LULAC v. Public Interest Legal Foundation

At a Glance

Four Americans and the League of United Latin American Citizens of Richmond are suing the Public Interest Legal Foundation and its president, J. Christian Adams, for engaging in a multiyear campaign of voter intimidation in the state of Virginia.

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About This Case/Action

Four Americans and the League of United Latin American Citizens of Richmond (“LULAC”) are suing the Public Interest Legal Foundation (“PILF”) and its president, J. Christian Adams, for engaging in a multiyear campaign of voter intimidation in the state of Virginia. They are trying to prove that PILF has violated both state and federal laws by falsely accusing voters of registering and voting illegally, and by publishing — in reports still available online — those individuals’ names, home addresses, phone numbers, email addresses and in some cases, social security numbers.

The complaint claims that, in 2016 and 2017 PILF published two reports claiming rampant voter fraud by non-citizens in Virginia. PILF made unfounded assertions that a number of individuals had been removed from state voting rolls for possibly being non-citizens. However, Virginia elections officials have repeatedly emphasized to PILF that even American citizens can be removed from the voting rolls for any number of reasons, including things as mundane as paperwork errors.

The plight of the four individual plaintiffs in this case is a prime example of how voter roll purges can harm even voters. These four American citizens were removed from Virginia’s voting rolls, despite being legally eligible to vote and have a constitutional right to do so. PILF not only claimed that these individuals, and scores more, have voted illegally, accusing them of voter fraud felonies, they also published these individuals’ personal information in reports that are still available online.

PILF’s harmful accusations and the publication of plaintiffs’ sensitive personal information constitute intimidation tactics designed to threaten, embarrass, harass and dissuade plaintiffs and others from voting. Plaintiffs allege that PILF and its president have violated Virginia state law and several federal laws, including the seminal Voting Rights Act (VRA). The VRA prohibits the intimidation or attempted intimidation of any person attempting to vote.

PILF has responded to LULAC’s complaint by filing a motion to have it dismissed, alleging that the plaintiffs have not applied or satisfied the appropriate legal standards to prove voter intimidation.

CLC has filed a friend-of-the-court brief explaining that PILF’s interpretations of the law are patently incorrect, and that PILF’s publication of individuals’ personal information is a modern form of voter intimidation, strikingly similar to tactics used throughout our nation’s history to disenfranchise voters.

PILF’s conduct undercuts one of our most fundamental rights, the right to vote. The organization’s intentional intimidation of voters sends a clear message to plaintiffs and to the American people more broadly that political engagement may come at a steep price, and that exercising a constitutional right may lead to the publication of one’s most sensitive personal information on the Internet. PILF’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 safeguard the right of all to have their voice heard in the electoral process.

IRS Revokes Dark Money Group Americans for Job Security’s Tax Exempt Status

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This week, the Internal Revenue Service (IRS) announced that it revoked the dark money group Americans for Job Security’s tax exempt status. The announcement followed a complaint from  Campaign Legal Center (CLC) and Issue One against the organization.
Americans for Job Security was a tax-exempt “business league” that spent tens of millions of dollars influencing elections while keeping its donors secret, but failed to file its tax returns for the past three years. CLC and Issue One’s complaint called on the agency to enforce penalties against Americans for Job Security for failing to file multiple years of mandatory returns.


“For years, Americans for Job Security abused its tax-exempt status to allow donors to secretly influence elections,” said Brendan Fischer, director, federal reform program at CLC. “Although the IRS penalized Americans for Job Security for failing to file its tax returns, rather than for operating as a dark money political committee, it is gratifying to see that there are at least some consequences for groups that evade transparency requirements.”
 

Walter Shaub Statement on Emory Rounds Clearing Committee for Confirmation to Lead Office of Government Ethics

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Rounds is the right pick to lead OGE during time of ‘historic challenges’

Walter Shaub, senior director, ethics, at CLC, released the following statement:

“Emory Rounds is the right pick to lead the Office of Government Ethics (OGE). Through the confirmation process, Rounds has demonstrated an appreciation for the responsibility to preserve the government ethics program in this time of ethical crisis. He is also acutely aware of the significant limitations on the director’s authority, and I believe he will do his utmost within existing parameters to confront the historic challenges OGE faces. Now that he has cleared the committee, I hope the full Senate will confirm him. Rounds has shown that he values OGE’s independence from the White House. I was particularly impressed that he committed during his confirmation hearing to review OGE’s inappropriate blessing of the Patriot Legal Expense Fund Trust, LLC, an unethical legal defense fund constructed in a way that potentially gives the president’s allies power to influence witness testimony in the Russia investigation. The challenge of reviewing – and hopefully reversing – OGE’s previous action on that fund may be one of the greatest challenges he will face while in office if he is confirmed. I anticipate that the Senate would follow up to learn the outcome of his review.”

Issues

U.S. Supreme Court Rules Ohio May Reinstate Practice of Purging Voters From Its Rolls for Not Voting

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WASHINGTON – In a 5-4 ruling in Husted v. APRI, the U.S. Supreme Court today upheld an Ohio voter purge practice that removes infrequent voters from the registration rolls. The decision creates a danger that other states will pursue extreme purging practices to disenfranchise millions of eligible voters across the country.

In APRI, Ohio asked the Supreme Court to overturn a federal appeals court decision that found an Ohio practice of targeting registrants who have not voted in a two-year period for removal from the voter rolls — when there is no evidence that the voter has become ineligible — violates a federal law known as the National Voter Registration Act (NVRA). The Court assented to Ohio’s request, holding that the state’s process does not violate the NVRA’s prohibition on using non-voting as a basis for canceling registrations because, although the state indeed targets eligible voters who have not voted recently, the non-voting is not “the sole criterion” for removing a registrant.  

In 2015 alone, hundreds of thousands of infrequent voters were purged from Ohio’s voter rolls. Over 40,600 registrants in the state’s largest county, Cuyahoga, were removed under the process allowed by the Supreme Court today. The majority of these registrants lived in low-income communities and communities of color.

“The Supreme Court decision to allow Ohio to purge its citizens from the rolls is a setback for voting rights nationwide,” said Paul Smith, vice president of Campaign Legal Center (CLC). “Our democracy weakens when states are permitted to take actions that discourage voter participation. By constructing obstacles that make voting more difficult, Ohio is sending the wrong message to its citizens.”

Dēmos and the ACLU of Ohio first filed suit on behalf of Ohio APRI, NEOCH, and Ohio resident Larry Harmon in 2016, prevailing in the circuit court and securing relief that protected the right to vote for purged Ohio voters in November 2016 and every other election in the state to date.

Legal Complaint: Pruitt Misused Government Position with Outreach to Chick-Fil-A

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CLC requests investigation by EPA Inspector General about new revelations that fit ‘pattern of misconduct distinguishing Administrator Pruitt’s time at head of EPA’

WASHINGTON – Today, Campaign Legal Center (CLC) filed a legal complaint with the Inspector General at the Environmental Protection Agency (EPA), asking for an ethics investigation into Administrator Scott Pruitt’s abuse of his official position. Emails obtained by The Washington Post indicate that Pruitt leveraged his authority as a cabinet-level official and used governmental resources to secure a Chick-fil-A business opportunity for his wife. His actions appear to violate the ban on the use of official authority for the private financial gain of a relative.

“Beyond the legal concerns raised by Pruitt’s actions, Pruitt seems to ignore basic ethical principles about public service. Executive branch employees should use their government position and authority for the benefit of the public, rather than to benefit close family members,” said Delaney Marsco, legal counsel, ethics, at CLC. “Pruitt’s actions fit into a pattern of misconduct distinguishing his time at the head of the EPA.”

Issues

Advocating for State Voter Registration Forms to Comply with the NVRA

At a Glance

CLC sent letters to state officials across the country informing them that their voter registration forms were not up-to-date and did not accurately explain voter eligibility. 

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About This Case/Action

What is the NVRA and where are states falling short?

The purpose of the National Voter Registration Act (NVRA) is to ease the voter registration process, a goal as relevant today as when it passed in 1993. The NVRA requires states to inform residents of voter eligibility requirements and make sure their forms are up to date.

State compliance with this important law enhances participation in our democracy. It is the responsibility of each state to inform the Election Assistance Commission about changes in the law so the federal instructions can be updated. However, the information available to people with past convictions to determine their eligibility in some states are virtually nonexistent. In other states, the information on registration forms and other resources are simply wrong.

We cannot afford to have a voter registration system that fails to inform every eligible American of her right to vote.