Congress Must Pass the John Lewis Voting Rights Advancement Act

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Today, members of the U.S. House of Representatives, led by Congresswoman Terri Sewell, reintroduced the John Lewis Voting Rights Advancement Act (VRAA), legislation named after the late civil rights icon that would amend and restore the full strength of the Voting Rights Act (VRA). 

“With the 2024 election cycle already in full swing, it’s never been clearer: all voters should have a say in the future direction of our country,” said Trevor Potter, president of Campaign Legal Center (CLC), and a Republican former chairman of the Federal Election Commission. “The John Lewis VRAA will help America realize the true promise of our democracy: a government of, by, and for the people. The Voting Rights Act has a long track record of earning overwhelming bipartisan support, because protecting voting access should be a goal that transcends political divides. Campaign Legal Center strongly endorses the John Lewis VRAA.” 

Attacks on voting rights have reached a new fever pitch after the U.S. Supreme Court’s decision in the 2013 case Shelby County v. Holder, with the attacks growing even more persistent since 2020. In the past decade, Americans have seen cutbacks to early voting periods, new burdensome requirements to cast ballots and restrictions on the right of nonpartisan civic engagement groups to assist citizens in participating fully in the democratic process. 

Notably, the VRAA would reestablish and revitalize the important preclearance system gutted by the U.S. Supreme Court in Shelby County v. Holder, as well as strengthen Section 2 of the VRA, which the Court has also weakened in recent years. These essential reforms will protect Black and brown voters throughout the voting process and help ensure every American can participate in our democracy.     

 

What to Look for at the House Administration Committee’s FEC Oversight Hearing

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Federal campaign finance laws help ensure transparency about who’s spending money to influence elections, hold candidates accountable for the money they raise and spend in pursuit of public office, and curtail corruption (and its appearance) in our government. But campaign finance laws can only further these goals if they are applied fairly and enforced robustly. 

For over ten years, the agency responsible for implementing and enforcing these laws – the Federal Election Commission (FEC) - has regularly failed to do its job, weighed down in ideological gridlock. 

But tomorrow, all six of the FEC’s commissioners will appear before a congressional oversight committee to answer lawmakers’ questions about the agency’s work. This opportunity must not be taken lightly by members of Congress, who will have the chance to address the FEC’s regulatory failures and hold the agency accountable. This includes topics like the FEC’s:  

  • Failure to police the rampant increase in coordination between super PACs and candidates and parties. 
     

  • Allowing secret election spending, also called ‘dark money,’ to flourish. 
     

  • Giving politicians the green light to use donor funds for their personal expenses
     

The current political environment has allowed wealthy special interests to dominate our elections, drowning out the voice of everyday Americans. To ensure every American has a meaningful opportunity to participate in our political process and have their voices heard, we need a stronger FEC to enforce our laws and hold violators accountable. Tomorrow’s oversight hearing is an opportunity for Congress to ask tough questions and push the FEC to do better, ensuring our system of checks and balances works the way it is intended to. 

Combating DMV Voter Registration Issues in South Carolina

At a Glance

During the 2022 election, many South Carolina voters faced significant difficulty casting their ballot despite properly registering or updating their voter registration through the South Carolina Department of Motor Vehicles (SCDMV). CLC, ACLU, and ACLU of South Carolina represent Black Voters Matter, Amplify Action, Upstate Action Alliance, and individual voters to address this issue which hindered properly registered South Carolinians’ ability to vote.  

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About This Case/Action

Before the 2022 Election, many South Carolinians registered to vote or updated their voter registration at the South Carolina DMV (SCDMV)—a required mechanism under the National Voter Registration Act (NVRA). However, on Election Day, many of these voters experienced issues casting their ballot because their voter registration did not reflect either registration or an address change completed at the SCDMV.  

Under the NVRA, the DMV must provide for new voter registration and process updates to existing voter registrations. This process hinges on the SC DMV properly communicating the updates to the South Carolina State Election Commission (SC SEC) so that the SC SEC can communicate these changes to the counties ahead of Election Day.  

During the 2022 election in South Carolina, there was a breakdown in this critical communication, causing confusion across the state. Some properly registered voters were turned away at their polling place. One voter reported updating her registration at the SC DMV the summer before Election Day, yet her new polling place had her marked as improperly registered on Election Day. To vote, she then had to travel to her local County Board of Elections, update her address, and vote there. While waiting in line, she encountered voters with the same issue. Because of the wait time, some voters even left. Voters should not face such widespread confusion and barriers to voting.  

The fact that the information filed with the SC DMV was not properly updated with the SC SEC constitutes a clear violation of the NVRA. CLC, ACLU, and ACLU of South Carolina sent a notice letter to the SC SEC regarding this violation. SC SEC must correct the issue or outline a clear plan on how to correct the issue by December 7, 2023. 

The 2023 election in South Carolina is only a couple of months away. If the DMV voter registration process is not remedied, more South Carolina voters may be improperly denied the opportunity to vote this Election Day.  

Defending Civic Engagement Groups

At a Glance

Nonpartisan civic engagement groups are a core part of building a better democracy from the ground up. Despite their work to help voters participate in democracy, civic engagement groups have come under attack, undermining their critical work to expand access to democracy and violating their First Amendment rights. Campaign Legal Center is actively fighting back.

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As long as we have had a representative democracy, civic-minded Americans have worked tirelessly to ensure their neighbors can access it—by registering people to vote, holding voter education events and promoting engagement in the democratic process to build stronger communities.  

Nonpartisan civic engagement groups, composed of civic-minded Americans, have carried this unique American tradition forward from the founding to the present day. 

But recently, these groups’ efforts have come under attack. In state after state, self-interested politicians have introduced and/or passed new laws that would completely undermine or even criminalize the activities of nonpartisan civic engagement groups. These laws are both unconstitutional and unpopular, which is why they are often tucked away in larger anti-voter bills, where they receive less attention. 

Not only do these laws represent a serious attack on civic engagement groups’ constitutional rights to free speech and association, but they would also have clear negative effects on Black and brown voters, low-income voters, voters with disabilities and young voters, groups that civic engagement organizations often prioritize because of a history of disenfranchisement and marginalization

Our democracy is strongest when every voter can make their voice heard. We should celebrate, not punish, the civic-minded organizations and volunteers who help Americans vote. That’s why Campaign Legal Center is fighting back. 

Where CLC is fighting back: