Enforcing the Hatch Act

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CLC filed complaints urging enforcement of the Hatch Act and has called out violations in the media. 

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About This Case/Action

Purpose of the Hatch Act

The Hatch Act is a federal law that prohibits federal employees from engaging in certain partisan political activities. The purpose of the Hatch Act is to keep partisan politics independent from the administration of federal programs, and to ensure that individuals do not use their entrusted authority to affect the political process.

The law serves as an important cornerstone of ethical public service, and CLC has flagged potential Hatch Act violations numerous times to alert government agencies of potential misconduct and call on the U.S. Office of Special Counsel (OSC) to investigate. Violations of the Hatch Act can result in disciplinary action such as reprimand, suspension, demotion or dismissal.

CLC’s Recent Work on the Hatch Act

In March 2018, in response to a complaint filed by CLC, OSC determined that White House senior counselor Kellyanne Conway acted improperly when she advocated against an Alabama Senate candidate on TV. Conway had advocated against that candidate from the White House grounds, while identified on camera by her official title, not once but on two separate occasions. OSC found she violated the Hatch Act on both occasions and referred the matter to President Donald Trump for disciplinary action. CLC had filed the November 2017 complaint after Conway appeared on Fox & Friends to advocate against a candidate for public office using her official government title while standing in front of the White House. This was not Conway’s first run-in with ethics-related legal provisions.

Nor was it CLC’s first attempt to hold her accountable for living up to the high standards expected of senior White House officials.

CLC took action because the American people should be able to trust those wielding governmental power to live up to high ethical standards. Public service is a public trust. When Conway misused her position, she broke that trust.

CLC has used these and other instances of government malfeasance as opportunities to educate the public about the Hatch Act and other ethics laws, with the goal of ensuring that government resources and authority are being used properly.
 

Voting and Elections

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In our elections, every voice must be heard, and every vote must count. Voting should be accessible for all citizens, and our laws should promote participation in our democracy and instill trust in our elections.
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I Have a Felony Conviction. Can I Vote?

Redistricting

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In our elections, every voice should be heard, and every vote should count equally. Elections should be determined by voters, but when politicians rig our voting maps, they can pick their own voters instead of voters picking their politicians.
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Voters should choose their politicians, not the other way around.

Ethics

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Federal, state and local governments have a responsibility to enact and enforce clear ethical guidelines and laws. Only then can public officials adequately navigate potential conflicts and be held accountable when they break the public’s trust.
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Campaign Finance

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Voters have a right to know which wealthy special interests are spending big money to secretly influence our vote and our government to rig the political system in their favor.
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Victory! Secretary of State of Arizona Agrees to Shed Burdensome Voting Requirement Following CLC Lawsuit

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CLC anticipates this will enfranchise tens of thousands of voters in Arizona that were denied because of unnecessary bureaucracy

PHOENIX – Today, Campaign Legal Center (CLC) reached a settlement agreement with the Secretary of State of Arizona and the Maricopa County Recorder over a lawsuit on behalf of League of United Latin American Citizens (LULAC) and Arizona Students’ Association (ASA) challenging the state’s overly burdensome voter registration process. When the lawsuit was filed, Maricopa County Recorder Adrian Fontes chose not to take a position on the merits of the lawsuit. The Secretary and Recorder have agreed to nearly all of the requested changes.

CLC attorneys anticipate this will result in the enfranchisement of tens of thousands of voters in Arizona whose voter registrations were rejected because of unnecessary bureaucracy. CLC was joined in its lawsuit by the Lawyers’ Committee for Civil Rights Under Law. Spencer G. Scharff, Shute, Mihaly & Weinberger, and Luis Roberto Vera, Jr. served as private co-counsel in the case.

Going forward, Arizona will treat all registrants the same regardless of whether they use the state or federal form, easing a registration process that was one of the most complicated in the country. The state will register all voters for federal elections. Although Arizona will continue to enforce its documentary proof of citizenship requirement for state elections, it will check the motor vehicles database for citizenship documentation before limiting voters to federal-only elections. This will ensure that voters will not be turned away from any election when the state already has the information it says it needs.

“Secretary Reagan’s agreement to these commonsense changes is an affirmation that democracy works best when all citizens can vote without barriers,” said Danielle Lang, senior legal counsel, voting rights and redistricting at CLC. “Our lawsuit will successfully protect eligible Arizonans from being unfairly prevented from registering to vote and participating in federal elections because of unnecessary requirements. We are pleased that the bureaucratic nightmare in Arizona is coming to an end.”

“Barriers to registration stand as one of the greatest threats to democracy today. As a result of our litigation, Arizona is taking steps to ensure that Arizona’s voter registration process is open and more equitable for all Arizona residents,” said Kristen Clarke, President and Executive Director of the Lawyers’ Committee for Civil Rights Under Law. “Ensuring equal access to the voting box for eligible voters is critical in maintaining an open and fair democratic process and this settlement helps ensure that more voters will have their voices heard this election cycle.”

“This is a victory for Arizona students,” said Shayna Stevens, outgoing executive director of the Arizona Students’ Association, a student-led nonprofit organization that conducts outreach to promote student voting. “For lawmakers to hear the student voice, students must have easy access to voting. We are thrilled that students will no longer be required to fill out duplicate forms or dig up their original birth certificates and passports, which made access to the ballot difficult for no reason.”

“This settlement is a key victory in the fight for fair and equal access to elections across the country,” said Andrew Schwartz, a partner in Shute Mihaly & Weinberger LLP, co-counsel with CLC.

After learning from state advocates that Arizona’s system had disenfranchised at least 26,000 eligible voters in Maricopa County alone, CLC and its partners filed a legal complaint on behalf LULAC and ASA with the U.S. District Court for the District of Arizona on Nov. 7, 2017 challenging the state’s dual registration system as an undue burden on the right to vote and the Constitution’s promise of equal protection. Read CLC's case page for background information.