New York Immigration Coalition v. Rensselaer County Board of Elections

At a Glance

New York Immigration Coalition and partners are suing the Rensselaer County Board of Elections and several Rensselaer County officials over the County’s plan to improperly divulge voter registration information gathered by the Rensselaer County DMV to Immigration and Customs Enforcement, in violation of both New York and federal law.

Status
Active
Issues
Voting and Elections
About This Case/Action

New York Immigration Coalition, Common Cause/New York, Community Voices Heard, Citizen Action of New York, and Jenifer Benn are suing the Rensselaer County Board of Elections and several Rensselaer County officials over the County’s plan to improperly divulge voter registration information gathered by the Rensselaer County DMV to Immigration and Customs Enforcement (ICE).

 

The National Voter Registration Act of 1993 (NVRA), requires states to allow their citizens to register to vote when applying for or renewing a driver’s license or ID card. Under the NVRA, the fact that a person registered to vote at the DMV or any other agency is confidential; disclosure of that fact is prohibited.

 

On July 17, 2019, New York Governor Andrew Cuomo signed the “Driver’s License Access and Privacy Act” (also called the “Green Light Act”), which allows New York residents to obtain driver’s licenses without providing evidence of legal residence status in the United States. Those licenses would state that they are “Not for Federal Purposes.” The Green Light Act also enhanced privacy protections for driver’s license applicants by prohibiting disclosure of any records related to driver’s license applications to anyone other than the applicant, including immigration enforcement agencies (and specifically including ICE). Most of the Green Light Act’s provisions become effective on December 14, 2019.

 

Two days later, on July 19, the Rensselaer County Board of Elections announced at a press conference that they would begin providing ICE with voter registration information, including names and addresses, of all individuals who register to vote at the DMV. The purpose of the disclosure would be “to ascertain if any of these people are in the U.S. illegally.” ICE is responsible for enforcing federal immigration laws, but it has no role in administering voter registration or elections. ICE does not offer citizenship verification services to local election officials.

 

New York resident Jenifer Benn, along with several community groups, including Common Cause/New York, New York Immigration Coalition, Community Voices Heard, and Citizens Involved, sued the county for unconstitutionally burdening the right to vote under the First and Fourteenth Amendments, and for voter intimidation under Section 11(b) of the Voting Rights Act of 1965. In their Complaint, the Plaintiffs alleged that Rensselaer County’s plan to turn over voter registration information to ICE would subject U.S. Citizens to risk of unlawful arrest and detention, given ICE’s recent highly publicized history of erroneously arresting, detaining, and even deporting U.S. Citizens based on false information. According to the Plaintiffs, the County’s plan and conduct will intimidate eligible citizens from registering to vote at the DMV, in violation of the Constitution and the VRA.

 

The County defendants have moved to dismiss the complaint, arguing, among other things, that the Plaintiffs have failed to satisfy the appropriate legal standards to prove voter intimidation.

 

CLC has filed a friend-of-the-court brief explaining that the County Defendants’ interpretation of the law is patently incorrect, and that Rensselaer County’s disclosure of voter registration information to ICE is a modern form of voter intimidation, strikingly similar to tactics used throughout our nation’s history to disenfranchise eligible voters.

 

Rensselaer County’s conduct undercuts one of our most fundamental rights, the right to vote. The County’s intimidation of eligible voters sends a clear message to plaintiffs and to the American people more broadly that participation in the democratic process may come at a steep price, and that exercising a constitutional right may lead to increased and unlawful scrutiny from immigration enforcement agencies on voters and their families. Rensselaer County’s actions are designed to intimidate, to deter political participation, and to undermine the functioning of American democratic processes. It is paramount that our political system safeguards the right of all Americans to have their voice heard in the electoral process.

Federal Court Blocks Tennessee Law That Undermines Voter Registration

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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.

Issues
Voting and Elections

Legal Challenge to Tennessee Law Undermining Voter Registration Will Proceed

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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.

Issues
Voting and Elections
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