FILE - Members of Wisconsin's Electoral College cast their votes at the state Capitol in Madison, Wis., Monday, Dec. 14, 2020. (AP Photo/Morry Gash, Pool, File)
By SCOTT BAUER Associated Press
MADISON, Wis. (AP) — Wisconsin Republicans will meet Tuesday as required under federal law to cast the state's Electoral College votes for President-elect Donald Trump, not a day earlier as state law calls for, after elections officials and the state Department of Justice agreed that is the proper day to do it.
The Wisconsin Republican Party sued last week seeking an order to resolve which of the two dates it should meet. The state Department of Justice and the Wisconsin Elections Commission agreed that the votes should be cast Tuesday in accordance with federal law. The Justice Department asked that the case be dismissed.
U.S. District Judge James Pederson dismissed the case Thursday because everyone agreed that federal law should be followed, essentially making the lawsuit moot.
State law calls for the electors to meet on the first Monday after the second Wednesday in December. But federal law requires the meeting to be the first Tuesday following the second Wednesday.
The Republican-controlled Wisconsin Legislature, recognizing the conflict, attempted to bring the state into compliance with federal law last session. The Senate passed the bill 31-1, but it never got a vote in the Assembly.
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