Russia collusion hoax peddler Marc Elias and his leftist lawfare group are pushing another federal lawsuit aimed at stripping election integrity protections that prevent noncitizens from voting.
The Elias Law Group’s complaint, filed on behalf of liberal “voter rights” organizations, claims the state’s new law requiring documented proof of U.S. citizenship before individuals may register to vote at the Ohio Bureau of Motor Vehicles “threatens to disenfranchise thousands of eligible citizens.” The law does no such thing, and the lawsuit — filled with the Elias Law Group’s usual hyperbolic spin — may well suffer the same fate as a similar election law complaint the law firm filed in Wyoming.
Red Wine & Blue and the Ohio Alliance for Retired Americans argue that the law, included in the legislature’s transportation funding bill, violates the National Voter Registration Act (NVRA) and the U.S. Constitution.
“HB 54’s new proof-of-citizenship requirement imposes unnecessary obligations to register to vote in violation of the NVRA,” the lawsuit asserts. “HB 54 violates the U.S. Constitution because it is impermissibly vague, giving no guidance as to what constitutes sufficient proof of United States citizenship.”
It’s more of the same from Elias and “dark money” leftist groups attacking election-integrity measures in the name of “voter rights.”
“Both federal law and the Ohio Constitution prohibit noncitizens from voting. But now dark money groups represented by D.C. operatives are challenging a law that prevents noncitizens from registering to vote at the BMV,” Ohio Secretary of State Frank LaRose said in a statement in response to the lawsuit.
“We will win this case – just like we’ve fought off the other baseless actions that such groups have brought against us,” LaRose added.
The secretary of state is right to feel confident.
Lacks Standing
Last month, U.S. District Judge Scott Skavdahl found the leftist group that Elias was representing in a similar lawsuit in Wyoming lacked standing. Skavdahl, an Obama appointee, ruled that the election integrity deniers had no business challenging HB 156, which, like Ohio’s law, requires prospective Wyoming voters provide documentary proof of citizenship and residency when registering to vote in the state.
“Under Article III of the Constitution the exercise of judicial power is confined to Cases and Controversies, which requires Plaintiff to establish a personal stake in the outcome — standing,” Skavdahl wrote in a 17-page decision.
The lawsuit in Ohio comes with the same baseless boilerplate language from a Democratic Party-abetting law firm opposed to basic protections against noncitizens registering and voting in U.S. elections. Elias insists that providing voter ID to prove citizenship is a “significant barrier” to voting, “especially hard on women whose legal names have changed through marriage or divorce.”
Rep. Chip Roy, R-Texas, lead sponsor of the Safeguard American Voter Eligibility (SAVE) Act, called such fear-mongering “perhaps the most absurd narrative peddled from the left.”
‘Right to Vote is Sacred’
A year ago, LaRose’s office “identified 597 individuals who’ve registered to vote in Ohio despite not being citizens of the United States, as our state constitution requires.” He referred the information to Ohio Attorney General Dave Yost for further review and prosecution. Two weeks before November’s election, Yost announced grand jury indictments against six foreign nationals accused of illegally voting in Ohio. Each is accused of illegally voting multiple times, in as many as four different elections.
“The right to vote is sacred, the exercise of authority by the sovereign people. It belongs ‘only’ to citizens.” Yost said at the time.
According to court records obtained by The Federalist:
› Lorinda Miller, 78, pleaded guilty to the indictment against her. She asked the court for intervention in lieu of conviction. The court granted ILC (meaning she is on probation. If she completes probation, her case will be dismissed without conviction). Miller argued she had mental health issues that contributed to her decision to illegally vote. The original grand jury indictment accused her of voting in 2016, 2017, 2018, and 2019.
› Nicholas Fontaine is accused of illegally voting as a noncitizen. He has moved to have the felony charge dismissed. That motion is pending. A trial date has yet to be scheduled. A pretrial hearing is set for Sept. 10.
› Ahmed Aden is charged with illegally voting as a noncitizen in 2020. His trial set for October 20.
› Van Thuy Cooper allegedly voted as a noncitizen in 2020. Her trial is scheduled for Oct. 6.
› Maria Dearaujo is charged with illegally voting as a noncitizen in 2018 elections. Her motion to dismiss was denied, and her trial is scheduled for Dec. 8.
› One of the indicted individuals, Ramesh Patel, will not face charges. He died in 2022. The original press release stated Patel illegally voted in 2014, 2016 and 2018. The press release notes the others voted multiple times as well.
“The right to vote is sacred, the exercise of authority by the sovereign people. It belongs ‘only’ to citizens.” Yost said at the time.
‘One Vote Makes a Difference’
Yost told News5 Cleveland that the cases “had been previously declined for prosecution” by local district attorneys, underscoring the lack of will in investigating and prosecuting noncitizens voting in elections.
In October, about a month before the presidential election, Sen. Bill Hagerty, R-Tenn., and Rep. Andy Biggs, R-Ariz., called out then-U.S Attorney General Merrick Garland and the Department of Justice for a failure to prevent illegal aliens from registering to vote in U.S. elections, or to prosecute those who appear to have done so. They pointed to states, including South Carolina, Georgia, Ohio, Tennessee, Texas, and Virginia taking steps to investigate and prevent incidents of noncitizens registering and voting.
“Clearly, there is a non-negligible amount of voter participation by non-citizens in federal elections, which is not only a serious threat to the integrity of our elections and the democratic process they represent, but also has the potential to reduce Americans’ trust and confidence in election results,” the lawmakers wrote in a letter to Garland.
Democrats and leftist organizations such as the Elias Law Group have shrugged their shoulders, insisting that the number of noncitizens illegally voting in U.S. elections is miniscule. Even if that is true, elections have been decided by a handful of votes. In 2020, Iowa Republican Mariannette Miller-Meeks won the Hawkeye State’s 2nd Congressional District seat by just six votes.
According to the Public Interest Legal Foundation’s (PILF) Tied Elections Database, 26 elections ended in ties in 2023. Battleground Pennsylvania recorded seven that year, leading the country in tied elections. At least five of the 26 tied election were the result of recounts. In a Louisiana sheriff’s race, the state’s Supreme Court found at least 11 “beyond a doubt” illegal votes cast and counted, but “it is legally impossible to know what the true vote should have been,” PILF reported. The court called for a new election in March 2024.
“One vote makes a difference,” said foundation President, J. Christian Adams. “Ties happen. Illegal votes, mistakes, and errors shouldn’t determine the winner of an election.”
But election integrity denier Marc Elias and his lawfare group are fighting tooth and nail against basic protections like verifying U.S. citizenship to vote in elections.
“It’s common sense that only U.S. citizens should be on our voter rolls,” LaRose said. “I won’t apologize for, or back down from the work we do to ensure the integrity of our voter rolls.”