NASHVILLE, Ten. - A federal court today blocked a Tennessee law that sought to undermine voter registration in the state. Campaign Legal Center, the American Civil Liberties Union, ACLU of Tennessee, and Fair Elections Center challenged the law, which had imposed substantial penalties on groups that foster political participation via voter registration efforts. The case was filed on behalf of the League of Women Voters of Tennessee, American Muslim Advisory Council, Mid-South Peace & Justice Center, Rock the Vote, Memphis Central Labor Council, and Headcount.

Tennessee ranks 44th in voter registration, but during the 2018 midterm election the state saw a surge in registrations. Instead of providing greater resources to help election offices process the influx, the Tennessee General Assembly passed a measure that creates criminal and civil penalties against those who fail to comply with onerous requirements and turn in “incomplete” applications.
 
The court granted a preliminary injunction today.

The following reactions are from:

Danielle Lang, co-director, Voting Rights and Redistricting, Campaign Legal Center: “The court was right today to stop Tennessee’s punitive law in its tracks. This law punished civic organizations for seeking to help register voters, particularly those in underserved communities. As the court recognized, it struck at the heart of free speech rights and imposed needless and burdensome regulations. Now groups working to help people register to vote can continue their activities, as we continue working to ensure that the threat of criminal penalties from the government is eliminated permanently by a final decision in this case. Voter registration drives for years have been a way for historically marginalized groups to empower their communities and gain access to the ballot box, and we are pleased that this tradition will be allowed to continue.”

Theresa Lee, staff attorney, ACLU’s Voting Rights Project: “By allowing civic organizations to continue their critical work helping people register to vote, this ruling derails a law that sought to undercut democracy.”

Hedy Weinberg, executive director, ACLU of Tennessee: “Today’s ruling indicates that the court understands the dangerous burdens this law places on organizations simply trying to ensure that as many eligible voters can participate in the democratic process as possible. This decision allows our clients to continue their important work of registering voters — including those who have been historically disenfranchised — this election season. We look forward to the day when this unconstitutional law can be struck down for good.”

Michelle Kanter Cohen, counsel, Fair Elections Center: “This is a significant victory for our clients, and other organizations like them, who help make voting and participation accessible to all citizens. The court’s ruling recognizes the critical role of these efforts in our democracy. Because the court stopped these restrictions from going into effect, the door to participation will remain open to community-based civic engagement efforts to engage fellow citizens, which are so badly needed in Tennessee.”

The lawsuit, League of Women Voters of Tennessee v. Hargett, was filed in U.S. District Court for the Middle District of Tennessee. Co-counsel also includes Sherrard, Roe, Voigt & Harbison PLC.

NASHVILLE, Ten. – Today, Judge Aleta A. Trauger for the U.S. District Court for the Middle District of Tennessee, issued a decision denying the State of Tennessee’s request to dismiss a legal challenge to a new state law that would restrict and penalize voter registration efforts. The law, which is scheduled to go into effect on October 1, would impose substantial penalties on groups that foster political participation through voter registration efforts.

The legal challenge to the law, which will now proceed, was filed by Campaign Legal Center (CLC), the American Civil Liberties Union Foundation, the ACLU Foundation of Tennessee, Fair Elections Center and the law firm of Sherrard Roe Voigt & Harbison on behalf of League of Women Voters of Tennessee, American Muslim Advisory Council, Mid-South Peace and Justice Center, Memphis Central Labor Council, HeadCount, and Rock the Vote. These civic organizations have actively engaged in voter registration and mobilization in Tennessee in the past and intend to continue doing so – assuming they can still do so with this law on the books.

Judge Trauger noted in her decision that “in the American system of governance, every decision to grant, preserve, or take away a right can be traced back to an election. A change in the composition of the electorate can lead to the change of any law.” She pointed specifically to the continued challenges faced by the state’s voters, as the number of registered voters in Tennessee still lags behind the number of qualified voters. According to the U.S. Census Bureau’s Current Population Survey, there were, as of November 2018, approximately 4,872,000 voting-aged citizens in Tennessee, but only about 3,183,000 registered voters. Data from the U.S. Election Assistance Commission ranked Tennessee 44th out of all U.S. states and the District of Columbia in the percentage of its citizen population that was registered to vote.

A motion asking the court to delay the law’s implementation while the case is resolved was filed on August 30th.

The following statements are from:

Danielle Lang, Co-Director, Voting Rights and Redistricting, Campaign Legal Center: “Tennessee’s law has created the country’s most aggressive penalties for voter registration drives. Now the court will have the opportunity to issue a ruling that prevents the state from unlawfully chilling the efforts of organizations working to get people registered to vote. Voter registration drives for years have been a way for historically marginalized groups to empower their communities and gain access to the ballot box. With today’s decision, we are optimistic about our ability to protect that tradition against government threats of fines and jail time.”

Theresa J. Lee, Staff Attorney, ACLU Voting Rights Project:  “Recognizing the severe burdens identified by our clients, the court rightly rejected the state’s attempt to dismiss this case. Tennessee cannot duck its responsibility. It must ensure access to voter registration for eligible voters and increase political participation across the state."

Michelle Kanter Cohen, Counsel, Fair Elections Center: “Our clients, and other organizations like them, help make voting and participation accessible to all citizens.  In allowing this case to move forward, the court’s ruling recognizes the critical role of these efforts in our democracy.”

Learn more about the case.

CLC is serving as co-counsel with Voters Not Politicians

GRAND RAPIDS, MICH. – A federal district court today has granted Campaign Legal Center (CLC)’s motion to intervene in two lawsuits over the state’s newly enacted Citizens Independent Redistricting Commission. CLC and Michigan law firm Fraser Trebilcock are representing Voters Not Politicians (VNP), a citizen-led, volunteer organization that collected over 425,000 signatures from voters in just 110 days. The constitutional amendment to create a voter-led commission – designed to establish a new level of transparency in the state’s future redistricting process – passed with 61% of the vote in the November 2018 election and was enshrined in Michigan’s constitution on Dec. 22, 2018. VNP now seeks to preserve that victory.

“Michigan voters in 2018 said loud and clear that they want a say in the way their district lines are drawn,” said Paul Smith, vice president at CLC. “We are proud to join Voters Not Politicians in the fight to protect Michigan’s democratically-enacted Independent Citizens Redistricting Commission, a reform that will take the political incentives out of the redistricting process. There is unprecedented energy across America behind the movement to take back redistricting power so that voters are choosing their elected officials and not vice versa. When citizens have a chance to take democracy into their own hands, they have consistently supported measures to end partisan gerrymandering.”

The first lawsuit, Daunt v. Benson, was filed by 15 plaintiffs on July 30, 2019. Backed by the Fair Lines America Foundation, a nonprofit with ties to the National Republican Redistricting Trust, the plaintiffs are challenging the constitutionality of the provisions that disqualify partisan candidates, political party leaders, paid political consultants, employees of the legislature, lobbyists, certain political appointees and immediate family members of the people listed above from serving on the commission.

A new legal challenge, Michigan Republican Party v. Benson, was filed on Aug. 22, 2019. It argues that various provisions of the amendment interfere with the party’s freedom of association and other constitutional rights because they are not able to select the commissioners who represent their party.

Both lawsuits claim that the amendment violates the First and Fourteenth Amendment. They have been assigned to the same judge in the U.S. District Court for the Western District of Michigan.

"We are proud to welcome national redistricting experts Paul Smith and the Campaign Legal Center to our team. Since its founding, the Campaign Legal Center has been part of every landmark democracy case," said Nancy Wang, executive director of Voters Not Politicians. "With the federal courts unwilling to rein in extreme partisan gerrymandering, attacks against voter-led redistricting reforms like ours in Michigan will be the next critical battleground. With Paul Smith and the Campaign Legal Center on board to complement our Michigan counsel, I have no doubt we will prevail and the will of the people will be upheld."

If the commission is upheld in court, an independent body of 13 members – with four Republicans, four Democrats and five voters who do not identify with either party – will decide how the state legislative and Congressional districts will be drawn for use starting in the 2022 elections, a task previously handled by the Michigan legislature and enacted by the governor.

In its decision on June 27, 2019, the U.S. Supreme Court failed to set a standard for partisan gerrymandering and ruled that it is up to the states to decide how they will redistrict. The Michigan amendment passed by VNP was mentioned as an example of how citizens can successfully take control of drawing election maps. A poll released earlier this year shows that at least 60% of Democrats, Republicans and Independents support the creation of independent commissions. VIDEO: Learn more about independent commissions.

FEC is only government agency dedicated to overseeing the integrity of our political campaigns

WASHINGTON – Matthew Petersen, the vice chairman of the Federal Election Commission (FEC), submitted a letter of resignation today to take affect this week; his departure will leave the agency with three vacancies and only three sitting commissioners, all serving on expired terms. The agency is prohibited by law from taking any official enforcement or regulatory action without a quorum of at least four commissioners. The FEC is the only government agency dedicated to overseeing the integrity of political campaigns, but the often-overlooked agency has been increasingly stymied in recent years by three-three or two-two deadlocks caused by commissioners who are ideologically opposed to enforcement of campaign finance laws.

Trevor Potter, president of Campaign Legal Center (CLC) and a former Republican Chairman of the FEC, released the following statement:

“President Trump and the U.S. Senate should treat this resignation as an emergency and agree on the nomination and confirmation of a new slate of FEC commissioners who are qualified for the job and committed to enforcing our nation’s election laws. Without a functioning election watchdog, the vulnerabilities in U.S. elections that were exposed in 2016 by Russia will be exploited to greater effect by foreign and domestic actors in the 2020 election and beyond. The public’s right to fair and transparent elections is at stake. In the 2020 election, political spending is expected to reach nearly $10 billion. With the campaign season in full swing, there is no time to waste in securing our democracy. Russia exploited a weak FEC to covertly meddle in U.S. elections through digital ads and the FEC has a pending rulemaking to tighten disclosure requirements. If President Trump and the U.S. Senate commit to restoring the FEC, we could properly police foreign interference in elections, prevent illegal coordination between candidates and super PACs, stop government contractors from attempting to buy contracts with campaign donations, and much more.”

Between 1999 and 2008, the FEC issued $33.6 million in fines (adjusted for inflation) for campaign finance violations. But over the next ten years, 2009 to 2018, the amount of fines dropped to just $11.4 million, even as more money has been spent in each election cycle.