A federal judge has cut in on a top Democratic law firm seeking to challenge Wisconsin’s absentee ballot witness requirement.
“Normally, a court would start by looking for other textual clues in the law, but in this case, the most obvious problem with plaintiff’s interpretation is that it makes no sense at all,” the district court said. Judge James Peterson said in his decision. He opposed the Elias Law Group, a firm founded by Democratic super-lawyer and former Clinton campaign general counsel Marc Elias, which 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.
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James Peterson testifies during his confirmation hearing before the Senate Judiciary Committee on Capitol Hill, January 8, 2014.
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 a clause requiring certification.
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. wrote Peterson, who was appointed by President Obama.
Attorney Marc Elias outside the Sandra Day O’Connor Federal Courthouse in Phoenix, Arizona, on August 3, 2016 (David Jolkowski of The Washington Post via Getty Images)
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“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 Article 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. .
Example of absentee voting.
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“Mr. Elias has been sanctioned for past litigation. Yet despite his checkered past, other Democrats continue to employ Mr. Elias,” Turley wrote on Saturday. “Mr. Elias led an unsuccessful effort to contest the Democratic Party’s loss.” Mr. Elias also faced intense criticism after making tweets that some criticized as racist in nature. became a target.”
Elias Law Group did not immediately respond to Fox News Digital’s request for comment.
