Gaspee Project v. Mederos

At a Glance

CLC assisted in the successful defense of a Rhode Island transparency law requiring groups that spend significant amounts of money to influence state elections to disclose their spending and certain contributors to voters.  

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About This Case/Action

In 2019, the Gaspee Project and Illinois Opportunity Project, two nonprofit advocacy organizations that wanted to spend thousands of dollars distributing election-related mailers to Rhode Island voters without identifying themselves or their large contributors to the public, initiated a First Amendment challenge to Rhode Island’s political transparency regime. They challenged three components of Rhode Island law, including requirements that: (1) groups spending $1,000 or more to influence elections — through campaign spending or political ads —disclose donors who gave at least $1,000 and did not expressly prohibit their donation from being used for election-related purposes; (2) groups working to influence Rhode Island elections include disclaimers on advertisements stating who paid for them; and (3) certain organizations making election-related expenditures disclose their top five donors during the previous year on electioneering ads.

Campaign Legal Center (CLC), along with Common Cause Rhode Island and the League of Women Voters of Rhode Island, filed an amicus brief in defense of Rhode Island’s disclosure and disclaimer requirements in the U.S. Court of Appeals for the First Circuit, which rejected the plaintiffs’ constitutional challenge in September 2021.

The plaintiffs sought review of that decision in the U.S. Supreme Court but only with respect to the top-five donor disclaimer provision. CLC served as co-counsel to the state defendants, along with the Rhode Island Office of Attorney General. The Supreme Court ultimately denied the challengers’ petition, letting Rhode Island’s transparency measures stand. 

Plaintiffs

Gaspee Project

Defendant

Mederos

CLC’s Trevor Potter Praises House for Passing the For the People Act

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Washington, D.C. –Last night, the U.S. House of Representatives passed the For the People Act, H.R.1, a critical step toward addressing the most pressing challenges facing our democracy. This is a comprehensive set of reforms that improves access to the ballot, strengthens ethics laws, ends partisan gerrymandering and decreases the influence of wealthy special interests in our political system. These changes are needed to make our democracy work for the American people.

“H.R.1 is a sorely needed legislative solution to address the harmful malfunctions and abuses in our election system, and this landmark bill will make our government more accessible, transparent and responsive,” said Trevor Potter, president of Campaign Legal Center (CLC) and Republican former chairman of the Federal Election Commission (FEC). “Now that the bill has passed in the House, the Senate should embrace these reforms and send the For the People Act to President Biden’s desk for him to sign it into law.”

The For the People Act has broad public support, with more than 68% of likely voters saying they would back the proposal. This bill does not give power to one particular party over the other; it gives power back to the voters by reducing the influence of wealthy special interests, ensuring accurate elections and protecting voting rights. Many of its provisions come from bills introduced in previous sessions of Congress with bipartisan sponsorship.

Many elected officials have pledged to prioritize democracy reform, and they should make good on their promise. Americans deserve to have a government that is accessible, transparent and responsive to the people.

 

Supreme Court Must Uphold Section 2 of Voting Rights Act To Prevent Discrimination in Voting

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Washington D.C. – Today, the U.S. Supreme Court will hear arguments in Brnovich v. DNC, a case which could have profound implications for the future of voting rights in America. The case focuses on the role of Section 2 of the Voting Rights Act (VRA), a federal statute providing protection against racial discrimination in voting. Since the VRA was signed into law in 1965, it has been our country’s best defense against racially discriminatory voting policies, enabling advocates to advance more equitable voting systems that better represent communities of color.

“The Supreme Court should issue a ruling that upholds the Voting Rights Act, our nation’s most effective defense against racially discriminatory voting policies,” said Paul Smith, vice president of Campaign Legal Center (CLC). “Now is not the time to weaken the key provisions of the Voting Rights Act. Instead, we should be working to strengthen protections for communities of color to make sure every voice is heard in our democracy. Far too many people continue to face discriminatory barriers that make voting access needlessly difficult.”

Read CLC's amicus brief.

Our democracy works best when everyone can participate. However, after a record-breaking 160 million Americans voted in the 2020 elections, politicians have pushed back with a rash of legislative proposals introduced across the country attempting to limit access to voting in future elections. Many of these measures – like rollbacks to mail voting or cuts to early voting hours – would disenfranchise communities of color at a disproportionately high rate.

Brnovich began in 2016 when several groups affiliated with the Democratic party, including the Democratic National Committee (DNC), sued the state of Arizona, challenging two state laws that prohibited the counting of ballots cast in the wrong precinct and the collection of absentee ballots by third parties. Voters of color in Arizona are twice as likely to cast an out-of-precinct ballot than white voters. On average, they also tend to use ballot collection services at a higher rate because they have less reliable mail service and live further from ballot drop off centers and post offices. The U.S. Court of Appeals for the Ninth Circuit ultimately concluded that Arizona’s out-of-precinct policy and ballot-collection prohibition violated Section 2 of the VRA. The court found that these laws resulted in a racially disparate impact, particularly on Arizona’s Latino and Native American communities.

While the case deals with Arizona’s laws, the Supreme Court’s ruling will have national implications. Especially over the last decade, there has been a concerted effort to chip away at the VRA. Proponents of Arizona’s laws want to dispense with Section 2 and are using Brnovich as a vehicle to do that – not just in Arizona – but around the country.

Every eligible voter should be able to exercise their right to vote and have their voice heard. The court must affirm its vital role in preserving voting rights by striking down Arizona’s discriminatory laws.

As the House Prepares to Vote on the For the People Act, CLC President Trevor Potter Encourages Congress to Pass This Essential Democracy Reform Legislation

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Washington, D.C. – Today, the U.S. House of Representatives will bring to the House floor the For the People Act, H.R. 1. The bill will help ensure all Americans have the right to vote, strengthen ethics laws, end partisan gerrymandering and decrease the influence of wealthy special interests in our political system. It is the most sweeping democracy reform the U.S. has seen in decades.

H.R. 1 would make our government more open, elections more fair and the ballot box more accessible. It includes provisions that ensure all voters can participate in at least 14 days of early voting, create independent redistricting commissions to draw voting maps, empower the Federal Election Commission (FEC) to enforce campaign finance laws and increase transparency in elections by closing dark money and digital ad transparency loopholes.

Voters want and expect a democracy that’s open to the American people, and this landmark bill will make our government more accessible, transparent and responsive to citizens. At this critical moment for our democracy, the House and Senate should act now to pass the For the People Act, which has broad, bipartisan support from a clear majority of American voters,” said Trevor Potter, president of Campaign Legal Center (CLC), and Republican former chairman of the FEC. 

In February 2021, a Quinnipiac poll showed that 71% of Americans think that democracy in the U.S. is under threat. The reforms proposed in the For the People Act to address this threat earn resounding support from a majority of American voters across the political spectrum. A poll conducted by Data for Progress and Equal Citizens in late January found that 67% of Americans support H.R. 1, with 77% of Democrats, 68% of Independents and 55% of Republicans expressing their approval for the bill’s proposals.

Historically, when the country has confronted challenges to our democracy, Democrats and Republicans in Congress have come together to craft solutions. In 1965, Congress passed the Voting Rights Act with bipartisan support, which was subsequently renewed with broad bipartisan support for decades to come. In the 1970s, following the corruption revealed by the Watergate scandal, Democrats and Republicans worked together to reform campaign finance laws in the Federal Election Campaign Act. Wealthy special interests found loopholes in those laws during the 1980s and 1990s, so Congress responded in 2002 with the Bipartisan Campaign Reform Act. After the 2000 election revealed serious flaws in voting systems and processes, Democrats and Republicans worked together to pass the Help America Vote Act. When the Jack Abramoff corruption scandal exposed flaws in federal lobbying laws, Congress passed the bipartisan Honest Leadership and Open Government Act in 2007.

America’s democracy is once again in need of repair. Elected officials in Congress have repeatedly vowed to pursue reform and have the opportunity today to pass the For The People Act. Now is the time to address the most pressing challenges to our democracy by passing H.R. 1.