A federal judge has cut in on a top Democratic law firm seeking to challenge Wisconsin’s absentee ballot witness requirement.
“Typically, courts start by looking for other textual clues in the statute. But in this case, the most obvious problem with plaintiff’s interpretation is that it makes no sense at all,” the federal district judge wrote. James Peterson said in his ruling against Elias Law Group, a law firm founded by Democratic super-lawyers and former Clinton campaigners. General Counsel Marc Elias sought to challenge the Wisconsin law.
The crux of the issue lies in Wisconsin Statute 6.87(2), which sets the state’s absentee voting requirements.
Wisconsin law requires voters to certify both that they met the requirements to vote and that they followed the correct procedure for filling out an absentee ballot, including “testimonials.” Contains items that require proof.
Elias said the witness requirement violates the Voting Rights Act of 1965 and the Civil Rights Act of 1964, arguing that witnesses would be forced to verify the eligibility of voters filling out ballots. did.
“Under plaintiff’s interpretation, all witnesses include the voter’s age, residence, citizenship, criminal history, whether the voter is unable to vote in person, and whether the voter has voted or intends to vote elsewhere. They will have to determine whether the voter understands the purpose of the voting process, whether the voter is under guardianship, and if so, whether the court has determined that the voter is competent.” Peterson, an Obama appointee, wrote.
“Many witnesses will not be able to independently verify much of the required information,” Peterson continued. “This law allows any adult U.S. citizen to serve as a witness and suggests that a variety of people should be able to serve in that capacity… making compliance virtually impossible. It makes no sense to interpret section 6.87 in this way.
The decision comes after top companies failed in a separate Wisconsin lawsuit in which Elias tried to force the state to redraw its congressional maps. But the Wisconsin Supreme Court chose not to hear the case, a victory for the state’s Republicans.
Jonathan Turley, a Fox News Media contributor and the Shapiro Professor of Public Interest Law at George Washington University, noted that Elias himself has been at the center of several controversies and court defeats in recent memory. .
“Elias has been sanctioned for past litigation. Yet other Democrats continue to employ Mr. Elias despite his checkered past,” Turley wrote on Saturday. “Elias led an unsuccessful effort to counter the Democratic loss. Elias also came under intense criticism after a tweet that some criticized as racist in nature. .”
Elias Law Group did not immediately respond to Fox News Digital’s request for comment.
