Davis v. Benson

Judge faults state for ‘outright disenfranchisement’ of qualified voters

BISMARCK, ND – Today, a federal court temporarily suspended North Dakota’s enforcement of a law that resulted in the rejection of mail-in ballots using an error-prone signature match process, in which election workers compare the signature on voters’ absentee ballot application to the one on their return envelope. The opinion called North Dakota’s system “outright disenfranchisement” of qualified voters, chiding the state for giving voters no notice or any opportunity to respond if election officials reject their ballots for a perceived signature discrepancy. Election officials receive no training in signature comparison. Due to the COVID-19 pandemic, North Dakota’s June 9 primary will be an exclusively vote by mail election.

Campaign Legal Center (CLC) is representing Self Advocacy Solutions, the League of Women Voters North Dakota, and Maria Fallon Romo, who has multiple sclerosis, which causes difficulties with her handwriting. Mrs. Romo had her ballot rejected due to a mismatched signature. The court ordered the parties to submit to the court proposed procedures to be implemented by county auditor no later than June 5.

“All eligible voters should be able to have confidence that when they participate in an election, their vote will be counted,” said Mark Gaber, director, trial litigation at Campaign Legal Center (CLC). “This is a win for voters who spoke out and said they should not be subjected to a handwriting test. Given the disproportionate impact of signature match policies on voters with disabilities, states must give everyone an opportunity to prove that they cast their ballot with proper notice so their votes count.”

"The state's signature match policy disproportionately impacted the disability community, which can struggle to produce consistent signatures," said AJ Marx, president of Self Advocacy Solutions, ND. "We are proud of this win for our community; we will now be able to advocate for ourselves in elections without fear of having our ballots rejected for no good reason."

“This was the common-sense decision to protect voters’ constitutional rights,” said Jan Lynch, president of the League of Women Voters of North Dakota. “Reliable mail voting is essential during the ongoing pandemic, especially for individuals at higher risk of severe illness. With the assurance of a notification and remedy method, North Dakota voters can now cast their ballots with confidence.” 

36 states have some form of signature match requirements on the books. They vary dramatically in the generosity of the scope of voters’ ability to fix the problem if they are flagged for a mismatch. Some states provide immediate notice to voters if their ballot is rejected and allow voters to fix it for up to 21 days after the election. Other states, like North Dakota, do not notify voters at all.

Washington D.C.--Today, Campaign Legal Center (CLC) filed a notice of appeal regarding the District of Columbia District Court’s dismissal of a CLC lawsuit challenging the Federal Election Commission's (FEC) delay in resolving CLC’s 2016 complaint alleging that private prison contractor GEO Group illegally donated over $225,000 to a pro-Trump super PAC through a subsidiary. The court erroneously held that CLC did not have legal standing to challenge the FEC's delay.

Meanwhile, CLC's 2016 complaint remains pending before the FEC, and in the absence of FEC action, GEO has continued to illegally buy influence with illegal six-figure contributions to super PACs.

Government contractors are not permitted to contribute to federal elections, a ban that has existed for over 75 years to avoid pay-to-play in the contracting process. Public officials are supposed to make contracting decisions based on what is best for the public, not based on who spent the most money getting them elected. GEO’s illegal donations have the appearance of a pay-to-play: since Trump was elected with GEO’s backing, the company has reaped enormous political and financial benefits, including a $110 million taxpayer-funded contract. Last year, GEO group secured two new contracts with Immigration and Customs Enforcement, projected to increase their revenue by over $200 million.

According to CLC Trial Litigation Director Mark Gaber:

"Congress expressly gave complainants the right to sue the FEC if the agency unreasonably delays action on a complaint. The court's decision unreasonably rendered that provision meaningless for watchdog organizations like CLC, which is why we’ve appealed. GEO group’s continued political donations demonstrate the need for FEC enforcement to ensure that public policy is written with the public’s interest in mind, not to fatten the balance sheets of corporate donors.”

 CLC Federal Reform Director Brendan Fischer continued:

"Nearly four years after we filed our complaint alleging that GEO illegally gave six figures to a pro-Trump super PAC, the FEC still has not enforced the law, and at least for now, courts won't force the agency to do so. 

Meanwhile, as the FEC sits on our complaint, GEO continues to make unlawful contributions through subsidiaries, giving an additional $1.15 million to super PACs since 2017. The failure of the FEC to enforce the law has allowed wealthy special interests like GEO Group to reap the rewards of a rigged political system."