreme and shady behavior from Schimel. Wisconsin deserves a Supreme Court Justice who answers to the people, not the highest bidder.”

Schimel’s campaign has received millions in support from political action committees associated with Elon Musk, the richest man in the world, who has been leading Trump’s effort to slash government programs. 

Earlier this week, the Washington Post reported that Schimel told a group of supporters in Jefferson County that Trump had been “screwed over” by the Wisconsin Supreme Court when it ruled against his effort to overturn the results of the 2020 election. In his remarks in Waukesha, he highlighted a number of talking points popular with many of the state’s most prominent 2020 election deniers. He blamed decisions by the Supreme Court for allowing those issues to persist. 

“There were a string of other cases that the Supreme Court refused to hear before the election that impacted the election that year unquestionably,” Schimel said. 

Schimel pointed to the issue of special voting deputies in nursing homes as a major problem. 

Because of the COVID-19 pandemic, officials known as special voting deputies who normally go into nursing homes to help residents cast absentee ballots were unable to enter those facilities. 

Republicans have claimed that decision allowed people who should have been ineligible to vote because they’d been declared incompetent to cast a ballot. Conspiracy theorists have pointed to affidavits filed by family members of nursing home residents that their relatives were able to vote. Only a judge can declare someone incompetent to vote, however. 

The issue led to the Republican sheriff of Racine County to accuse members of the Wisconsin Elections Commission (WEC) of committing felony election fraud and became a target in former Supreme Court Justice Michael Gableman’s widely derided review of the 2020 election. 

Schimel also blamed the election commission’s decision to exclude the Green Party’s candidates from the ballot that year for Trump’s loss. WEC voted not to allow the party on the ballot because there were errors with the candidate’s addresses on the paperwork. The party sued to have the decision overturned, but the Supreme Court ruled 4-3 against the party because it was too close to the election. 

While conservatives held the majority on the Court at the time, Schimel  blamed liberals. 

“Well, that was with three liberals and a conservative getting soft headed,” Schimel said, referring to Justice Brian Hagedorn, who frequently acted as a swing vote when conservatives controlled the Court.

Schimel added: “Those billionaires from around the country said, ‘What if we could get four liberals on the court? Then we don’t have to fool a conservative into doing something stupid.’ And then they did it in 2023. They bought that election, and they stole the Wisconsin Supreme Court, and they put us in chaos ever since.” 

Mike Browne, a spokesperson for progressive political group A Better Wisconsin Together, said Schimel is willing to say anything to curry favor with right-wing supporters and financial backers. 

“Brad Schimel has extreme positions like using an 1849 law to try to ban abortion, supporting pardons for violent January 6 insurrectionists, endorsing debunked 2020 election lies, and shilling for Elon Musk,” Browne said. “His bungling attempts to try to talk his way out of it when he gets called out don’t change the fact that time and again we see Brad Schimel on his knees for right-wing campaign cash instead of standing up for Wisconsin or our rights and freedoms.”

The Schimel campaign did not respond to a request for comment.

Update, Dec. 12, 2024: A federal judge dismissed the Republican Party of Wisconsin lawsuit on Thursday, saying there’s no controversy over the main issue in the case. Both the GOP and the defendants agree they should cast electoral votes for President-elect Donald Trump on Dec. 17, in compliance with a federal law, not the Dec. 16 date dictated under a state law.

Original story: The Republican Party of Wisconsin filed a lawsuit Friday to resolve a discrepancy between state and federal law directing when appointed presidential electors must meet to cast Electoral College votes.

State law requires presidential electors to meet on Dec. 16 this year, but a federal law passed two years ago calls for them to meet on Dec. 17. The state GOP is calling on a U.S. District Court of Western Wisconsin judge to enforce the federal requirement and strike the state one.

“The presidential electors cannot comply with both requirements,” the lawsuit states.

Resolving the current conflict is key to avoiding the state’s electoral votes getting challenged or contested in Congress, the state GOP states.

The lawsuit highlights the Legislature’s failure to pass a bill that would have brought Wisconsin in line with the new federal law. That inaction, the state GOP says, “led to the current conflict between the federal and state statutes.”

The lawsuit is filed against Gov. Tony Evers, Attorney General Josh Kaul and Wisconsin Elections Commission Administrator Meagan Wolfe.

The GOP is asking for the federal court to declare the current state law requirement — for the electors to meet on the first Monday after the second Wednesday in December, as opposed to the federal law’s requirement to meet on the first Tuesday following the second Wednesday — unconstitutional and unenforceable. Given the tight timeline, it’s seeking a hearing “as soon as the Court’s calendar allows.”

Spokespeople for the Wisconsin Elections Commission and Evers declined to comment for this story. 

Generally, federal law supersedes state law if there’s a conflict between the two, said Bryna Godar, a staff attorney at the University of Wisconsin Law School’s State Democracy Research Initiative. Under the current, conflicting laws, electors this year definitely have to meet on Dec. 17, but it’s less clear what they should do on Dec. 16, she told Votebeat in May.

The new designated day arose as a result of the new federal law, commonly called the Electoral Count Reform Act. Congress designed the law in 2022 to prevent the post-election chaos that then-President Donald Trump and his allies created after the 2020 election, which culminated in efforts to send fake electoral votes to Congress, block certification of legitimate electoral votes and then storm the Capitol on Jan. 6, 2021. 

The new federal law sets specific schedules for certifying election results and casting electoral votes. It cleared up ambiguities contained in the previous version of the law, which was enacted in 1887 but never updated until two years ago. 

As of mid-October, 15 states had updated their laws to comply with the Electoral Count Reform Act, according to the National Conference of State Legislatures. A Wisconsin proposal to bring the state in line with the new federal law passed the Senate nearly unanimously in February. But it never received a vote in the Assembly. 

“It would have been beneficial if Wisconsin had also done that,” Godar said.

Scott Thompson, a staff attorney at the liberal-leaning legal group Law Forward, said the Legislature knew about this problem for over a year but chose not to resolve it with a simple fix.

“This eleventh hour lawsuit merely confirms that our state Legislature needs to stop peddling election conspiracy theories and start taking the business of election administration seriously,” he said.

Wisconsin Republicans were among those who sent documents to Congress in December 2020 falsely claiming Trump won the state. Trump won the state in 2024. The Wisconsin fake electors were subject to a civil lawsuit, and there’s an ongoing criminal case against their attorneys.

Alexander Shur is a reporter for Votebeat based in Wisconsin. Contact Shur at ashur@votebeat.org.

Votebeat is a nonprofit news organization reporting on voting access and election administration across the U.S. Sign up for Votebeat Wisconsin’s free newsletter here.

UPDATE: Parties agree on date Trump’s electors are supposed to cast their votes is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.