Campaign Legal Center Remembers Justice Ruth Bader Ginsburg, a Fighter for Equality

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Paul Smith, vice president, litigation and strategy at Campaign Legal Center (CLC), released the following statement:

“We are saddened by the loss of Justice Ruth Bader Ginsburg, an inspirational figure who rose to the top of the legal profession with strong convictions and unwavering determination. Ginsburg’s enduring legacy is that she was a trailblazer who stood up for equality in all its forms. She upheld our democracy and its ideals, repeatedly standing with voters seeking to exercise their rights and litigants seeking to remove discriminatory barriers standing in their way.

Ginsburg’s passing comes at a critical moment when American democracy is at risk from actors who seek to undermine the legitimacy of elections and use the legal system to disenfranchise voters. Without Ginsburg’s steady presence on the court, voting rights advocates will have to work twice as hard to protect elections and ensure they are free and fair. We will do so in her memory.

Ginsburg was so passionate about her job that every detail mattered. I remember arguing a case after she joined the court in the 1990s and being scolded by her for misunderstanding a fine point of civil procedure. But then, just a few years later, she showed her kindness when I got the chance to argue the landmark gay rights case, Lawrence v. Texas. I’ll never forget how she helped with a softball question when she thought I needed to be rescued from cross-examination by her good friend, but ideological opposite, Justice Antonin Scalia. Her friendship with Scalia said a lot about her character and about relationships in the legal profession more generally: you don’t always have to agree to get along.”

Postmaster General Louis Dejoy Violated Straw Donor Ban With Contributions To Trump and Other Politicians, Says CLC Complaint

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WASHINGTON, D.C.—Today, Campaign Legal Center (CLC) filed a complaint with the Federal Election Commission (FEC) against U.S. Postmaster General Louis DeJoy and his former company XPO Logistics for alleged straw donations that continued through 2018.

CLC uncovered several instances between 2015 and 2018 where XPO employees and DeJoy family members contributed to the same candidate or committee--including over $50,000 to Trump Victory, President Trump’s joint fundraising committee--during the same period of time, and often in similar amounts. In June, DeJoy hired three of the XPO employees who made such contributions to high-ranking positions at the United States Postal Service (USPS).

The Washington Post reported that, through 2014, former employees at DeJoy’s company New Breed Logistics received bonuses as reimbursement for their political contributions. CLC’s complaint alleges that the patterns of giving continued through 2018, after XPO Logistics acquired New Breed in 2014 and during the period that DeJoy was CEO and a board member.

This violates federal campaign finance law and denies the public the knowledge of the true sources of the funds, since DeJoy was obscuring the source of more than $1 million in campaign contributions. The straw donor scheme appears to have been carried out through donations made in the names of his employees and family members.

“DeJoy’s reimbursement scheme disguised the true source of potentially hundreds of thousands of dollars in contributions, and appears to have continued through 2018. DeJoy is legally permitted to make contributions, as long as he does so in his own name, using his own money, and within legal contribution limits—but that does not appear to have happened,” said Brendan Fischer, director, federal reform at CLC. “Straw donations, where a donor routes campaign contributions through another person, are prohibited because they are a means of evading the law’s transparency requirements and contribution limits. The FEC needs to crack down on violations like this to protect the right of voters to know who is giving money to influence their vote and our government.”

Read the full complaint.

Katherine Gehl Calls for More Choice for Voters at CLC Book Event

Campaign Legal Center (CLC) hosted “Virtual Book Event: CLC's Trevor Potter with Katherine Gehl” on Katherine Gehl’s new book “The Politics Industry: How Political Innovation Can Break Partisan Gridlock and Save Our Democracy.”

In the book, Gehl, a business leader, explains how introducing more competition into politics could address America’s political problems.

During the event Trevor Potter, CLC’s president, asked Gehl to share more details on the book’s assertion that the current two-party system hurts our country’s democracy.

Pennsylvania Can No Longer Reject Ballots Solely Based on Signature Issues

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HARRISBURG, PA – In response to a lawsuit brought by Campaign Legal Center (CLC) challenging the state’s election procedures, Pennsylvania Secretary of State Kathy Boockvar issued guidance to establish uniform processes across counties for counting mail-in ballots. This resolves the case which CLC brought on behalf of the League of Women Voters of Pennsylvania, the Urban League of Greater Pittsburgh, and two individual clients, with Morgan, Lewis & Bockius LLP serving as co-counsel. The plaintiffs have filed a notice of dismissal this afternoon, ending the litigation.

For the 2020 General Election this fall and in future elections, County Boards of Elections can no longer reject a ballot solely on the basis of an election official’s belief that a signature does not match the signature in the voter’s file.

“As a result of this case, Pennsylvania voters can cast their vote without fear that their ballot could be rejected solely because an election official – who isn’t trained in handwriting analysis – thinks their signatures don’t match. Voting should not be a penmanship test,“ said Mark Gaber, director, trial litigation at Campaign Legal Center (CLC).

“We at the Urban League of Greater Pittsburgh are encouraged by the outcome, which will better protect our members, clients and all Pennsylvania voters' ability to vote by mail without unjustifiable interference by election officials,” said Esther Bush, president and CEO of the Urban League of Greater Pittsburgh. “This is a significant step in what the Urban League considers to be the right direction on our journey toward removing all barriers to civil rights and economic parity.”

“The League of Women Voters is pleased with the outcome of our case. Now Pennsylvania voters can cast their ballots confidently, knowing they won’t be rejected because of a signature match issue,” said Terrie Griffin, co-president of the League of Women Voters of Pennsylvania. “The case for voters is strong, and we are cheered that this move represents true progress in voting rights for Pennsylvanians.”

In 2019, Pennsylvania passed Act 77 and joined more than 30 other states in allowing no-excuse absentee voting. The passage of Act 77, combined with the ongoing COVID-19 pandemic, resulted in nearly 1.5 million voters cast their ballot by mail during the June 2020 presidential primary, a dramatic increase compared to previous cycles.

The dramatic increase in absentee voting, however, also meant that more voters would be at risk from the inconsistent application of signature-verification policies across the Commonwealth. Signature variance – and risk of disenfranchisement – is more prevalent among certain populations of voters, including those with disabilities, those with less formal levels of education, elderly and young voters, and voters for whom English is a second language. As a result of the newly-issued guidance, no voter will be at risk of having their voter rejected due to a perceived signature mismatch.

Learn more about the case.