Kedric Payne, Campaign Legal Center Vice President, General Counsel and Senior Director for Ethics, Testifies Before the Senate Judiciary Committee

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WASHINGTON, D.C. – Today, Kedric Payne – Vice President, General Counsel, and Senior Director of Ethics at Campaign Legal Center – testified before the United States Senate Committee on the Judiciary, during a hearing on Supreme Court Ethics Reform. 

“The scandals surrounding the Supreme Court in recent months and years have led to a significant decline of public trust in the Court,” said Kedric Payne. “The Supreme Court can increase public trust in the judiciary by establishing specific and relevant ethics practices that have already proven effective in the other two branches of government.” 

Ethics rules for the Supreme Court (SCOTUS) lag behind those for executive and legislative branch officials and even other federal judges. Supreme Court Justices determine for themselves if they will recuse from cases where they may have conflicts of interest. They also are exempt from following an official code of conduct. Justices oftentimes fail to publicly disclose information about privately sponsored trips. With no ethics enforcement body, there is no way to ensure the Justices behave ethically.  

Some reforms that could make SCOTUS more ethical – and trustworthy by public standards – include:   

  • An internal ethics enforcement body. 

  • A code of conduct for the Supreme Court.  

  • Non-binding reviews of Justices’ recusals by the Judicial Conference. 

  • More disclosure requirements for privately sponsored travel. 

Public trust is a bedrock upon which all our democratic institutions rely – including the Supreme Court. The Court now has a golden opportunity to reassure the public that it understands this fundamental truth and will work towards becoming a more ethical branch of our federal government.

Issues

Pro-Democracy Groups Sue Louisiana Over Inequitable Felony Disenfranchisement Scheme

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Baton Rouge, LA Today, Campaign Legal Center (CLC) and Bill Quigley of Loyola University Law School filed a lawsuit on behalf of Voice of the Experienced (VOTE), the Power Coalition for Equity and Justice (Power Coalition) and the League of Women Voters of Louisiana (LWV of Louisiana) asking the U.S. District Court for the Middle District of Louisiana to declare a part of the state’s felony disenfranchisement scheme unconstitutional and illegal under federal voting rights law. 

Currently, Louisianans who were removed from the voter rolls because of a felony conviction cannot register when they become eligible unless they present additional documentation from the Department of Public Safety and Corrections (DPSC), which can be difficult to obtain. This paperwork is an unnecessary burden because DPSC already provides election officials with the information to confirm registrants’ eligibility after a felony conviction. 

Moreover, individuals with past felony convictions who had not been previously registered to vote have no such paperwork requirement. Tens of thousands of Louisianans with past felony convictions whose voting rights have been restored could be denied registration because of this policy. 

This burdensome additional requirement and arbitrary treatment of people with felony convictions who are attempting to re-register to vote violates the National Voter Registration Act (NVRA) and the Equal Protection Clause of the 14th amendment. The NVRA prohibits states from creating additional documentation requirements to register to vote beyond the voter registration form itself. The lawsuit asks the court to remove arbitrary state-imposed barriers that disenfranchise formerly incarcerated individuals.  

“Louisiana's arbitrary and unnecessary requirement for formerly incarcerated people attempting to re-register to vote denies them a full and equal voice in the political process and perpetuates longstanding disparities in democratic participation,” said Paul Smith, senior vice president at Campaign Legal Center. 

“Some people finished their sentences decades ago, and are being told to see their parole officer and get paperwork. Others have only ever been on probation, and should never have been suspended at all. Ultimately, it is a waste of everyone’s resources to try and help one person after another navigate a redundant requirement,” said Bruce Reilly, deputy director of Voice of the Experienced (VOTE). 

“We have stood with our founding and anchor partner, Voice of the Experienced, from the beginning with the passage of Act 636, re-enfranchising formerly incarcerated voters,” said Ashley Shelton, founder, president and CEO of the Power Coalition for Equity and Justice. “The legislature did the right thing by restoring rights and it is just as important to do it the right way, in compliance with the NVRA. We waste the time of citizens and advocates when we overcomplicate what federal law has already protected.”

“Voting should be a simple, accessible process for all Louisianans, including those with prior felony convictions,” said M. Christian Green, president of the League of Women Voters of Louisiana. “Our state’s current  process places an unnecessary burden on Louisiana voters and only hinders their ability to participate fully in our democracy. Restoration of voting rights is an essential part of full participation in society for those with past felony convictions.” 

“Voting should never be a burden,” said Celina Stewart, chief counsel and senior director of advocacy and litigation at the League of Women Voters of the US. “Louisiana's current policy imposes inequitable barriers on voters with past felony convictions and clearly violates the letter and purpose of the National Voter Registration Act. Every eligible voter deserves equal access to the ballot, free from unnecessary obstruction and arbitrary processes that further disenfranchise them.” 

 

VOTE will be speaking on this issue at their Legislative Advocacy Day on May 2nd at 12pm CT at the Louisiana State Capitol. RSVP to [email protected] if you plan to attend.

More information on the lawsuit is available here, and the complaint can be found here.

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Fighting Louisiana’s Unnecessary Barriers for Re-enfranchised Voters (VOTE v. Ardoin)

At a Glance

CLC represents Voice of the Experienced, Power Coalition for Equity and Justice, the League of Women Voters of Louisiana and their members with past convictions who are seeking to register to vote after their rights were restored. 

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About This Case

This case challenges Louisiana’s requirement that some voters with felony convictions provide documentary proof of eligibility to register to vote, while other voters, even some who also have felony convictions, are not required to do so. Plaintiffs’ claims arise under the National Voter Registration Act (“NVRA”) and the Equal Protection Clause of the Fourteenth Amendment.   

Louisiana’s felony disenfranchisement scheme is a vestige of Jim Crow, borne from efforts to use the criminal legal system to suppress the Black vote. Until 2019, Louisiana had one of the highest voter disenfranchisement rates for individuals with felony convictions in the United States.  

In 2019, the Louisiana Legislature passed Act 636, which provided that certain individuals with felony convictions on probation or parole are  allowed to register to vote. Act 636 opened the door to voting rights restoration for more than 30,000 Louisianans on either probation or parole and has allowed for the restoration of tens of thousands more since.   

Still, Louisiana has struggled to implement access to the right to vote for individuals with felony convictions. Initially under Act 636, individuals had their voting rights restored only after they submitted documentation from the Department of Corrections to a local registrar’s office showing that they are eligible to register to vote.   

This paperwork is not readily available to many affected citizens and the requirement prevented many Louisiana citizens from registering. Moreover, parishes inconsistently implemented the paperwork requirement and did not adequately advise individuals about how to obtain the necessary documentation.   

In 2021, the Louisiana legislature passed Act 127 to remove the paperwork requirement for rights restoration, making it clear that individuals with felony convictions can register to vote regardless of whether they present proof of eligibility to the registrar.  

However, the State continues to require documentary proof of eligibility from prospective voter registrants who were registered prior to their felony convictions and thus had their registrations “suspended” because of their conviction. The paperwork requirement for “suspended” voters continues the long history of erecting additional barriers to voting for individuals with felony convictions. 

Louisiana’s paperwork requirement violates the NVRA, which prohibits states from requiring  registrants to provide additional documentation beyond the voter registration form. The documentary proof of eligibility requirement also violates the Equal Protection Clause of the Fourteenth Amendment because the requirement arbitrarily treats “new” and “suspended” voters differently, despite the fact that such voters stand in the same shoes.  

Moreover, Louisiana’s criminal and election agencies already maintain and share data regarding individuals’ felony convictions, making the additional documentation requirements unnecessary and inefficient. 

Our democracy works best when all voters can participate. We’re fighting this policy of unequal treatment for certain voters impacted by the criminal legal system to ensure that all voters can access the ballot.  

North Carolina Takes Multiple Steps Backwards When It Comes to Inclusive and Accountable Democracy

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Washington, DC – Today, the North Carolina Supreme Court issued a trio of decisions rolling back fundamental protections against partisan gerrymandering, revoking voting rights for individuals with a felony conviction and reinstating a racially discriminatory voter ID requirement. Paul Smith, senior vice president at Campaign Legal Center (CLC), issued the following statement in response to those decisions:  

“Make no mistake, the decisions the North Carolina Supreme Court issued today are a huge step back for democracy. 

In a healthy democracy, voters choose their politicians – not the other way around. Yet the court’s decision in Harper v. Hall abdicates the court’s role in ensuring voting maps are fair. The court has handed North Carolina state lawmakers virtually unchecked power to manipulate voting maps and lock in their own power in perpetuity. 

That these undemocratic decisions came after the court’s majority flipped in 2022 is certainly no coincidence. Following a congressional election in which an independent special master drew fair maps that resulted in a 7-7 partisan split, this unprecedented reversal is a blatant political power grab. 

Blame also lies with the U.S. Supreme Court, which washed its hands of any responsibility to address partisan gerrymandering in the 2019 Rucho v. Common Cause decision. This has led to a shifting patchwork of democracy across the fifty states, with voters paying the ultimate price. It is now vital that the Supreme Court step in to uphold our system of checks and balances to preserve the role of state courts in facilitating a healthy democracy. 

At a time when more and more states are dismantling felony disenfranchisement, a relic of Jim Crow that disproportionately silences Black voters, North Carolina is moving backwards. The court’s decision in Community Success Initiative v. Moore revokes the freedom to vote for people with felony convictions on probation or parole, silencing tens of thousands of Americans who deserve to have a say on the issues that directly impact their lives.  

Not only did the North Carolina Supreme Court refuse to reckon with the historical and present-day racial discrimination of felony disenfranchisement, but the decision will also sow widespread confusion among voters as many individuals who are on probation or parole have been eligible to register and vote for the past year. The state must take immediate action to ensure that those voters are notified of the decision as soon as possible. Moreover, the state legislature must concurrently act to restore the voting rights of all North Carolinians with prior felony convictions to achieve a truly inclusive democracy. 

Courts have a vital role in preserving the freedom to vote and ensuring voters are the ones who decide elections, not self-interested politicians. Along with our local partners, CLC will continue to fight for a fairer and more inclusive democracy – one in which every American is guaranteed an equal voice." 

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Rights Restoration and the Criminalization of Voting

Campaign Legal Center's virtual event, "Rights Restoration and the Criminalization of Voting" was held on May 8, 2023 and featured a panelist discussion on the issue of felony disenfranchisement.

Over 5 million Americans are currently silenced in our democracy because of a past felony conviction. This level of disenfranchisement is a product of legislation enacted during the Reconstruction period which intentionally sought to strip Black Americans of their newfound freedom. Today, these laws continue to disproportionately impact Black and brown voters.

CLC’s Podcast, Democracy Decoded, Wins Two Webby Awards!

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WASHINGTON, D.C. —  Campaign Legal Center is pleased and proud to announce that our podcast, Democracy Decoded, has been honored by The Webby Awards, receiving both the judged Webbby Award for Podcasts - Public Service & Activism 2023, as well as the publicly voted People’s Voice award in the same category.  


Setting out to answer the question, “Why does American Democracy look the way it does today and how can we make it more responsive to the people it was formed to serve?” Democracy Decoded examines our government and discusses innovative ideas that could lead to a stronger, more transparent, accountable and inclusive democracy. Host (and CLC Legal Counsel for Redistricting) Simone Leeper speaks with experts from across the political spectrum and takes a deep dive into the forces fueling our elections, not just in our nation’s capital but at all levels of government. The producers for season one were Casey Atkins, CLC’s Manager for Multimedia and Brendan Quinn, CLC’s Senior Communications Manager for Campaign Finance and Ethics.  


Dubbed “The Internet’s Highest Honor” by the New York Times, The Webbys is presented by the International Academy of Digital Arts and Sciences (IADAS)—a 2000+ member judging body. The Academy is comprised of Executive Members—leading Internet experts, business figures, luminaries, visionaries and creative celebrities—and Associate Members who are former Webby Winners, Nominees and other Internet professionals. 


“It is an incredible honor to be recognized by the Webbys - not only by the Academy but by the voting public as well,” said Sandhya Bathija, Vice President of Communications at Campaign Legal Center, “The issues tackled in our first season – the impact of money on American elections and our political system overall – are so important and so often overlooked. It is heartening to see this season recognized so that more listeners can hear the powerful stories told by our guests and experts. To reduce political corruption, we need real transparency about who is spending to influence our elections and our government and by recognizing our podcast, the Webby Awards has helped educate voters about the problems real people face in our democracy and ensure more Americans are informed about the issues that impact them every day. Thank You!” 


The first season of Democracy Decoded was released in the early part of 2022 and focused on campaign finance issues – featuring interviews with experts from across the country and across the political spectrum to help examine the influence of money on our political system. Airing last fall, season 2 focused on voting rights, utilizing guest expertise and voter input to analyze how differing laws and regulations affect Americans in different states and municipalities.  

For journalists telling the story of our broken political system, the podcast features compelling stories and solutions that can guide your reporting. All audiences can stay tuned for season 3 later this year...  


Campaign Legal Center would like to thank each and every person who has made Democracy Decoded possible – this win would not have been possible without your valuable insight, expertise and devotion to American Democracy. Thank you! 

 

 

LISTEN TO THE PODCAST HERE 

Opposing Unlawful Campaign Coordination Between Candidates and Super PACs — CLC v. Correct the Record and Hillary for America

At a Glance

Campaign Legal Center sued the FEC after it deadlocked and dismissed CLC’s complaint alleging illegal coordination between Hillary Clinton’s 2016 campaign and the super PAC Correct the Record. Although CLC won this case, the Commission failed to conform with the court order. CLC has exercised its right to file a direct suit.

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In the 2016 elections, the super PAC Correct the Record (CTR) — notorious for its plans to “push back against” Hillary Clinton’s critics online — declared that it would coordinate its activities with Hillary Clinton’s presidential campaign, Hillary for America.

Under federal law an individual could only contribute $2,700 to Clinton’s campaign in 2016. However, as an “independent” super PAC, CTR could accept unlimited amounts from individual donors or corporations — as long as the super PAC did not coordinate with the Clinton campaign. If CTR’s spending was coordinated, the law would treat that spending as a contribution, since it would no longer be independent and would have had substantial value to the Clinton campaign.

Despite spending over $9 million on opposition research, campaign spokesperson training and booking, video production, press outreach, and other activities — many of which, by CTR’s own admission, were conducted in coordination with the Clinton campaign —the Clinton campaign never reported receiving in-kind contributions from CTR, and CTR never reported the activities as contributions.

In October of 2016, CLC filed a complaint with the FEC alleging that CTR had made, and the Clinton campaign had received, millions of dollars in illegal, unreported, and excessive in-kind contributions in the form of coordinated expenditures.

Following CLC’s complaint, the FEC’s general counsel recommended that the agency investigate the matter, but the FEC nonetheless deadlocked, voting 2-2 on whether to follow the recommendation of its career attorneys.

CLC sued, arguing that the FEC’s dismissal of the complaint was “arbitrary, capricious, and an abuse of discretion, and otherwise contrary to the law.” After several years of litigation, the district court held that the FEC had acted contrary to law in dismissing CLC’s complaint. The court ordered the FEC to conform with its decision within 30 days, but the FEC refused to do so.

Upon the FEC’s decision not to conform with the court order, CLC filed this citizen suit against CTR and the Clinton campaign under a provision of the Federal Election Campaign Act that authorizes private suits in these circumstances.

CLC’s lawsuit asks the court to declare that CTR and the Clinton campaign violated the Federal Election Campaign Act and order them to provide CLC and the FEC with the information it illegally concealed regarding the millions of dollars of in-kind contributions the super PAC and campaign made and received.

 

What’s at Stake?

The Commission’s failure to hold CTR and the Clinton campaign accountable for up to $9 million in coordinated spending creates a loophole that would allow many millions of dollars of over-the-limit contributions to flow from outside groups to federal candidates. Furthermore, the in-kind contributions the super PAC made to the Clinton campaign were unreported, concealing the campaign’s sources of financial support from public scrutiny.

This citizen suit takes on the job that the FEC failed to do: to crack down on coordination between purportedly independent super PACs and the campaigns they seek to subsidize, and to shine a light on the illegal and often undisclosed contributions that result from such schemes.

Plaintiffs

Campaign Legal Center

Defendant
  • Hillary for America
  • Correct the Record