Khary Penebaker et al v. Andrew Hitt et al.


Law Forward and our co-counsel Georgetown University Law Center’s Institute for Constitutional Advocacy and Protection (ICAP) filed a lawsuit in Dane County Circuit Court describing in detail how ten fraudulent electors in Wisconsin deliberately attempted to override our state’s recounted and certified election results, ignoring state and federal law as well as judicial rulings upholding the election results.

The lawsuit is against twelve individuals associated with a fraudulent slate of presidential electors who falsely sought to have their votes counted on January 6. Despite certified election results showing that Joe Biden and Kamala Harris had won the state of Wisconsin in the 2020 presidential election, the fraudulent electors met in the state capitol on the day statutorily designated for the meeting of the Electoral College, cast their votes for Donald Trump and Mike Pence, and sent the false certification of their votes to the President of the U.S. Senate.

The individuals named in this case schemed to hijack Wisconsin’s role in selecting the president of the United States and to override the will of the voters. We must hold them accountable for their illegal, unprecedented, and profoundly anti-democratic actions. Supporters of a presidential candidate can and should campaign vigorously. But when the votes are counted, we come together as Americans and celebrate a peaceful, orderly transition of power. These fraudulent electors crossed a line.

The actions of the fraudulent electors in Wisconsin and similar actions in other swing states were a necessary predicate to efforts to persuade Vice President Pence, as President of the Senate, to reject the electoral votes of the real electors in those states on January 6 and count the fraudulent electoral votes instead. Had the scheme succeeded, it would have overturned the legitimate results of the 2020 election. This marks the first suit in the nation filed against fraudulent electors.

The suit seeks a judicial declaration that the defendants acted unlawfully when they falsely assumed the office of presidential electors for the State of Wisconsin, as well as an injunction both correcting the historical record and preventing them from engaging in similar violations in the future. The plaintiffs also ask the court to impose statutory fines and monetary damages.

On June 15, 2022, the defendants removed this case to federal court. On July 12, Law Forward and our co-counsel filed a motion to send the case back to state court, where we believe it belongs. Our case concerns issues of state law that should be decided by Wisconsin courts. We await a decision from the judge on which court the lawsuit will proceed in. We believe the case should be remanded to state court.

On Feb. 10, 2023 Judge James D. Peterson of the U.S. District Court of Western Wisconsin granted our motion to remand, which means that this case will proceed in Dane Couty Circuit Court. The Judge rejected the defendants request to move the case to federal court and agreed with our argument that when people violate state law, they should be held accountable in state court.

On May 15th, 2023 Dane County Jude Remington denied the defendants’ attempt at delaying accountability by requesting a change in venue. The matter will be resolved in Dane County Court, as it should be, just one block from where the scheme was carried out.

On May 24, 2023 Judge Remington scheduled the trial for Sept. 3, 2024. It is important that the trial be concluded prior to the next slate of electors being chosen in October 2024.

Case Timeline


  • ;

    March 24, 2023

    An amended complaint was filed to reflect what we’ve learned, thanks in large part to the January 6th Committee, about how the conduct in Wisconsin relates to the national effort to overturn the will of the people in the 2020 election. This submission does not change any course of action but adds finer detail to the facts of what transpired.

  • ;

    May 24, 2023

    On May 24, 2023 Judge Remington scheduled the trial for Sept. 3, 2024. It is important that the trial be concluded prior to the next slate of electors being chosen in October 2024.

Good Governance

Dane County Circuit Court