TALLAHASSEE, FL – A federal judge today confirmed that any decision he issues in Florida’s rights restoration case, Jones v. DeSantis, would apply to all Floridians who would otherwise be eligible for rights restoration, but for their ability to pay off their fines and fees.

Campaign Legal Center (CLC) represents three individual plaintiffs with past felony convictions in the case, which challenges a Florida law requiring payment of fines and fees as a condition for rights restoration. To ensure that any final ruling in the case would extend to otherwise eligible voters beyond the individual plaintiffs in the case, CLC brought the lawsuit as a class action, and filed a motion for class certification last fall. Judge Robert Hinkle granted the motion today. The case goes to trial on April 27.

“Today’s class certification makes clear that whatever the outcome of the trial, it will apply broadly to hundreds of thousands of voters seeking rights restoration in Florida,” said Danielle Lang, co-director of voting rights and redistricting at CLC. “Roughly 80% of Florida voters whose rights were restored by Amendment 4 have outstanding fines and fees associated with their sentencing. The Florida law conditioning rights restoration on payment of restitution, fines, and fees penalizes citizens who face financial hardship while only re-enfranchising those who can afford to pay. Inability to pay should never be a barrier to the ballot box, and the state must provide a uniform process that gives all Floridians with past felony convictions access to voting, without discriminating on the basis of wealth.”

Judge Hinkle temporarily blocked enforcement of the Florida fines and fees law, and the 11th U.S. Circuit Court of Appeals upheld the district court’s decision.  Both the district court’s order and the 11th Circuit’s opinion make clear that it is Florida’s responsibility to make sure that state and county election officials comply with the constitutional principles articulated by both courts. The state, however, continues to insist that these rulings apply only to the individual Floridians who are participating in this lawsuit. Today’s ruling ensures that practice must come to an end.

CLC and our partners are currently planning to conduct the trial remotely.

Read the stories of our individual clients Diane Sherrill, Lee Hoffman and Bonnie Raysor.

WASHINGTON – On Monday night, the U.S. Supreme Court issued a decision declining to extend the deadline for absentee voting in today’s elections in Wisconsin by six days.

Paul Smith, Vice President of Campaign Legal Center (CLC) released the following statement:

“The chaotic struggle over the Wisconsin primary that broke out yesterday sent a chilling message about ballot access issues in November. States should heed this message and make preparations now to assure that we will not have similar problems with the general election this fall. Every state needs to have a way for citizens to vote by mail if they choose to do so, while also allowing in-person voting spread over a number of days. All of these arrangements need to be clearly explained to voters well in advance of the election. And just as importantly, states need to get ready to deal with a surge of mailed ballots. That is no small task, but there is no alternative.”

Due to rising health concerns, an unprecedented number of Wisconsin voters – recently encouraged by public officials – have turned to voting absentee. This has put a strain on election clerks that need to send out ballots, creating a backlog. News reports indicate tens of thousands of voters will not receive absentee ballots in time to send them back.

NASHVILLE, TN — In a victory for voting rights, Tennessee lawmakers today repealed onerous restrictions previously enacted in a 2019 law that sought to restrict and impose harsh penalties on community voter registration efforts.

Campaign Legal Center, the American Civil Liberties Union, the ACLU of Tennessee, and Fair Elections Center, had challenged the measure in a federal lawsuit filed last year on behalf of organizations that conduct voter registration activities in Tennessee.

Plaintiffs are the League of Women Voters of Tennessee, American Muslim Advisory Council, Mid-South Peace & Justice Center, Memphis Central Labor Council, Rock the Vote, and HeadCount.

The law was passed in the wake of a surge in voter registrations prior to the 2018 midterm election. However, instead of providing necessary resources to help election offices process the influx, state lawmakers instead passed a measure that created criminal and civil penalties against those who were unable to comply with onerous new requirements. The measure threatened to curtail or completely suspend the efforts of key voter registration groups across the state.

Last fall, a federal court blocked the law from taking effect as the case was being litigated, enabling community voter registration groups to continue their efforts. A new bill was subsequently passed — and signed into law today — that stripped out the challenged unconstitutional provisions.

The following are reactions to today’s repeal:

Danielle Lang, co-director, Voting Rights & Redistricting, Campaign Legal Center: “Voter registration drives are crucial means for historically marginalized groups to empower their communities and gain access to the ballot box. We are heartened that Tennessee will now keep the door to civic participation open for organizations doing the critical work of registering their fellow citizens.”

Theresa J. Lee, staff attorney, ACLU's Voting Rights Project:  “The law we challenged was one of the most aggressive attempts ever in the U.S. to restrict voter registration groups. The court ruling blocking the law and the state’s subsequent repeal send a clear message that such draconian restrictions will not stand in Tennessee or elsewhere.”

Michelle Kanter Cohen, senior counsel, Fair Elections Center: “Tennessee tried to shut its doors on community voter registration drives last year, but thanks to the court’s decision and the resulting legislative changes, those doors to voter participation have been reopened. Community voter registration drives serve a critical role in our democracy: these community-based civic engagement efforts are badly needed in Tennessee and cannot be replaced with technology.”

Thomas H. Castelli, legal director, ACLU of Tennessee: “The legislature’s repeal of this law allows groups doing the critical, on-the-ground work to keep our democracy running to continue their vital efforts. Voter registration drives are essential to ensuring that historically disenfranchised groups – including students, people of color, immigrants and senior citizens – can exercise their right to vote. We are pleased that our lawsuit succeeded in restoring voter registration and expanding access to the ballot box in Tennessee.”

The law firm of Sherrard, Roe, Voigt, Harbison was co-counsel on the case.