DURHAM, N.C. — Two nonpartisan groups focused on the voting rights of military-connected individuals, Secure Families Initiatives and Count Every Hero, applauded a North Carolina appellate decision to protect overseas voters.  

The N.C. Court of Appeals’ decision Tuesday in Kivett v. N.C. State Board of Elections came after a lower court rejected an attempt last week by the RNC and two individual voters to force state election officials to set aside the ballots of some overseas citizens, including adult children of military members. The RNC argued some could be ineligible to vote, but did not provide examples of past problems.  

Campaign Legal Center and Southern Coalition for Social Justice submitted an amicus brief in the case on behalf of Secure Families Initiatives and Count Every Hero, outlining how North Carolina law give adult U.S. citizens with ties to North Carolina the right to vote in state and federal elections. That law passed with bipartisan support nearly 12 years ago, in large part to support military-connected families.

More than 3 million people have cast their ballots in North Carolina, including more than 15,000 overseas voters and nearly 5,000 military members, according to the state elections board.  

The following are statements related to the decision. Representatives from these organizations are available for media interviews and comment as well.  

“This win solidifies that military and overseas voters should be able to exercise their freedom to vote. It also upholds the state laws that make it possible for military and overseas voters to participate in our democracy," said Paul Smith, Senior Vice President of Campaign Legal Center. "We’re glad the court ruled to protect the brave Americans who have made great sacrifices for our country. They deserve to be able to make their voices heard like any other citizen.” 

“We applaud this’s decision, which ensures that the lawful votes cast by the family members of our overseas troops will be counted,” said Admiral (Retired) Steve Abbot, on behalf of Count Every Hero. “Our deployed military members and their families already face too many hurdles when voting, and efforts to challenge the lawful votes of these Americans run contrary to our national values and their service to our country.”

“North Carolina has robust checks and oversights that apply to military and overseas ballots just like they do to ballots cast in person, which we were glad to see this court affirm" said Sarah Streyder, Executive Director of Secure Families Initiative. "With North Carolina contributing the 4th highest number of military recruits from any state, 49% of whom identify as Black, Indigenous, or Person of Color - this unnecessary lawsuit would have further damaged turnout and confidence among a huge number of our troops, in particular those who already face disproportionate barriers to the ballot box."

“This was a reckless attempt to keep eligible voters from having their say in this election,” said Jeff Loperfido, Chief Counsel for Voting Rights for Southern Coalition for Social Justice. “We applaud the court’s decisions to reject undemocratic attempts like this to inject uncertainty and confusion in our election system and encourage every eligible voter to take steps to have their voices heard at the ballot box.”  

Washington, D.C. — It is clear that Donald Trump has been elected the next president of the United States. 

Trevor Potter, founder and president of Campaign Legal Center, issued the following statement in response:

This is an unprecedented and dangerous time for our democracy. During Donald Trump’s first term and throughout this campaign, he demonstrated an unmistakable tendency toward authoritarian governance and a desire for unchecked power. We cannot remain silent as democratic norms are undone. 

CLC will fight for the rule of law, fight for the Constitution, and advocate for every American. 

We will work with state officials to use all tools at their disposal to push back against presidential overreach. Our government is founded on a strong system of checks and balances, including the balance of power between national and state governments. That principle must remain in our democracy.  

We will seek accountability through state and federal courts if the administration attempts to unlawfully abuse our democracy. While Donald Trump has won the White House and the Supreme Court is likely to approve his policy agenda, even most Trump-appointed judges and justices have rejected his previous efforts to subvert democracy.

Likewise, state governments can continue to function as the “laboratories of democracy,” serving as staging grounds for structural changes that make government more accountable and representative, and CLC will be working with local groups to achieve this.

CLC will redouble our efforts to serve as a watchdog over our campaign finance system and challenge efforts aimed at concentrating political power in the hands of a few wealthy special interests. The dominant influence of wealthy special interests during the 2024 election is exactly why this fight must continue. 

CLC will call out ethics violations during a second Trump term and shine a bright light on wrongdoing that benefits personal gain above serving the public. One priority in this respect will be to combat the public perception that officials are not held accountable for their unethical behavior. To accomplish this, we will focus more resources on uncovering and documenting ethics violations that can be subject to enforcement.   

Democracy advocates have prepared for this day. We are ready to defend democracy.

Washington, D.C. — Pennsylvania counties will count in-person provisional ballots cast by voters who submitted “naked” mail-in ballots without a secrecy envelope following the U.S. Supreme Court declining to issue a stay blocking an earlier decision by the Supreme Court of Pennsylvania.  

The decision successfully ensures that voters in Pennsylvania who submit a “naked ballot” — a mail-in ballot that is not placed in a secrecy envelope — will not be unanimously denied their freedom to vote on Election Day.  

“Small errors should not stand in the way of American citizens looking to make their voices heard on Election Day,” said Paul Smith, senior vice president of Campaign Legal Center. "We applaud this decision that will ensure Pennsylvanians have the opportunity to exercise their freedom to vote even if they make a small mistake. Our democracy is strongest when every voter has the opportunity to participate.”

Background:

Pennsylvania requires that all mail-in ballots are first placed in a secrecy envelope before submitting. Under the state’s law, ballots submitted without a secrecy envelope are considered “naked ballots” and are subsequently invalid. While some local election boards previously refused to provide provisional ballots for those seeking to recast a disqualified vote, the Pennsylvania Commonwealth Court ruled that voters must have access to one at their polling place. The Pennsylvania Supreme Court subsequently agreed.

Partisan actors appealed this ruling in an attempt to subvert the will of the voters, however, the Supreme Court ruled that voters who cast a "naked ballot" can still vote with a provisional ballot and their vote will be counted.