The firm of Democrats’ favorite lawfare artist — who was also the attorney behind the Russia-collusion hoax — was all but laughed out of court in a recent Wisconsin election integrity case.
D.C.-based Elias Law Group, founded by former Clinton campaign and Democrat National Committee lawyer Marc Elias, brought a “novel” absentee ballot complaint against the state that an Obama-appointed judge called “head-scratching.”
In dismissing the lawsuit against the Wisconsin Elections Commission, U.S District Court Chief Judge James D. Peterson summarily rejected the leftist law group’s outlandish claim that a state law requiring a U.S. citizen witness and sign an absentee voter’s ballot is a violation of voting and civil rights.
‘Absurd’ Interpretation
In a 37-page ruling, Peterson railed against the complaint’s core argument, concluding that “the most obvious problem with plaintiffs’ interpretation is that it simply does not make any sense.”
“The absurd results to which plaintiffs’ interpretation would lead are reason enough to reject that interpretation. But the text, purpose, and history of [Wisconsin Statute] § 6.87 also support an interpretation that a witness is required to certify only the statements about the process of preparing the ballot,” Peterson wrote of the lawsuit, filed in the U.S. District Court for the Western District of Wisconsin.
“It is plaintiffs’ interpretation that leads to head-scratching results,” the federal judge wrote.
The Elias Law Group, practitioners of unbridled leftist lawfare, represent four Wisconsin residents who “wish to vote by absentee ballot in the 2024 election, but they do not want to comply with the witness requirement,” according to the lawsuit. They insist the process of asking any U.S. citizen to witness them vote and to sign their absentee ballots “is difficult or inconvenient for them.”
“They contend that the requirement violates two federal statutes, the Voting Rights Act of 1965 and the Civil Rights Act of 1964, and they seek to permanently enjoin enforcement of the requirement,” Peterson writes in his ruling.
Basic Requirements
The statute requires absentee voters to certify on their ballot envelopes that they are residents of the district or ward in which they are voting, that they reside in the state and are entitled to vote, and that they are “unable or unwilling to appear at the polling place … on election day.” The law also requires the voter to certify that he followed the process for preparing the absentee ballot.
Witnesses are required to certify that they are U.S. citizens and that the voting procedures were executed as stated. They must also affirm that they “did not solicit or advise the elector to vote for or against any candidate or measure.”
Pretty simple. Not much of a burden. And as Peterson notes, the law is “intended to serve legitimate and important purposes, such as deterring voter fraud, undue influence, and ballot harvesting.”
But the folks at the Elias Law Group see the witness provision as an affront to civil rights. One of the plaintiffs, Anna Haas, “plans to be traveling overseas around the time of the November 2024 election.” She won’t have a U.S. citizen with her, so who will witness and sign her absentee ballot?! Well, any U.S. citizen traveling abroad could, or Haas could submit her ballot up to two weeks in advance, as Peterson notes. Plaintiff Anna Poi attends college in Minnesota. Poi prefers to use another Wisconsin voter as her witness so that she “will be able to locate and rely on the witness if it becomes necessary to cure the certificate.”
Putting aside the plaintiffs’ laughable “burdens,” Peterson wrote that these poor, unfortunate souls “have not shown that either the Voting Rights Act of 1965 or the Civil Rights Act of 1964 prohibits a state from requiring absentee voters to prepare their ballot in front of a witness.”
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