Victory! Court Saves Texas Voters from Purge

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Court condemns Texas' ‘threatening correspondence’ and orders them to discontinue voter purge program

SAN ANTONIO, TX – In a decision filed today by the United States District Court for the Western District of Texas, federal judge Fred Biery ordered the Texas Secretary of State to tell all counties to pause their planned voter purge. In the opinion, the court orders Texas “not to send any notice of examination letters nor remove voters from registration without prior approval of the Court.”

“This is a major victory for Texas voters,” said Danielle Lang, co-director, voting rights and redistricting at Campaign Legal Center (CLC). “The court rightly agreed with our argument that Texas threatened voter purge struck fear and anxiety into the hearts of voters. Texas unnecessarily targeted tens of thousands of people who were properly registered citizens, intimidating naturalized citizens from exercising their rights. Let this be a message to the rest of the country that states will face consequences when they threaten their citizens’ right to vote.”

CLC represented the League of United Latin American Citizens (LULAC) in the case. Visit our case page to learn more.

Uncovering Illegal Coordination by the NRA

At a Glance

The National Rifle Association (NRA) has apparently used a series of shell corporations to unlawfully coordinate tens of millions of dollars in spending with federal campaigns across the country, including the 2016 Trump campaign. CLC has filed complaints with the Federal Election Commission alleging illegal coordination on the part of the NRA. The coordination scheme spans three election cycles, seven federal races, and tens of millions of dollars in spending.

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About This Case/Action

Campaign finance law allows outside groups like the NRA to make unlimited expenditures supporting candidates only if the expenditures are completely independent of those candidates.  To protect this independence, the FEC has rules prohibiting coordination between outside groups and campaigns, which include restrictions on how a vendor may work for both a candidate and an outside group supporting that candidate. Otherwise, the common vendor can act as a conduit to funnel strategic information to the outside group, and then that group’s expenditures are no longer independent.

But a set of media firms operating out of a single set of buildings in Alexandria, Virginia has functioned to help the NRA evade these rules. Evidence shows that a media firm called OnMessage set up a shell corporation called Starboard, located at the same address and with the same leadership; the NRA contracted with Starboard to produce its ads, and the candidates the NRA supported hired OnMessage. Then, both the NRA and the candidates it supported placed their ads through the media firm National Media or an affiliate; in some cases, the same employee placed ads for both the NRA and the candidates the NRA supported on the same day. This scheme appears designed to evade detection of violations of the laws governing independence between campaigns and outside groups and, in doing so, facilitated tens of millions of dollars in illegal, unreported contributions from the NRA to seven federal campaigns. 

In partnership with the Giffords Law Center to Prevent Gun Violence, CLC filed four FEC complaints in 2018 that alleged illegal coordination between the NRA and seven federal campaigns via these vendors. Detailing the years-long activities of two overlapping webs of shell companies that designed and placed millions worth of ads for the NRA and the NRA’s endorsed campaigns, the complaints shine a light on an elaborate coordination scheme.  

The FEC regulates the use of common vendors for media placement because the targeting of political ads is a critical element of a campaign effort. If the NRA possessed inside knowledge of these campaigns’ strategies thanks to common vendors, it could strategically time and target its ads to complement the campaigns’ own efforts. That would make the expenditures anything but “independent.” The vendors may attempt to claim they established firewalls segregating work for the NRA and campaigns, but that argument falls apart when the same employees are placing ads for both groups.

The NRA using inside information about a candidate’s strategy to create ‘independent’ ads supporting him creates an unfair advantage, and it violates the law. According to the Supreme Court, groups like the NRA can only make unlimited expenditures if they are independent of the candidates they support, and it falls to the FEC to enforce the laws that preserve that independence and prevent corruption.

If the NRA’s ads are coordinated, then the law treats the spending on those ads as in-kind contributions to the candidate, which means those contributions should be reported—and capped—as such.  It is up to the FEC to enforce the law.

Federal Judge Directs Counties to Halt Texas Voter Purge

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SAN ANTONIO, TX – A federal judge in the United States District Court for the Western District of Texas said Monday that Texas counties involved in ongoing litigation may not purge registered voters or send letters demanding proof of citizenship until further order from the court. This conclusion was reached by Judge Fred Biery after a three-day evidentiary hearing in which the court heard from League of United Latin American Citizens (LULAC) and Texas plaintiff Julie Hilberg, a citizen of Atascosa County, Texas who told the court the story of how she was wrongly placed on Secretary of State David Whitley’s list, despite being naturalized in 2015 after moving to Texas. CLC represents LULAC and Ms. Hilberg.

Read Julie’s story.

“All Texas counties should refrain from further action until a broad ruling is made on our lawsuit,” said Danielle Lang, co-director, voting rights and redistricting, at CLC. “Texas designed this unlawful ‘search and purge’ mission to intimidate legitimately registered voters, and Secretary of State Whitley has failed to defend his program of voter suppression, ignoring warnings from state employees about the inaccuracy of the data he relied on. The court should step in and protect the rights of all Texas citizens.”

The parties will submit additional briefing next Thursday.

Learn more about the litigation.

Felony Voting Rights Restoration in Nevada

At a Glance

While previous Nevada law was one of the most complicated to navigate in the country, as of July 1, 2019 a new law restores voting rights in the state upon completion of any prison term. With this change, Nevada will join the growing number of states that are restoring the right to vote to people with convictions.

Campaign Legal Center has worked to restore voting rights to people with past convictions in Nevada by providing direct rights restoration services, empowering community leaders to understand rights restoration laws in the state, and breaking down the false notion that a felony conviction always means you cannot vote.

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About This Case/Action

Starting on July 1, 2019, Nevada voting rights will be restored to people with felony convictions upon completion of any prison term. A new law passed in May 2019 will restore voting rights to more than 77,000 Nevadans. Previous Nevada law was one of the most complicated to navigate in the country. With this change, Nevada will join the growing number of states that are restoring the right to vote to people with convictions.

Prior to the law change, whether a person could vote depended on how many felony convictions they have, the category of the conviction(s), and in what year they completed their sentence. For some, their voting rights were restored once they completed their sentence. Others who were eligible to get their right to vote back after a conviction were required to petition the court to restore their rights – a process that many did not know about.

As a result, many Nevadans with past convictions who are eligible to vote simply do not know that they can participate. There are nearly 90,000 people in Nevada who have lost their voting right because of a conviction but over two-thirds of them are post-sentence, meaning they can apply to restore their voting rights. Yet only 281 people used the court petition process to restore their rights from 1990-2011 – an average of only 13 per year.

But a little bit of education and outreach will go a long way to assisting people to exercise their fundamental right to vote. In fall 2018, we sent Restore Your Vote organizers to Las Vegas and Reno to assist individuals with past convictions, train voter registration and re-entry organizations on the law, and support and build sustainable networks of assistance. The organizers helped hundreds of people start on the path to rights restoration and trained hundreds of community leaders and canvassers to be able to help others.

We continue to work with individuals and organizations in Nevada to smooth out the rights restoration process and make it accessible to everyone.

If you are trying to determine whether you can vote in Nevada, please access our online tool here.

Felony Voting Rights Restoration in Arizona

At a Glance

In Arizona, the law regarding which people with past criminal convictions can and cannot vote has been confusing. Campaign Legal Center has worked to restore voting rights to people with past convictions in Arizona by providing direct rights restoration services, empowering community leaders to understand rights restoration laws in the state, and breaking down the false notion that a felony conviction always means you cannot vote.

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About This Case/Action

In Arizona, whether a person can vote depends on how many felony convictions they have, whether they are able to pay their fines and fees, and whether they have completed their sentence(s). Moreover, some people (but not all) who are eligible to get their right to vote back after a conviction are required to file a request to restore their right – a process that many do not know about. As a result, many Arizonans with past convictions who are eligible to vote simply do not know that they can participate.

If you are trying to determine whether you can vote in Arizona, please access our online tool here.

But a little bit of education and outreach will go a long way to assisting people to exercise their fundamental right to vote. In fall 2018, we sent Restore Your Vote organizers to Phoenix and Tucson to assist individuals with past convictions, train voter registration and re-entry organizations on the law, and support and build sustainable networks of assistance. The organizers helped hundreds of people start on the path to rights restoration and trained hundreds of community leaders and canvassers to be able to help others.

We continue with individuals and organizations in Arizona to make sure that there are resources for voting rights restoration across the state and that people know how to access them. If you are looking for additional assistance to restore your vote, please feel free to reach out to us.

If you or your organization want to help people with felony convictions through the rights restoration process please feel free to reach out or use our Activist Manual and the included materials.

Felony Voting Rights Restoration in Alabama

At a Glance

Campaign Legal Center is working to restore voting rights to people with past convictions in Alabama by providing direct rights restoration services, empowering community leaders to understand rights restoration laws in the state, and breaking down the false notion that a felony conviction always means you cannot vote.

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About This Case/Action

In 2017, Alabama passed a new law, for the first time in more than a century, that created a definitive list of which convictions will take away a person’s right to vote. The law could re-enfranchise tens of thousands who were denied the right to vote but do not have a disqualifying conviction. Yet the state of Alabama has refused to spend any resources informing these citizens that they can vote. Recent polling showed that nearly 72% of Alabamians with felony convictions who are not registered to vote still do not know that the law has changed, much less whether it has restored their voting rights.

In 2018, Campaign Legal Center and the Southern Poverty Law Center launched the Alabama Voting Rights Project (AVRP) employing three full-time Re-Enfranchisement Fellows across the state. We individually assisted over 2,600 Alabamians with past convictions and trained more than 2,900 community leaders and activists on the rights restoration process.

CLC is continuing to assist Alabamians through the voting rights process and provide support to organizations engaged in rights restoration. We can help push back against systemic barriers that keep Alabamians front voting.

To get in touch, contact [email protected].

If you are an Alabama resident who wants to understand your voting rights, click here to access our tool.

Learn more about our work for voting rights in Alabama: