Empower Wisconsin | April 8, 2020
By M.D. Kittle
MADISON — The hotshot D.C. attorney known as the Democrats’ “fixer” has been preaching to his liberal choir that President Donald Trump cannot move November’s general election amid the COVID-19 threat.
It is curious then that Marc Elias is the same lawyer who sued Wisconsin on behalf of the Democratic Party to effectively move its election.
Hyperbolic liberals, of course, not Trump, are the ones insisting that their Public Enemy No. 1 would use the health crisis to try to manipulate election law. Elias and a flood of smug journalist have manufactured stories out of the insinuations.
In a self-loving piece for his self-promoting Democracy Docket, Elias asserts he’s getting a lot of questions — “from family, friends, reporters, political consultants, even members of Congress” — about the impact of the coronavirus on the election year.
“But there is one question that I get asked more than any other: is there any way—at all—that Trump can legally cancel or postpone the November General Election?” the attorney writes.
“The answer is clearly no.”
The constitution, as Elias is quick to point out, gives congress the power to determine the day of the election, not the president.
In Wisconsin, that power also belongs to the legislative branch, something Gov. Tony Evers learned after the Wisconsin Supreme Court barred his unconstitutional executive order rescheduling Tuesday’s election for June.
Elias seems to have forgotten that fact in the lawsuit he filed seeking to change Wisconsin election law. The litigation seeks to extend the deadline for online registration, as well as extending the deadline for receipt of absentee mail-in ballots. Oh, and Democrats want the courts to get rid of the state’s voter ID law, something they’ve been lusting after for a long time.
In his piece, the attorney argues Trump can’t use a crisis to stall or stop an election. In his lawsuit, he insists the courts can — at least in Wisconsin.
“The United States is in the throes of an unprecedented crisis, and as Covid-19 spreads throughout the country, Americans — including Wisconsinites — are forced to socially distance themselves to try to slow the spread of the disease,” Elias wrote.
He argued the dates set in Wisconsin’s election process are merely “arbitrary” deadlines in the law that “simply cannot be met in the current crisis.”
Wisconsin’s Supreme Court and the U.S. Supreme Court each found that Wisconsin’s election laws, established by the legislature, are not “arbitrary” or subject to the whims of liberal governors and activist judges. Just as U.S. election law is not, without congress’ consent, subject to change by the president.
For a “fixer” Elias sure entertains some conflicted, broken logic.