Ensuring Military and Overseas Voters Can Make Their Voice Heard This Election

At a Glance

Partisan actors in North Carolina and Pennsylvania filed lawsuits challenging military and overseas voters’ eligibility to vote in the 2024 election. Campaign Legal Center filed two “friend of the court” briefs on behalf of nonprofits that protect military members and their families’ freedom to vote.  

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About This Case/Action

Military and overseas voters already face more barriers than the average American in exercising their freedom to vote. For example, they must request an absentee ballot because they can’t vote in person, they don’t have the benefit of drop boxes, and living abroad can mean mail times are less reliable.

The Uniformed And Overseas Citizens Absentee Voting Act (UOCAVA) is a federal law that recognizes the unique challenges military and overseas voters face, and specifically protects their freedom to vote by guaranteeing that Americans who are living or serving their country abroad can vote from their home state in federal elections.

Recently, partisan actors filed lawsuits in North Carolina and Pennsylvania challenging state laws that expand on UOCAVA to further protect the freedom to vote for military and overseas voters, including their spouses, children, and other dependents.

These lawsuits, filed on the eve of the 2024 Election, directly threaten military and overseas voters’ freedom to vote by weakening the protections offered to them by their home state under both federal and state law. In addition, these lawsuits instill uncertainty among overseas and military voters about whether they can register and vote and, if they do, whether their vote will count.  

Campaign Legal Center (CLC), on behalf of Secure Families Initiative (SFI) and, in North Carolina, Count Every Hero, filed two “friend of the court” briefs arguing that these lawsuits should be dismissed.  

Brave service members, their families and other Americans abroad should have the same opportunity to vote as every other American. CLC, SFI and Count Every Hero filed suit to defend laws that protect the freedom to vote for Americans living and serving abroad. We urge the courts to take swift action in both of these cases so military and overseas voters can make their voice heard this November. 

Victory! Virginia Voter Purges Put to a Stop Ahead of the 2024 Election

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Alexandria, VA — Today, Campaign Legal Center, the Virginia Coalition of Immigrants Rights (VACIR), the League of Women Voters of Virginia (LWVVA) and African Communities Together (ACT) successfully defended naturalized Americans who were unfairly targeted in Virginia’s illegal and last-minute purge program. 


A judge just ruled to temporarily halt the program and put voters back on the rolls. The plaintiffs are represented by Campaign Legal Center (CLC), Protect Democracy Project, Lawyers’ Committee for Civil Rights Under Law, and Advancement Project.


“Every American citizen, regardless of where they were born, has the freedom to vote. Virginia broke the law by conducting a last-minute purge that targeted naturalized citizens. We’re glad the court acted so every Virginian can make their voice heard in this upcoming election,” said Paul Smith, senior vice president of Campaign Legal Center


“This is a major victory for our community! Today, naturalized citizens, including the over 85,000 registered African voters in Virginia have had their voices heard,” said Gigi Traore, National Civic Engagement Director at African Communities Together. “The ruling returns access to the ballot box back to voters, allowing them to exercise their fundamental right to vote.”

"Today's court decision affirms that newly naturalized citizens have the same rights as every other voter,” said Joan Porte, president of the League of Women Voters of Virginia. “Purging newly naturalized Virginians is an attack on our democracy. We are proud this ruling protects Virginia voters and ensures their voices are protected and heard"


"Last-minute voter purges not only violate the law but also undermine the core principles of our democracy, especially when they are premised on xenophobic lies," said Celina Stewart, CEO of the League of Women Voters of the United States. "We are pleased with the court's decision today to protect naturalized Americans and ensure that they are fully represented in the electoral process."

Background:  
The National Voter Registration Act (NVRA) bans voter purges (the systematic removal of voters) within 90 days of an election. This period is referred to as a “quiet period.” On the very first day of the quiet period, Virginia Governor Youngkin directed the Department of Elections (ELECT) to identify and purge voters on a systematic and ongoing basis.   

 
There are already strict laws in place that ensure only U.S. citizens can vote in federal elections. Last minute voter purges that occur within 30 days of election day, when early voting is already underway, inevitably deny qualified Americans their freedom to vote.   
When Congress passed the NVRA in 1993, it ensured that states can’t conduct last-minute illegal voter purges, and Virginia clearly violated that law.  


CLC filed suit earlier this month on behalf of VACIR, LWVVA and ACT alongside Protect Democracy Project, Lawyers’ Committee for Civil Rights Under Law and Advancement Project to challenge the state’s policy of illegally and systematically removing voters from the rolls only one month before the upcoming election.

NEW: Campaign Legal Center files IRS complaint against True the Vote over the nonprofit’s illegal political activities

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WASHINGTON, D.C. — Today, Campaign Legal Center (CLC) filed a complaint with the Internal Revenue Service (IRS) against True the Vote, a 501(c)(3) nonprofit organization, for allegedly providing illegal in-kind contributions to the Georgia Republican Party during the 2021 U.S. Senate runoff elections. 

In December 2020, True the Vote announced that it had received a request from the Georgia Republican Party to provide signature verification training, a 24x7 vote hotline, ballot-curing support, and more in connection with the Senate runoff election process. The press release announcing this partnership quoted the Georgia GOP Chairman noting that the party was “grateful” for True the Vote’s help. Days after announcing its partnership with the Georgia GOP, True the Vote challenged the eligibility of more than 360,000 Georgia voters. 

In doing so, True the Vote appears to have violated Internal Revenue Code Section 501(c)(3)’s prohibition against intervening or participating in a political campaign by making in-kind contributions to the Georgia Republican Party to influence the 2021 U.S. Senate runoff elections in Georgia. 

The actions of True the Vote during the 2021 Senate runoff in Georgia represented an aggressive disregard for the laws intended to protect the integrity of our elections and keep voters informed about who is spending money to influence their ability to vote.says Erin Chlopak, senior director for campaign finance at Campaign Legal Center. True the Vote exacerbated this harm to voters and our election process by abusing its status as a 501(c)(3) charitable organization. 501(c)(3) groups like True the Vote are subsidized by U.S. taxpayers for their charitable work and are thus barred by law from engaging in partisan political activities. The IRS must not delay in investigating.” 

Nonprofit 501(c)(3) organizations receive subsidies from taxpayers to engage in charitable work aimed at advancing their respective missions. They are not vehicles for wealthy special interests to engage in partisan political activities aimed at influencing our elections. Those who violate these laws risk fines or having their 501(c)(3) status revoked altogether. The IRS must investigate the activities of True the Vote. 

Campaign Legal Conversations: Countdown to Election Day Q&A

With Election Day fast approaching, we know you have questions. Thankfully, the nonpartisan Campaign Legal Center’s experts have the answers you need to navigate the home stretch of the 2024 election season.

Back by popular demand, CLC hosted another preelection virtual discussion one week out from Election Day. If you're curious about the threats we're monitoring, what legal actions we’re pursuing or just want to know more about what to expect on Election Day (and beyond), watch the event recording below.

Campaign Legal Center Responds to Elon Musk's $1 Million 'Giveaway'

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In response to Elon Musk's announcement that he will be giving away $1 million each day to registered voters in key battleground states, Adav Noti — the nonpartisan Campaign Legal Center's executive director — issued the following statement:

"Elon Musk’s behavior is just the latest — and most egregious — example of wealthy special interests distorting our political process at the expense of everyday voters. It is extremely problematic that the world’s richest man can throw his money around in an attempt to directly influence the outcome of this election. This is not how our democracy should work. 

It is illegal to buy votes, it is illegal to buy voter registration, and the Department of Justice has the power to enforce these important laws through civil or criminal action."