James Peterson testifies during his confirmation hearing before the Senate Judiciary Committee, Jan. 8, 2014, on Capitol Hill. - As the District Judge he ruled against the Elias Law Group lawsuit
The Wisconsin law requires voters to both certify that they meet the requirements to vote and that they have followed the correct process for filling out an absentee ballot, which includes a section that requires "witness certification."
Elias said the witness requirement violates the Voting Rights Act of 1965 and Civil Rights Act of 1964, arguing that a witness would be forced to verify the eligibility of the voter filling out the ballot.
"Under plaintiffs’ interpretation, every witness would have to determine the voter’s age, residence, citizenship, criminal history, whether the voter is unable or unwilling to vote in person, whether the voter has voted at another location or is planning to do so, whether the voter is capable of understanding the objective of the voting process, whether the voter is under a guardianship, and, if so, whether a court has determined that the voter is competent," Peterson, an Obama appointee, wrote.
"Many witnesses would be unable to independently verify much of the required information," Peterson continued. "The statute allows any adult U.S. citizen to serve as a witness, suggesting that a wide variety of people should be able to do the job… It makes no sense to interpret § 6.87 in a way that would make compliance virtually impossible."
The decision follows the top firm's failure in another Wisconsin case, which saw Elias attempt to force the state to redraw its congressional maps. But the Wisconsin Supreme Court opted not to hear the case, a victory for Republicans in the state.
"Elias has been sanctioned in past litigation. Yet, other Democrats have continued to hire Elias despite his checkered past," Turley wrote Saturday. "Elias unsuccessfully led efforts to challenge Democratic losses. Elias also was the subject of intense criticism after a tweet that some have called inherently racist."
The Elias Law Group did not immediately respond to a Fox News Digital request for comment.
