A federal judge appointed by Obama has given Marc Elias, the Democratic Party’s primary election lawyer, another legal defeat followinghis legal firm attempted to prevent a Wyoming lawfrom strict proof-of-citizenship and -residency requirements in the state’s voter registration procedure.
The civil complaint, submitted in early May by the Elias Law Group representing theEquality State Policy Center, attempted to contest the constitutionality ofH.B. 156a voting registration law in Wyoming that mandates proof of U.S. citizenship and state residency for individuals seeking to vote in elections.
Judge Scott W. Skavdahl, an Obama appointee, dismissed the legal action on Tuesday because the plaintiff did not have constitutional eligibility.
Under Article III of the U.S. Constitution, to establish the basis for a lawsuit, plaintiffs must show “a concrete and specific harm” that the harm is “reasonably traceable” to“aceable” to the defendant’s actions and that a positive court ruling will remedy the harm.
In a 17-page rulingDismissing the case without prejudice, allowing it to be refiled, Skavdahl determined that the Equality State Policy Center did not establish a personal interest in the issue, as it failed to show that “at least one specific member [of the group] had experienced or would experience harm” due to H.B. 156’s registration rules.
STATE LAWS REGARDING THE VOTING RIGHTS OF NON-CITIZENS ARE SUBJECT TO LEGAL DISPUTES
Skavdahl mentioned that the Equality State Policy Center, a group of “social justice” organizations in Wyoming, providesvoter outreach services, such as help with documentationthe Hispanic community, is not a voter itself and therefore “not the subject or focus of H.B. 156.”
Regarding litigation on behalf of others, Skavdahl mentioned that the group consists of affiliated organizations and is not directly connected to individual members. Even with these layers of separation, the plaintiff still failed to identify a specific person who was harmed, Skavdahl noted.
During an interview on Wednesday with the Washington Examiner, Wyoming Secretary of State Chuck Gray, who was previously sued by the Equality State Policy Center as the state’s top election official, praised the result of the legal action.
We are at the forefront of this issue in the country. This represents a significant win for the people of Wyoming and for the truth,” Gray said to the Washington Examiner. “Marc Elias couldn’t stand up to this strong defense. We assembled an excellent team.
DEMOCRATS SUPPORT NON-CITIZENS PARTICIPATING IN OUR ELECTIONS
Gray, a member of the Republican Party, expressed gratitude to the Trump administration and the Republican National Committee for their support in this matter. The U.S. Department of Justice submitteda statement of interestsupporting Wyoming, and the RNCmoved to interveneand become Gray as a defendant.
Dhillon Law Group, the legal practice led by Assistant U.S. Attorney General Harmeet Dhillon, who oversees the DOJ’s civil rights division,acted as Gray’s external legal advisor.
In a public statementcelebrating the dismissal of the lawsuit, Gray praised H.B. 156 as “common-sense” legislation that aligns withPresident Donald Trump’s plans regarding changes to election security measures.
H.B. 156, a state-specific counterpart to theProtect American Voter Qualification ActThat’s moving forward in Congress, and it mandates that new applicants submit written evidence of U.S. citizenship or Wyoming residence, like a driver’s license, U.S. passport, birth certificate, or documents related to naturalization.
Effective from July 1, the bill was enacted into law.without the signatureof Governor Mark Gordon (R-WY), whorefused to sign it.
THE REPUBLICAN PARTY NEEDS TO TAKE ADVANTAGE OF ITS OPPORTUNITY TO IMPLEMENT ELECTION SECURITY
In the discarded lawsuit, the Equality State Policy Center argued that H.B. 156 was “much more likely” to exclude U.S. citizens who might not be able to present the required documents than to stop non-citizens from voting illegally.
Calling upon the history of women’s right to vote inWyoming, the first U.S. state to give women the right to vote, the complainant argued that female voters, especially married women, would encounter difficulties at registration counters due to changes in their names after marriage.
Among those allegedly lacking access to valid forms of identification, the Equality State Policy Center stated that the Wyoming bill “disproportionately” impacts the state’s homeless community, low-income people with suspended licenses due to unpaid fines, young people leaving the juvenile justice system and child welfare programs, Spanish-speaking Hispanic residents, and transgender voters who have legally updated their identities.
Gray stated that the law is not biased.
The Left uses these misleading slogans, which we have refuted in our reply,” Gray said to the Washington Examiner. “This law is enforced fairly for all and is not biased. Everyone is treated equally under the law. These outdated, incorrect claims that the Left presents, we addressed in our response, and we prevailed.
No one is supporting the Democrats’ gender-related criticisms of voter ID and the Save Act
The now-granted motion to dismissstated that the plaintiff solely used “a series of hypothetical situations based on speculative reasoning.” As per the defense’s submission, no evidence pointed to a single, eligible Wyoming resident who would be prevented from registering to vote under H.B. 156’s rules.
Skavdahl stated on Tuesday that the Equality State Policy Center’s assertions were “general, definitive claims without factual basis.”
Elias’s loss in the Wyoming non-citizen voting case represents his second election-related legal setback in recent weeks.
Elias tried to block a lawprohibiting external entities from directing funds into ballot measures inKansas.
Representing the foreign-fundedThe Kansas Coalition for Constitutional Freedom, composed of pro-choice advocates, stated that the ban in question violated the free speech rights of individuals who receive funds from abroad and subsequently advocate for or against a particular policy.
On June 30, a federal judge appointed by Obama issued a different decisiona scathing ruling squashing the plaintiff’s bid to block the campaign finance bill, which bans contributions from foreign nationals in favor of or against proposed changes to the Kansas constitution.
The court stated, ‘Kansas has recognized a strong interest in stopping outside influence on Kansans’ choices regarding its basic governing document.’
The Washington Examiner reached out to The Elias Law Group for a response.
