Former Dane County Judge James Troupis appears in court on Dec. 12. He faces felony forgery charges for his role in developing the 2020 false elector scheme to overturn the election results for Donald Trump. (Screenshot | WisEye)

A Dane County judge ruled last week that the criminal cases will be allowed to continue against two former attorneys and a campaign staff member of President Donald Trump for orchestrating the scheme to have Wisconsin Republicans cast false Electoral College votes for Trump in 2020. 

John D. Hyland denied the motion to dismiss in an Aug. 22 order. Last year, Wisconsin Attorney General Josh Kaul filed criminal charges against Kenneth Cheseboro, Jim Troupis and Mike Roman. 

Cheseboro, a Wisconsin native, was one of the main planners of the false elector scheme. The scheme led to Electoral College votes being cast for Trump in seven states and began the series of events that led to the attack on the U.S. Capitol on Jan. 6, 2021. Troupis, a former Dane County judge, worked as an attorney for the Trump campaign. Roman allegedly delivered the false paperwork from Wisconsin Republicans to the staff member of a Pennsylvania congressman in order to get them to Vice President Mike Pence on Jan. 6. 

The three men each face 11 criminal charges related to felony forgery. Each charge carries a maximum penalty of six years in prison and a $10,000 fine. 

“Troupis does not show that the First Amendment protects the right to commit forgery, does not show that the government violated his right to due process by entrapping him into that forgery, and does not show prosecutors must exercise discretion to charge an accused of his preferred offense,” Hyland wrote in his order denying the motion to dismiss.

Wisconsin Fair Maps Coalition signs on a table outside the Capitol meeting room where the coalition took testimony opposing a Republican redistricting proposal. (Wisconsin Examiner photo)

A new lawsuit filed this week in Dane County Circuit Court seeks to have Wisconsin’s congressional maps declared an unconstitutional, anti-competitive gerrymander and thrown out. 

The suit, filed Tuesday, is another attempt by Democrats and their allies to have new maps drawn before the 2026 midterm elections. Just a few weeks ago, the Wisconsin Supreme Court declined to hear two challenges to the current congressional districts. 

Republicans currently hold six of the state’s eight congressional districts. Democrats have focused on southern Wisconsin’s First District, currently held by Rep. Bryan Steil, and western Wisconsin’s Third District, currently held by Rep. Derrick Van Orden, as possible targets. 

The current maps were drawn by Democratic Gov. Tony Evers and selected by the state Supreme Court, which was at the time controlled by conservatives. In that case, the Court had ruled that any proposed maps must follow a “least change” standard and adhere as closely as possible to the maps installed by Republicans in 2011. 

The new lawsuit was filed at the local level, rather than directly with the Supreme Court as an original action, a slower process but perhaps more likely to be taken up by the Court — which has declined to hear challenges to the congressional maps a handful of times in the last few years, despite the Court’s liberal wing gaining majority control after the 2023 Supreme Court election. 

The new suit was filed by attorneys from voting rights focused Law Forward on behalf of the bipartisan business group Wisconsin Business Leaders for Democracy Coalition, arguing that the current maps are unconstitutional because they’re anti-competitive. Previous challenges to the maps argued the districts were rigged to benefit the Republican party and violated equal protection laws. 

“Wisconsin’s current congressional plan presents a textbook example of an anti-competitive gerrymander,” the lawsuit states. “Anti-competitive gerrymanders are every bit as noxious to democracy as partisan gerrymanders and racial gerrymanders.”

The lawsuit adds that Wisconsin’s maps are an “anti-competitive gerrymander that artificially suppresses electoral competition.” The suit argues that when the congressional maps were drawn in 2011, the lines were drawn to protect incumbents of both parties. When those maps were largely kept intact by the Supreme Court’s “least change” standard in 2021, the decision to insulate incumbents was carried over. 

“After the Wisconsin Legislature adopted the 2011 congressional map, congressional races over the ensuing decade were, as intended, highly uncompetitive,” the lawsuit states, noting that only one congressional election under those maps was decided by less than 10 percentage points. “The Court’s adoption … of the ‘least change’ congressional map necessarily perpetuated the essential features — and the primary flaws — of the 2011 congressional map, including the 2011 congressional map’s intentional and effective effort to suppress competition.”