NASHVILLE, TN — In a victory for voting rights, Tennessee lawmakers today repealed onerous restrictions previously enacted in a 2019 law that sought to restrict and impose harsh penalties on community voter registration efforts.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

ATLANTA, GA – In a victory for Florida voters, an appeals court decision that temporarily blocked Florida’s fines and fees law will stand. The 11th U.S. Circuit Court of Appeals denied the state’s motion for a rehearing of the case before a full panel of judges. No judges requested that the case be re-heard.

The appeals court decision applies to the individual clients in the case, but the court’s opinion makes clear that states cannot deny citizens the right to vote based on ability to pay fines and fees.

Danielle Lang, co-director of voting rights and redistricting at CLC, released the following statement:

“It is now established law in the 11th U.S. Circuit Court of Appeals that states cannot discriminate against voters on the basis of wealth. Inability to pay should never be a barrier to the ballot box. It remains the state’s responsibility to comply with court orders and provide a uniform process that gives all Floridians with past felony convictions access to voting, without discriminating on the basis of wealth.”

Campaign Legal Center (CLC) represents three individual plaintiffs with past felony convictions in the case, Jones v. DeSantis, which challenges a Florida law requiring payment of fines and fees as a condition for rights restoration.

The case goes to trial on April 27. 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, DC – Today, the U.S. Supreme Court declined to hear arguments in Elster v. City of Seattle, a challenge to Seattle’s Democracy Voucher Program, which was approved by over 60% of city voters in 2015. The program – which went into effect in 2017 – offers any eligible adult city resident who is a U.S. citizen four $25 “democracy vouchers” to give to qualified candidates of their choosing. The denial of review leaves in place a November 2017 decision by the Washington Superior Court that dismissed the challenge, upholding the city’s public financing program.

“The U.S. Supreme Court was right to leave in place a decision that prioritizes the First Amendment rights of Seattle residents, allowing the city’s public financing system to stand,” said Paul Smith, vice president at Campaign Legal Center (CLC). “Seattle’s innovative program loosens the stranglehold that large donors have had over the terms of political debate by giving a more diverse pool of people an opportunity to have their voices heard in politics. Our victory in this case protects campaign finance reform efforts around the country and helps uphold the constitutional principle of self-governance. Five years ago, Seattle citizens sent a clear message at the polls: a citizen’s lack of wealth should not exclude them from participation in the process by which candidates fund campaigns to run for public office. It is nice to see the misguided challenge to that decision come to an end."

Available data from Seattle show that the democracy voucher program has already spurred impressive levels of local engagement. According to the University of Washington’s Center for Studies in Demography and Ecology, a total of 20,727 Seattle residents used their vouchers to contribute to local candidates in 2017. In addition to increasing the absolute number of city residents who contributed, Seattle’s voucher program attracted a more diverse makeup of donors to local campaigns. Compared to individuals giving a private cash contribution in Seattle’s 2017 election, voucher users were more likely to be low-to-middle income and to reside in the city’s poorest neighborhoods. Further, the population of voucher donors contained a higher share of minority groups and residents under the age of 30 than the cash contributor pool. CLC and Common Cause filed a friend-of-the-court brief on Sept. 20, 2017 in support of the city’s public financing system.