Restore Your Vote: Felony Rights Restoration

At a Glance

CLC’s Restore Your Vote Campaign restores voting rights to people with past convictions by providing direct rights restoration services, empowering community leaders to understand rights restoration laws, and breaking down the false notion that a felony conviction always means you cannot vote.

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About This Case/Action

Millions of Americans have lost their right to vote because of a past felony conviction. Progress is being made across the country to reform these laws, but the problem is even larger than the 5 million people who are legally disenfranchised. Across the country, there are an estimated 23 million people with felony convictions. Because of complicated laws, misinformation, and poor administration, a huge portion of the 17 million Americans with felony convictions who are not directly disenfranchised remain de facto disenfranchised.  

The Restore Your Vote campaign aims to tackle that problem by developing and executing scalable models for rights restoration services, community leader training, and broad public education to combat de facto disenfranchisement.

•We’ve provided direct rights restoration services to thousands of individuals;

•We’ve trained thousands of community leaders in the rights restoration process of their state;

•Tens of thousands of people have used our online toolkit, RestoreYourVote.org;

•We’ve earned dozens of local and national media hits telling the stories of people we’ve assisted and spreading the word that just because you have a felony conviction, it does not necessarily mean that you cannot vote

 

RestoreYourVote.org

We’ve built a user-friendly online tool that allows people with convictions in all fifty states, DC, and Puerto Rico to determine whether they can vote or how to restore their voting rights by answering a series of mostly yes or no questions.

Read the account of Dennis Eckhoff, an Arizona resident who found answers about his voting rights on RestoreYourVote.org that he had been seeking for over twelve years.

 

What’s Happening in Your State?

Supreme Court Will Hear Arguments in Case On Administration Decision to Add 2020 Census Citizenship Question

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Justices should affirm the lower court ruling, which would require the administration to reverse course

WASHINGTON – Today, the U.S. Supreme Court decided to hear a case brought by the New York State Attorney General about whether the controversial citizenship question will be allowed to be added to the 2020 Census. Given the timely nature of the case, it is scheduled to be heard by the U.S. Supreme Court this term.

“It is critical that the U.S. Supreme Court uphold the district court’s sound decision to stop this rash and politically motivated citizenship question from being added to the 2020 Census,” said Paul Smith, vice president at Campaign Legal Center (CLC). “Secretary Ross ignored the expert advice of Census Bureau officials and the overwhelming majority of public comments when he decided to add the question. Then he lied about his reasons to Congress and the public. Secretary Ross is not above the law. The quality of the Census dictates the redrawing of district lines to ensure representation of all communities. That’s what’s at stake.”

On January 15, U.S. District Judge Jesse Furman ordered the administration to discontinue plans to include the question.

CLC has actively opposed the addition of a citizenship question to the 2020 Census. Read about the actions CLC has taken, expressing concern over Commerce Secretary Wilbur Ross’s decision to add the citizenship question, and filing Freedom of Information Act (FOIA) requests to investigate how the decision was made.

Issues

Supreme Court Declines to Hear Montana Case, Keeping Disclosure Laws in Place

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WASHINGTON – Today, the U.S. Supreme Court declined to hear arguments in a challenge to Montana’s disclosure laws, which leaves standing a previous decision by the United States Court of Appeals for the Ninth Circuit that affirmed voters’ right to know who is financing election advertising. The laws at issue require political groups that spend money to influence Montana voters to disclose basic information about their finances so that voters are able to properly evaluate the electoral messages they receive.

“Declining to hear this case protects the ability of state lawmakers across the country to use disclosure laws as a tool to promote transparency in elections,” said Paul Smith, vice president at Campaign Legal Center (CLC). “Many states and municipalities have laws that parallel Montana’s. Disclosure laws like Montana’s are critical because voters deserve to know who is spending money to influence their votes.”

Transparency is the foundation of an open democracy. Courts across the country have upheld a broad range of disclosure requirements against constitutional attack – including the Supreme Court of the United States, which has consistently approved campaign finance disclosure laws as a means of preventing corruption, and aiding voters’ ability to make informed choices on Election Day.

This lawsuit is part of a relentless legal assault on all campaign finance laws, which CLC has been beating back for years at the federal, state and local levels. CLC filed a brief in the United States Court of Appeals for the Ninth Circuit in July 2017 in support of Montana’s law.

Learn more about the case Montanans for Community Development v. Mangan.

Movement to Establish Citizen-Led Redistricting Commissions in the States

At a Glance

The issue of gerrymandering has received unprecedented attention recently. Independent redistricting commissions (IRCs) are state-based solutions that change the system of drawing electoral maps to a more open process that is reflective of citizen voices. This helps make politicians more accountable and responsive to their constituents.

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About This Case/Action

Citizens across ideological lines are tired of politicians redrawing the lines of their own electoral maps – and picking their own voters. They are tired of politicians distorting the political process to hold onto power for their own party. The effort by partisan politicians to marginalize voters has gone on for far too long, and is aided by sophisticated computer modeling that has taken this undemocratic practice to new extremes.

Citizens are tired of waiting for the courts to act and do not believe that politicians will ever fix the problem of gerrymandering. IRCs are a way to put gerrymandering on the ballot. They are a check on the redistricting process, and are created differently depending on many unique local factors, as explained in a report released by CLC in July 2018 –  which armed legislators, good government advocates, and activists – with the knowledge they need to design IRCs that are right for their state.

In January 2019, CLC released a poll that finds strong opposition to gerrymandering among likely 2020 general election voters and broad, bipartisan support for the creation of independent redistricting commissions, which voters supported in all five states where it was put to a vote in the 2018 cycle. Removing partisanship from the redistricting process will help ensure that every voice is heard in our democracy. At least 60 percent of Democrats, Independents and Republicans support the creation of IRCs. When asked to choose whether boundaries for legislative and congressional districts should be drawn by state legislatures or by IRC, voters favor the latter by a nearly three-to-one margin.

In the 2018 midterm election cycle, IRCs passed in Michigan, Colorado, Utah, Missouri and Ohio. After grassroots organizations supported by CLC in both Michigan and Colorado successfully placed IRCs on the November 2018 ballot, the right of citizens to put these ballot initiatives up to a vote were challenged in court. CLC successfully helped defend the rights of citizens in both states to take democracy into their own hands.

Now, Arkansas, Oklahoma, Georgia, and several other states are moving towards similar initiatives to form IRCs. Additionally, bipartisan coalitions of lawmakers and activists are seeking to reform redistricting through constitutional amendments beginning in the legislatures of Wisconsin, Pennsylvania, Virginia, and Illinois. Pennsylvania legislators have introduced a bill that, if passed and ratified by the people, would also establish a redistricting commission.

Attention to IRCs will only increase in the coming months. 2020 is a pivotal year because the census will be taken, after which eevery state will be drawing new district lines. A fair districting process is critical to ensuring that voters’ interests are accurately represented by both state and federal government.

CLC ROLE

Campaign Legal Center’s (CLC) role has been to attend planning sessions for IRCs in the major cities that spearhead these initiatives, help in the development of language and ensure that the initiatives survive legal challenges, and support the placement of the initiatives on the ballot. CLC’s communications team has also led public education campaigns.

With the 2020 redistricting cycle looming and public attention focused on gerrymandering like never before, there is no better time for groups like CLC to enact reforms that permanently improve democracy in the states. Well-designed IRCs offer the best option to help ensure that the map drawing process is more transparent, all Americans’ voices are counted fairly and politicians are accountable and responsive to constituents.

CLC and LULAC Take Texas Secretary of State to Court for Latest Purge Efforts

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Texas officials are violating U.S. Constitution by unlawfully discriminating against and intimidating eligible voters

Texas AG Ken Paxton has increased the harm of state’s announcement by intimidating naturalized citizens with potential unjustified criminal investigations

SAN ANTONIO, TX – Today, Campaign Legal Center (CLC) has joined the League of United Latin American Citizens (“LULAC”) to ask the United States District Court for the Western District of Texas to stop the unlawful voter purge program announced by Texas Secretary of State David Whitley. On January 25, Whitley issued an advisory to county registrars announcing the transmittal of a list of 95,000 people who indicated they were noncitizens at the time they applied for their driver licenses, and who are currently registered to vote. Secretary Whitley suggested that these were illegal noncitizen voters, and Attorney General Ken Paxton amplified that message by issuing unfounded accusations of voter fraud and threatening criminal prosecutions. Neither took steps to determine whether any of those 95,000 people had become naturalized citizens. CLC has joined the lawsuit brought by LULAC, alleging that the program and its promotion are unlawful voter intimidation under the Voting Rights Act.

Today’s filing – an amendment to the original complaint – on behalf of an individual citizen on the list named Julie Hilberg alongside LULAC and Texas LULAC, added additional claims against Whitley. Hilberg, of Atascosa County, became a naturalized citizen in 2015 after moving to Texas from the United Kingdom.

The filing says that Texas’s proof of citizenship requirement for newly naturalized citizens is discriminatory and an unconstitutional burden on the right to vote, violating the 1st and 14th Amendments. CLC has also sent a notice letter to Secretary Whitley informing him of the National Voter Registration Act violations created by his new voter purge program.

“We know that democracy works best when all citizens can vote without barriers,” said Paul Smith, vice president of CLC. “Texas designed this unlawful ‘search and purge’ mission to intimidate legitimately registered voters. The court should step in and protect the rights of Texas citizens.”

“When I became a naturalized citizen in 2015, I never thought that today in 2019, my home state would put my voting rights in jeopardy and question my right to participate in elections,” said plaintiff Julie Hilberg, age 54, of Poteet, Texas, who voted in the 2016 and 2018 elections. “I am passionate about democracy as an American and Texan, and hold my voting rights dear. I want to stand up on behalf of the tens of thousands of people that may have been unfairly flagged by this flawed system and deprived of their constitutional rights.”

“The continuous discriminatory acts of voter intimidation against Latinos and all immigrants will not be tolerated,” said Luis Roberto Vera, Jr., national general counsel of LULAC. “Texas has a rich history of discrimination, and this is simply an attempt to suppress minority voters. We will fight hard against it.”

On April 16, 2015, Hilberg became a U.S. citizen at a naturalization ceremony in Bexar County. She completed a voter registration form at the ceremony and she was told her voter registration form would be sent to her county registrar. She most recently renewed her Texas driver’s license in 2014, when she was still a legal permanent resident. Her driver’s license does not expire until 2020.

According to Homeland Security data, between 50,000 and 65,000 Texas residents become naturalized citizens each year. Over the most recent six years of data – the lifespan of a Texas driver license – 348,552 Texas residents have become newly naturalized citizens. In compiling its list, Whitley relied on records that in some case are as outdated as 23-years old.

A federal court has ruled that a nearly identical program pursued by Florida was unlawful. Florida’s Secretary of State compiled a list of 180,000 registered voters whose driver license applications disclosed that they were non-citizens at the time of the application, and advised county Election Supervisors to provide those registered voters 30 days to prove their citizenship to avoid cancelation of their registration.

*Renea Hicks, Chad Dunn and David Richards are also serving as private co-counsel.

Texas LULAC, et al. v. Secretary of State David Whitley

At a Glance

Texas unlawfully demanded tens of thousands of individuals provide additional proof of citizenship within 30 days or have their voter registration cancelled. CLC serves as counsel in a case challenging this discriminatory voter purge program.

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About This Case/Action

On January 25, Texas Secretary of State Whitley issued an advisory to county registrars announcing the transmittal of a list of 95,000 people who indicated they were noncitizens when they applied for their driver licenses, and who are currently registered to vote.

Secretary Whitley suggested that these were illegal noncitizen voters. They are not.

The list used by the secretary of state’s office is stale and outdated. Driver licenses in Texas last six years. According to Homeland Security data, between 50,000 and 65,000 Texas residents become naturalized citizens each year. Since the list was released, both the secretary of state's office and county registrars have already discovered that tens of thousands of people on the list are properly registered citizens. Now, the former Secretary of State (under Governor Abbott) Carlos Cascos has called on the effort to be rescinded.

Nonetheless, Secretary Whitley transmitted the names, encouraged investigations, and encouraged a letter to be sent providing 30 days for the recipients to prove their citizenship or have their registrations cancelled.

Despite admissions from Secretary Whitley’s office that the list is “weak” and likely includes naturalized citizens, Texas Attorney General Ken Paxton has increased the harm of state’s announcement by intimidating naturalized citizens with potential unjustified criminal investigations.

Our partners, Texas League of United Latin American Citizens and National League of United Latin American Citizens (LULAC), quickly sued alleging that the program and the publicity around is was unlawful voter intimidation under the Voting Rights Act. CLC joined the lawsuit on behalf of LULAC, and an individual citizen Julie Hilberg, whose name is on the list.  

Our complaint alleges that Texas’s new voter purge program aimed at naturalized citizens is discriminatory and an unconstitutional burden on the right to vote, violations of the 1st and 14th Amendments. The false allegations by Texas officials has cast a “pall of suspicion on the democratic process and stoke public fears of noncitizen voting.” Whitley’s intimidating and well-publicized statements have created a hostile environment for newly naturalized voters – largely Latino – and amounts to voter intimidation and is a violation of the Voting Rights Act.

CLC has also sent a notice letter to Secretary Whitley informing him of the National Voter Registration Act violations created by his new voter purge program.

A federal court has ruled that a nearly identical program pursued by Florida was unlawful. The court explained that this program (which the Florida Secretary of State abandoned) violated the NVRA’s requirement that list maintenance activities be uniform and nondiscriminatory. The same is true here.

Plaintiffs
  • Texas League of United Latin American Citizens
  • National League of United Latin American Citizens
  • Julie Hilberg, individually and on behalf of others similarly situated
Defendant
  • David Whitley, in his official capacity as Secretary of State for the State of Texas and in his personal capacity
  • Ken Paxton, in his official capacity as Attorney General for the State of Texas and in his personal capacity