Combating Arbitrary Changes to the Rights Restoration Process in Tennessee (Falls v. Goins II)

At a Glance

Campaign Legal Center (CLC) is representing Ernest Falls in a lawsuit seeking to compel Tennessee’s Coordinator of Elections to recognize that his right to vote has been restored and to notify his county election officials of this restoration. Mr. Falls has taken the necessary steps to restore his freedom to vote in Tennessee.  

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About This Case/Action

Ernest Falls is a U.S. citizen and Tennessee resident who wishes to exercise his freedom to vote by registering and voting. In 1986, Mr. Falls was convicted of a single felony in Virginia state court, but he has long since served his sentence.  

Since moving to Tennessee six years ago, Mr. Falls has navigated a complex and shifting obstacle course in order to restore his freedom to vote. To date, Mr. Falls has been unable to restore that right despite years of effort, litigation and compliance with ever-changing requirements imposed by the Tennessee Division of Elections, led by the Coordinator of Elections, Mark Goins. Each time Mr. Falls complies with Coordinator Goins’ new and changing requirements, the goalposts move again, keeping Mr. Falls’ right to vote out of reach.  

Mr. Falls’ experience highlights the unfairness and absurdity of Tennessee’s felony disenfranchisement process. Nearly half a million Tennesseans with past felony convictions must follow Tennessee’s process for rights restoration to be able to vote again. Election officials can – and do – change the rules frequently and apply the rules differently to different people, and they seem to operate with no checks or oversight on their power. Mr. Falls’ experience shows that there is no justification for these arbitrary rule changes other than voter suppression.

Mr. Falls has met the requirements for voting rights restoration in Tennessee. He now simply seeks for Coordinator Goins to notify local election officials that his voting rights have been restored, as is required under state law. On December 23, 2024, Mr. Falls filed this lawsuit to compel Coordinator Goins to fulfill this requirement so that Mr. Falls can finally exercise his constitutional right to vote in Tennessee.

CLC filed this lawsuit in partnership with Free Hearts and Sherrard Roe Voigt & Harbison, PLC.

CLC has also challenged Tennessee's unequal, inaccessible, opaque and inaccurate voting rights restoration process in a federal lawsuit brought in 2020. 

Campaign Legal Center Releases New Report on the FEC’s Deregulatory Trend

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WASHINGTON, D.C. — Campaign Legal Center (CLC) has released a new report, “From Dysfunctional To Destructive: The Federal Election Commission’s Disastrous New Trend Opening the Floodgates to Big Money in Our Elections.” This research highlights the recent trend of FEC commissioners moving to roll back long-held regulations for political spending, which undermines the agency’s mission. CLC’s report proposes solutions to fix the agency. 

For over a decade, the FEC routinely failed to fully uphold its mission because the agency’s six commissioners regularly split along partisan lines, deadlocking 3-3 on decisions and failing to move forward with any measure of meaningful enforcement. 

But over the past two years, a new worrying trend has emerged. Four commissioners have joined together to vote in favor of 30 deregulatory decisions that reverse longstanding rules aimed at preventing violations like unlawful coordination between special interest groups and candidates, soft money being used in federal elections and secret spending that obscures the true sources of political contributions. 

Since 2022, four FEC commissioners have systematically colluded to help wealthy special interests buy elections,” says Adav Noti, executive director of CLC. “Their pro-corruption decisions are antithetical to the FEC’s mission, which is to enforce laws that guarantee voters’ rights to fair and transparent elections. These commissioners need to be replaced as soon as their terms expire, and Congress must overhaul the FEC to ensure it can never again be captured by the willing agents of big money.” 

The 2024 election cycle, which occurred just weeks before the 15th anniversary of the Supreme Court’s consequential Citizens United decision, was characterized by record-breaking political spending by some of the wealthiest individuals seeking to openly and directly influence policymaking. The FEC’s deregulatory stance not only fostered an environment for 2024 candidates to take almost immediate advantage of these changes, but risks jeopardizing accountability and transparency around political expenditures. 

To reverse this troublesome trajectory, CLC proposes solutions in its report aimed at fixing the agency. This month, Sean Cooksey announced his plans to resign as FEC commissioner, which could be an opportunity for reforming the selection process. A nonpartisan federal advisory panel of campaign finance experts could be created to recommend future FEC commissioners. The FEC’s nonpartisan Office of the General Counsel could also be granted the autonomy to investigate potential violations of federal campaign finance law. These solutions would not only help to fix the FEC but also ensure that our nation’s campaign finance system remains robust and keeps voters informed on money in politics. 

Read CLC’s New Report on the FEC

President Trump’s Pardon of the January 6 Attackers Is an Abuse of His Power

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Washington, DC — On Monday, President Trump pardoned Jan. 6 insurrectionists. Adav Noti, executive director of Campaign Legal Center, issued the following statement:

“President Trump’s pardon of the January 6 attackers is an abuse of his power. Pardoning loyalists for political violence is the action of an autocrat serving his own ends, and blocking the criminal legal process prevents justice from being served. Anyone involved in trying to overrule the will of voters in future elections must face consequences that are severe enough to fully vindicate the rule of law.”

Supreme Court Upholds Fair Map for Native Voters in North Dakota

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Washington, DC — In a victory for Native voters in North Dakota, the U.S. Supreme Court has rejected a challenge to overturn a district map, leaving in place a previous ruling that helps ensure North Dakota’s Native voters can make their voices heard and elect leaders who will best serve their communities. Campaign Legal Center (CLC), Native American Rights Fund (NARF) and the Law Office of Bryan Sells represented the Mandan, Hidatsa and Arikara Nation (MHA Nation) and individual voters in this case. 

“Today’s decision is a win for democracy,” said Bruce Spiva, senior vice president at Campaign Legal Center. “The MHA Nation and other Tribal Nations in North Dakota have overcome countless obstacles to have an equal voice and ensure that our democracy is accountable and inclusive. We applaud the Court’s ruling and celebrate the continued steps forward for Native American voting rights in North Dakota.”

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