Wisconsin Supreme Court Justice Daniel Kelly now says he will not recuse himself from the case involving a proposed purge of voters from the elections rolls.

Kelly filed a brief with the courts on Wednesday, stating that since he was no longer in the running for an elected position, there was no ethical basis for him to recuse himself.

Right now, the court sits at a 5-2 majority in favor of conservative leaning justices. The decision is crucial after Justice Brian Hagedorn sided with the liberal justices in blocking the case from being expedited directly to the Supreme Court in a decision in December.

Kelly lost the spring election against Judge Jill Karofsky.

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