(The Center Square) – One of the lawyers challenging national Democrats’ efforts to keep the Green Party off the Wisconsin ballot believes the case could be decided within days.
Skylar Croy appeared on News Talk 1130 WISN on Friday and said the Wisconsin Supreme Court’s decision to expedite the case likely means a decision will be made by Tuesday.
“I suspect if they do that, they’ll move very, very quickly,” Croy said. “The way the Democrats argue is that the Wisconsin Election Commission will meet on Tuesday, August 27th, and hold a vote. And the Democrats say, ‘We know how that vote is going to go. They’re going to put the Greens on the ballot.'”
Croy stresses that this was not the case four years ago. The Wisconsin Elections Commission denied the Green Party a spot on the 2020 ballot due to a paperwork issue.
In 2016, the Greens won the election.
Croy said there is a possibility this case could end up in the U.S. Supreme Court because the Democrats’ argument goes beyond the usual constitutional criteria for ballot access.
“Basically, they’re saying that in addition to the requirements set out in the U.S. Constitution, which is that (a candidate) must be 35 years old, have lived in the United States for 14 years and have American citizenship, they’re basically adding a fourth requirement because of their interpretation. That fourth requirement is that you have to be a Republican or a Democrat,” Croy explained. “That’s crazy. It’s really disappointing to see that A. the Democrats have done that and B. there’s a chance that the Wisconsin Supreme Court will agree with that.”
Croy said he hopes the U.S. Supreme Court views this case the same way it viewed the Colorado case that sought to disqualify former President Trump from the ballot. The Supreme Court rejected Colorado’s argument that it could set its own voting requirements.
Croy expects the Wisconsin case to be decided by Tuesday, but did not provide any information on when the U.S. Supreme Court might take it up.
September 19 is the deadline for printing ballots for the November election in Wisconsin. At that point, local election officials in the state can begin mailing out absentee ballots.
