Federal Agencies Must Act to Strengthen the Freedom to Vote

At a Glance

In 2021, President Biden issued an executive order directing federal agencies to increase access to voting and develop plans to achieve those goals. Campaign Legal Center wrote to several agencies encouraging them to deliver on those directives and identifying ways they can expand access to the ballot box.

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Active
Updated
Issues
Voting and Elections
About This Case/Action

The right to vote is a basic American freedom but many Americans, especially in communities of color, face significant obstacles to exercising that fundamental right. The United States has an ugly history of denying voters of color the freedom to vote and, while significant progress has been made, there is still a long way to go to achieve an inclusive democracy that is truly of, by and for the people.

Black voters and other voters of color have encountered discrimination in voting for generations and many obstacles persist to this day. Marginalized voters frequently face difficulty registering to vote, diminished access to polling places and vote by mail, limited or inaccurate election information and other barriers to the ballot box.

For example, a recent study found that voters in predominantly Black neighborhoods waited 29 percent longer, on average, than those in white neighborhoods. They were also about 74 percent more likely to wait for more than half an hour.

Limited access to language assistance remains a barrier for many communities, including Latino and Asian voters, and people with disabilities are routinely denied accommodations that would aid them in exercising the freedom to vote privately and independently.

An estimated 24 million Americans have a prior felony conviction, including 5 million people who are currently disenfranchised by that conviction. However, because of complicated laws, misinformation, and poor administration, millions of Americans with felony convictions remain de facto disenfranchised, despite being eligible to vote. Similarly, most of the roughly 750,000 people detained in jails across the country are also eligible to vote, but face a net of practical barriers that make it nearly impossible to exercise their freedom to vote.

The Voting Rights Act of 1965 and subsequent laws clearly state that the federal government, in conjunction with election officials in states, localities, territories and tribal land, have a role to play in dismantling discrimination in voting and promoting equitable access to democracy.

Since the Executive Order was issued in March 2021, Campaign Legal Center has written letters to multiple federal agencies to provide guidance on how to achieve the Executive Order’s vision for democracy and identifying specific steps agencies can take to advance the freedom to vote for every American.

CLC President Reacts to Passing of Karen Hobert Flynn, Common Cause President

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Earlier today, Common Cause announced that its president, Karen Hobert Flynn, has passed away. The following is a statement from Trevor Potter,  founder and president of Campaign Legal Center:

"Karen Hobert Flynn’s dedication to protecting and strengthening our democracy was unwavering. Her leadership on issues of critical importance will be greatly missed, including safeguarding the freedom to vote, ethics, and transparency in the sources of funding for our elections and candidates. 

Under Karen’s direction, Common Cause was focused on fostering a more inclusive government at all levels, pursuing urgently needed reforms to serve voters. 

On a personal note, I would like to say that I have valued working with Karen over the years and always appreciated her advice and counsel. 

On behalf of Campaign Legal Center, I wish to convey our sincere condolences to Karen’s family and the entire Common Cause team."

Fair Maps for the People—How Redistricting Shaped the 2022 Election

Submitted by ekrug on

Campaign Legal Center's virtual event, "Fair Maps for the People: How Redistricting Shaped the 2022 Election" was held on February 24, 2023.  

Panelists examined how federal and state court decisions in redistricting cases likely determined control of the U.S. House of Representatives, compared states with fair maps and states where maps were gerrymandered or discriminated against voters of color and discussed solutions that are most likely to produce fair maps.  

VICTORY: Court Denies Arizona’s Move to Toss Lawsuit Challenging Anti-Voter Law

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Washington, D.C. – This afternoon, the U.S. District Court for the District of Arizona denied the State of Arizona’s motion to dismiss a lawsuit challenging two recently enacted anti-voter laws, H.B. 2492 and H.B. 2243, for imposing severe, arbitrary and discriminatory burdens on Arizona voters that undermine their freedom to vote and violate federal law.

“We have a choice between a democracy that is inclusive of all voters or one that excludes voters based on where they live or where they are from. This is a victory for every Arizonan, but especially for Latino and Native voters who have faced significant and pervasive barriers to accessing the ballot box,” said Danielle Lang, Senior Director of Voting Rights at Campaign Legal Center. “We are thankful Arizona’s motion to dismiss our lawsuit was denied and look forward to defending Arizonans’ freedom to vote in court.” 

Campaign Legal Center (CLC), the Department of Justice of the San Carlos Apache Tribe, Barton Mendez Soto PLLC, Free Speech for People and Mayer Brown, LLP filed the lawsuit on behalf of Living United for Change in Arizona (LUCHA), League of United Latin American Citizens (LULAC), Arizona Students’ Association (ASA), Arizona Democracy Resource Center (ADRC), Arizona Coalition for Change (ACC), the Inter Tribal Council of Arizona (ITCA) and the San Carlos Apache Tribe. 

Under the challenged law, many Arizonans are denied the freedom to vote based on the type of voter registration form they submit and whether they can obtain, copy and submit additional paperwork that proves their current residence and U.S. citizenship status with their voter registration. Voters are already required to attest to these facts – under penalty of perjury – to register to vote, and federal law prohibits states from imposing additional requirements to register to vote in federal elections. 

This policy discriminates against entire sectors of voters, including Native voters who face unique barriers to voting. Due to continued disinvestment in Native communities, voters living on tribal lands do not always have street addresses assigned to their homes and often cannot provide proof of a residential address. Arizona’s law asks voters to go far beyond what is already required under federal law, posing a potentially insurmountable barrier to voting for many Native voters.  

The law even goes so far as to prohibit voters who do not submit burdensome, unnecessary paperwork from voting early or by mail and prevents them from voting in presidential elections at all.

H.B. 2492 further discriminates against naturalized citizens by requiring them to disclose their place of their birth, which is irrelevant to any voter qualification. The law could also subject voters to investigation and prosecution if the information they provide contradicts the information in stale, faulty databases. 

The lawsuit, filed in federal district court against Arizona Secretary of State Adrian Fontes, alleges that H.B. 2492 and H.B. 2243 violate the U.S. Constitution, the Civil Rights Act of 1964, the National Voter Registration Act, and the Voting Rights Act. The lawsuit asks the court to block enforcement of the law’s challenged provisions.

Issues
Voting and Elections
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