Challenging Florida’s Restrictive Ballot Initiative Law (FloridaRighttoCleanWater. org v. Byrd)

This week, the U.S. House of Representatives plans to vote on a budget reconciliation package containing provisions that could seriously undermine our democracy. Trevor Potter, president of Campaign Legal Center (CLC) and former Republican chairman of the Federal Election Commission, released the following statement: 

“The House is trying to use budget reconciliation as a Trojan horse to enact President Trump’s agenda across our government while avoiding the Senate filibuster rules — in doing so, they are poised to severely undermine our democracy. 

“In one provision, Congress aims to ban the enforcement of state or local laws regulating artificial intelligence (AI) — even those designed to stop election manipulation. More than 20 states have already created such laws after seeing that bad actors can use AI to create fake content that could mislead voters or discourage electoral participation. Congress should be following the example set by these states. We need federal laws that address the challenges AI can create for our democracy, rather than setting voters up to face a deluge of false information and denying their right to make informed decisions at the ballot box. 

“In another provision, Congress aims to shield the Trump administration, and any government actor, from accountability when they break the law. This outrageous change would undermine the rule of law and allow government officials, including the president, to escape the possibility of being held in contempt of court if they violate court orders. The provision would even apply to court orders and injunctions issued before this law takes effect. In essence, the provision could in a single stroke render thousands of prior orders across the country unenforceable via contempt proceedings. The rule of law in our country would be dangerously undermined if this provision becomes law. 

“CLC urges the House to remove these harmful provisions from its legislation. If they remain in place, we urge every lawmaker to vote NO and defeat this budget reconciliation package to protect our democracy.”

CLC, a nonpartisan nonprofit focused on advancing democracy through law, has identified two provisions that would harm voters and threaten the rule of law. 

The first — SEC. 43201(c) — is a 10-year ban on the enforcement of all state and local laws that regulate artificial intelligence (AI), which would include rules for AI’s use in political campaigns and elections. The second — SEC. 70302 — would severely restrict federal courts’ authority to hold government officials in contempt if they violate judicial orders. The bill would require those suing the government to pay a bond before the court can use its contempt power to enforce injunctions or restraining orders against illegal actions.

###

The nonpartisan Campaign Legal Center advances democracy through law. We safeguard the freedom to vote, defend voters’ right to know who is spending money to influence elections, and work to ensure public trust in our elected officials.

Learn more about CLC. Don't miss out on our latest resources: Subscribe to President Trevor Potter's newsletter on LinkedIn or email, tune in to the latest season of our award-winning podcast, Democracy Decoded, and join our livestreamed events. 

Baton Rouge, LA — Today, a coalition of voting rights groups is suing the state of Louisiana for a blatant violation of Louisianans’ freedom to vote. The state passed a proof of citizenship law that is unconstitutionally vague and violates the National Voter Registration Act (NVRA). If implemented, the law will disproportionately harm voters of color, women, new voters, voters with past felony convictions, and other historically disenfranchised communities. 

The League of Women Voters of Louisiana (LWVLA), Voice of the Experienced (VOTE), the NAACP Louisiana State Conference, and Power Coalition for Equity and Justice (PCEJ) filed suit to ensure all eligible Louisiana voters can make their voices heard without being burdened by potentially onerous voter registration requirements. The groups are represented by Campaign Legal Center (CLC), Lawyers’ Committee for Civil Rights Under Law (Lawyers’ Committee), and Southern Poverty Law Center (SPLC). 

“SB 436, which places unnecessary barriers to Louisianans’ ability to register to vote, is not only confusing, but is also illegal,” said M. Christian Green, president of the League of Women Voters of Louisiana. “Furthermore, the law unlawfully restricts the League of Women Voters of Louisiana’s ability to do our core nonpartisan work of registering and educating voters. At the end of the day, educating voters is our mission — policing citizenship is not. This law takes Louisiana in the wrong direction, and we look forward to challenging it in court.” 

“SB 436 is a solution in search of a problem — one that will make registering to vote harder or impossible for tens of thousands of Louisiana voters,” said Celina Stewart, CEO of the League of Women Voters of the US. “Voter registration should be a simple and accessible process, yet across the country, the League is fighting bills and laws that seek to make it harder for Americans, particularly women and voters of color, to register to vote. We are proud that wherever you see these unlawful documentary proof of citizenship bills, you see the League fighting back.” 

“We are deeply concerned about SB 436 and the impact it will have on our members, and all Louisianans, when registering to vote,” said Dr. Michael McClanahan, president of the NAACP Louisiana State Conference. “By making voter registration harder, it deliberately undermines the right to vote for countless individuals in our community. The Louisiana State Conference of the NAACP stands against any attempt to disenfranchise voters and stands committed to ensuring that every eligible voter has the opportunity to participate in our democracy.” 

“This law is an attempt to suppress the voices of Black voters and other communities of color under the false pretense of protecting election integrity. It is dangerously vague, unconstitutional, and in clear violation of the National Voter Registration Act. Rather than addressing real challenges facing our democracy, this policy creates confusion, fear, and unnecessary barriers for eligible voters—particularly those who have historically been pushed to the margins. Louisiana should be working to expand access to the ballot, not entrenching new forms of voter suppression. We joined this lawsuit because our communities deserve fairness, and the full protection of their rights,” said Ashley Shelton, Founder/CEO of Power Coalition for Equity and Justice (PCEJ). 

“This law has nothing to do with voter integrity — it’s about voter suppression. If you’re a returning citizen without SB 436's unnecessary documentation, you’re being forced to spend money just to prove to the government what it already knows: that you have the right to vote. That’s a modern-day poll tax, plain and simple — and it needs to be taken off the books,” said Alfred Marshall, organizer for Voice of the Experienced. 

“SB 436 threatens to silence countless voters across the state by potentially forcing them to jump through new, burdensome and unnecessary hoops when registering to vote,” said Danielle Lang, senior director of voting rights at Campaign Legal Center. “Campaign Legal Center — alongside our coalition partners — will continue to fight for the freedom to vote for everyday Louisianans.” 

“Many eligible citizens lack the necessary documentation to prove their citizenship and will be barred from accessing the ballot box. This law is a useless solution in search of a nonexistent problem, and it does nothing but block eligible voters from participating in our democracy,” said Javon Davis, associate counsel for the Voting Rights Project at the Lawyers’ Committee for Civil Rights Under Law. “The requirements especially harm Black people and other communities of color—groups who already face barriers to voting. We are filing this lawsuit to protect the fundamental right to vote in Louisiana and ensure that no eligible citizen is silenced by unnecessary red tape.” 

“Registering to vote should be simple and free from unnecessary barriers, but Louisiana’s SB 436 unlawfully complicates the process,” said Ahmed Soussi, Senior Staff Attorney at the Southern Poverty Law Center. “SPLC is proud to represent the plaintiffs in this fight to protect our fundamental right to vote.”

Follow the latest updates on this matter through our case page.  

### 

Campaign Legal Center is a nonpartisan legal organization dedicated to solving the wide range of challenges facing American democracy. Founded in 2002, CLC fights for every American’s freedom to vote and participate meaningfully in the democratic process. 

Learn more about CLC. Don't miss out on our latest resources: Subscribe to President Trevor Potter's newsletter on LinkedIn or email, tune in to the latest season of our award-winning podcast, Democracy Decoded, and join our livestreamed events. 

St. Paul, MN — In a stunningly antidemocratic move, voters in seven states in the U.S. Court of Appeals for the Eighth Circuit are now unable to sue to enforce Section 2 of the Voting Rights Act’s (VRA) ban on racial discrimination.

This is a loss for Native American voters in North Dakota who have been fighting for a fair map since 2021, and it sets a dangerous precedent for other voters across the country whose voices would otherwise be silenced without the ability to fight for a responsive government.

“This decision severely undermines the Voting Rights Act and is contrary to both the intent of Congress in enacting the law and to decades of Supreme Court precedent affirming voters’ power to enforce the law in court,” said Mark Gaber, senior director for redistricting at Campaign Legal Center. “If left intact, this radical decision will hobble the most important anti-discrimination voting law by leaving its enforcement to government attorneys whose ranks are currently being depleted. The immediate victims of today’s decision are North Dakota’s Native American voters, who a trial court found were subjected to a map that discriminated against them on account of race. Campaign Legal Center will continue to fight to uphold the VRA and ensure fair maps.”

"Today's ruling wrongly forecloses voters disenfranchised by a gerrymandered redistricting map, as Native voters in North Dakota have been, from challenging that map under the Voting Rights Act. Native voters in North Dakota have struggled for nearly a century for the right to vote and for inclusion in the democratic process and Tribal Nations and Native voters will continue to fight to defend their rights," said NARF Staff Attorney Lenny Powell.

After uprooting settled law in a 2023 decision concluding that only the U.S. Department of Justice is authorized by the VRA to file lawsuits, the Eighth Circuit has doubled down and further weakened voters’ power in Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota to challenge unfair maps by closing off voters’ access to the country’s generally applicable civil rights statute, Section 1983, as a means to enforce the voting guarantees of Section 2 of the VRA.

Campaign Legal Center — alongside Native American Rights Fund (NARF), Robins Kaplan, LLP, and The Law Office of Bryan L. Sells, LLC — represented Native American voters on the Turtle Mountain Reservation and Spirit Lake Reservation in North Dakota. Native American voters in North Dakota deserve a fair map and a fair chance to ensure all voters can make their voices heard.

###

The nonpartisan Campaign Legal Center advances democracy through law. We safeguard the freedom to vote, defend voters’ right to know who is spending money to influence elections, and work to ensure public trust in our elected officials.

Learn more about CLC. Don't miss out on our latest resources: Subscribe to President Trevor Potter's newsletter on LinkedIn or email, tune in to the latest season of our award-winning podcast, Democracy Decoded, and join our livestreamed events.

On Thursday, May 15, the U.S. Supreme Court will hold oral arguments on the federal government’s appeal of rulings blocking President Donald Trump’s executive order that attempts to end birthright citizenship.

On behalf of Secure Families Initiative, the nonpartisan Campaign Legal Center submitted a brief last month urging the U.S. Court of Appeals for the Ninth Circuit to block President Trump’s unconstitutional attempt to ban birthright citizenship.

Bruce V. Spiva, senior vice president of Campaign Legal Center, issued the following statement:

“Citizenship is the core of American democracy — it is the primary determinant of who can vote as well as a whole range of opportunities to interact with our government. The 14th Amendment and over 100 years of Supreme Court precedent are clear: Regardless of where your parents were born, babies born in the United States are citizens.

“Attacks on citizenship — whether from the White House or elsewhere — are attacks on our democracy. If the president gets to choose who is a citizen, he is essentially getting to choose who votes.

“This is why it is so essential that the Supreme Court affirms our Constitution and this legal precedent by upholding birthright citizenship. Our democracy is strongest when it includes all Americans.”

###

The nonpartisan Campaign Legal Center advances democracy through law. We safeguard the freedom to vote, defend voters’ right to know who is spending money to influence elections, and work to ensure public trust in our elected officials.

Learn more about CLC. Don't miss out on our latest resources: Subscribe to President Trevor Potter's newsletter on LinkedIn or email, tune in to the latest season of our award-winning podcast, Democracy Decoded, and join our livestreamed events.