Biteman not giving up in election fraud fight

SHERIDAN — Just a month before the inauguration of 46th U.S. President Joseph R. Biden, Sen. Bo Biteman, R-Sheridan, remains unconvinced of the viability of Biden’s win.

“It is unfortunate that some states who violated their own election laws and/or state constitutions, which in turn affected the national election outcome, appear to be getting away with it,” Biteman said.

Biteman challenged the presidential election results earlier this month by writing a letter encouraging Gov. Mark Gordon to join a lawsuit filed by Texas challenging the legality of election results in four states: Georgia, Pennsylvania, Michigan and Wisconsin.

The letter was eventually signed by 48 legislators including Sheridan County Republican legislators Dave Kinskey, Mark Kinner and Mark Jennings.

Gordon declined to join the lawsuit Dec. 10, saying the case could have “unintended consequences relating to a constitutional principle that the State of Wyoming holds dear — that States are sovereign, free to govern themselves.”

A day later, the Supreme Court tossed out the Texas suit, arguing Texas did not have the standing to bring the case.

“Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections,” the court wrote in an unsigned ruling Dec. 11.

Biteman said he was disheartened but not surprised by the ruling.

“I am disappointed that the majority of the Supreme Court punted on the basis of standing since this is an issue between the states, an original jurisdiction case,” Biteman said. “It is not surprising though as the (Chief Justice John) Roberts court has been all over the map, and in my opinion a disaster, since his bizarre legal gymnastics on the Obamacare ruling.”

While Biteman was disappointed the Texas suit did not move forward, he said he would support all of President Donald J. Trump’s efforts to contest the election results.

“I support President Trump in his efforts to have his day in court so he can put all the evidence on the table and let the chips fall where they may,” Biteman said. “Honest Democrats (and Never-Trump Republicans) would tell you that they would want the same thing if the tables were turned.”

Even with the Supreme Court rejecting the Texas lawsuit, President Trump continues to fight the election results – most recently through a petition asking the high court to reverse three rulings by a Pennsylvania state court interpreting the state’s rules for mail-in ballots.

On Dec. 18, Trump tweeted “We won the Presidential Election, by a lot. FIGHT FOR IT. Don’t let them take it away!” On Dec. 19, he tweeted the country was facing the “greatest election fraud in the history of our country.”

Trump’s campaign and his allies have now filed roughly 50 lawsuits alleging widespread voting fraud. Almost all have been dismissed or dropped.

Texas sued Dec. 8 to challenge the election results in Georgia, Pennsylvania, Michigan and Wisconsin on the basis that those states implemented pandemic-related changes to election procedures that, Texas claimed, were illegal and cast the election results into question. Those battleground states replied that Texas had no business challenging the election protocols of other states.

“Let us be clear,” attorneys for Pennsylvania wrote in the state’s reply brief. “Texas invites this Court to overthrow the votes of the American people and choose the next President of the United States. That Faustian invitation must be firmly rejected.”

While Wyoming did not join the Texas lawsuit, six states joined, with 17 filing briefs in support of the lawsuit.

If nothing else, Biteman’s attempt to join the Texas lawsuit serves as a reminder that many of his colleagues in the Wyoming Legislature support challenging the Presidential election results. More than half of the 90-person Legislature signed their names to Biteman’s letter.

Jennings said he chose to sign because he believes “elections are crucial to a Representative Republic form of government.”

“My constituency was overwhelmingly in support of Wyoming’s voice being heard in this matter,” Jennings said. “We should all care about honest elections. We certainly hope there are other remedies coming forward that will help address what appears to be a travesty against our election process.”

Rep. Cyrus Western, R-Big Horn, agreed fair and honest elections were the foundation of government — which is why he chose not to sign the letter.

“Assuming I read the filing correctly, if the (Supreme Court) agreed to hear the case, and if they ruled with (Texas Attorney General Ken) Paxton, it would indeed have overturned the results and in turn given Trump a second term,” Western said. “I would love this outcome.

“However, this is where I get nervous. Rule of law involves precedence, and my grave concern is it would set a precedent to allow another state, in a future presidential election, to sue and overturn election results within another state. For example, in the 2024 or ‘28 election, New Jersey or Massachusetts could sue to overturn the election results in a red state, Wyoming or Texas for example. This represents a hugely concerning possibility, one which would be a serious violation of the Constitution and states’ rights. States’ rights, and respecting states’ rights, is arguably one the cornerstones of conservatism, one which I deeply believe in.”

For now, Biteman is hoping President Trump has his day in court. In the meantime, he expressed thanks for the Wyoming residents and legislators who supported his efforts to join the Texas suit.

“I am very grateful for all of the support and encouragement I have received from so many people, and I am also very thankful for the 47 co-signers, other legislators from both chambers, who joined the letter,” Biteman said.

*** This article has been archived for your research. The original version from Wyoming Tribune can be found here ***