Campaign Legal Center Files Brief in Pursuit of Voting Rights for Tennessee Citizen

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Nashville, Tennessee - Campaign Legal Center (CLC) has filed an application at the Tennessee Supreme Court to appeal the case of Ernest Falls, who has been denied the right to vote for failure to prove that he does not owe court costs related to a 1986 felony conviction in Virginia.

Under Tennessee law, a person convicted of a felony in another state is disqualified from voting unless their civil rights have been restored in the state where they were convicted or under Tennessee’s rights restoration process. This precedent was supported by a 2019 letter written by Tennessee Elections Director Mark Goins.

In February 2020, the Governor of Virginia provided Mr. Falls with an individualized grant of clemency restoring his full rights of citizenship. Mr. Falls subsequently registered to vote, unaware that Mr. Goins had changed his position, deciding instead that all individuals convicted of felonies must prove they meet the criteria of Tennessee’s administrative voting rights restoration process, which includes payment of court costs and restitution.

Mr. Falls was unable to obtain such documentation on his over 35-year-old court case, and thus his voter registration was denied.

“Individuals with felony convictions deserve the freedom to vote and the opportunity to be full, active participants in our democracy,” said Paul M. Smith, senior vice president of Campaign Legal Center. “State and federal policies should uniformly protect the right to vote and promote voter participation across the United States. Democracy works best when all citizens can vote without barriers.”

Tennessee’s Constitution and statutes do not authorize the Secretary of State to deny the right to vote to individuals with out-of-state convictions if they have had their full rights of citizenship restored by the other state. Having faced setbacks at both the Chancery Court and the Court of Appeals of Tennessee at Nashville, Mr. Falls now seeks to appeal the decision of the Tennessee Court of Appeals.

"The Tennessee legislature made a clear choice to honor civil rights restorations in other states and that provision has not been touched in nearly 40 years. Ernest Falls' right to vote has not been deprived under state law and thus does not need to be restored,” said Blair Bowie, senior legal counsel and Restore Your Vote manager at Campaign Legal Center. “The Director of Elections does not get to decide to move the goal posts one day.”

Our democracy is better off when everyone participates. The Tennessee Supreme Court should take up this important case and protect Mr. Falls’ right to vote.  

At Campaign Legal Center, we are advancing democracy through law. Learn more about our work.

Issues
Voting and Elections

Campaign Legal Center, Greater Birmingham Ministries Sue Alabama Secretary of State for Failure to Comply with National Voter Registration Act

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Birmingham, Alabama - Today, civil rights organization Greater Birmingham Ministries (GBM) filed a lawsuit in the U.S. District Court for the Northern District of Alabama against Alabama Secretary of State, John H. Merrill, for violating the National Voter Registration Act (NVRA) by refusing to produce records pertaining to purged voter lists and people denied the right to vote because of felony convictions.

As part of its organizational mission, GBM assists Birmingham community members with voter registration and restoration. This work requires the list of registered voters who were purged from the voter rolls following the 2020 election and the list of applicants who were denied voter registration or removed from the voter rolls because of past felony convictions. Under the NVRA, the Secretary is required to keep this data and disclose it upon request. Secretary Merrill, however, is refusing to produce some of the requested documents, and demanding payment for others, even though they are available in electronic form and should be produced free of charge. Campaign Legal Center (CLC) and McGuire & Associates, LLC are representing GBM.

“The freedom to vote is the cornerstone of our democracy, and our democracy is stronger when more eligible voters can participate. Greater Birmingham Ministries helps ensure more Alabama citizens can make their voices heard,” said Paul Smith, senior vice president at Campaign Legal Center. “Sadly, it is clear that the court now needs to step in and protect that freedom by compelling the state to produce the lists Greater Birmingham Ministries needs to help ensure our elections are safe, accessible and transparent.”

“Alabama should end its shameful history of inequity in applying federal law only to some constituencies. Alabama must adopt a practice of complying with clearly lawful requests for information necessary to successfully assist qualified citizens as they return to their communities and participate in the fullness of civic engagement, including exercising the right to vote,” said Scott Douglas, executive director of Greater Birmingham Ministries. “The benefits of comprehensive re-integration accrue not only to formerly convicted persons, but also to our society as a whole. Unfortunately, Alabama officials continue to take a page from the Alabama Constitution of 1901 in seeking to deny African-Americans and poor citizens their right to vote and determine who leads our municipalities, counties and state.”

In 2017, Alabama passed a law clarifying what felony convictions take away a person’s right to vote. The law confirmed the eligibility of tens of thousands of Alabama citizens, who formerly lacked clarity on their right to vote. Secretary Merrill declined to notify affected citizens of the change, and many election officials remain confused about registering voters with past convictions. As a result, citizens with prior non-disqualifying convictions continue to report being wrongly denied voter registration more than five years later. Additionally, many citizens who do have disqualifying felony convictions are not aware they are eligible to have their voting rights restored.

GBM’s outreach efforts aim to identify and correct unlawful denials of voter registration, educate citizens with felony convictions of their eligibility to vote and assist them in accessing the ballot box. In order to accomplish this and ensure that all eligible applicants are registered to vote in Alabama, GBM requested a list of voters who were denied registration or purged from the rolls because of a felony conviction.

The court must ensure that the state produces lists of voters purged from the rolls and citizens who were removed or denied registration due to a felony conviction. This will enable good government and civil rights groups to continue to protect Alabama residents’ freedom to vote, ensure that voters’ voices are heard and guarantee that the state’s elections are safe and accessible for all.

At Campaign Legal Center, we are advancing democracy through law. Learn more about our work.

Issues
Voting and Elections

Greater Birmingham Ministries v. Merrill

At a Glance

Campaign Legal Center (CLC) filed a lawsuit against the Alabama Secretary of State on behalf of Greater Birmingham Ministries (GBM) to seek public records related to lists of purged voters, as well as Alabamians denied the right to vote due to felony convictions under the National Voter Registration Act (NVRA).

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Active
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Issues
Voting and Elections
About This Case/Action

GBM engages in voter outreach efforts for its community members, including ensuring Alabamians maintain their active registration and helping eligible Alabamians with prior felony convictions apply for rights restoration and register to vote. To do its work, GBM needs up-to-date public registration records, which Alabama is required to make public under the National Voter Registration Act (NVRA). Unfortunately, Alabama has failed to do so.  

In May 2021, GBM sought the list of the voters removed from the voter rolls by the state’s list maintenance process, so GBM could encourage eligible voters to re-register to vote. These records allow GBM to reach out to eligible voters to reregister to vote and ensure voters are not being unlawfully purged by Alabama’s list maintenance process. 

In July 2021, GBM also requested the state’s list of voter registration applicants and registered voters who were denied registration or were purged by reason of a felony conviction. GBM uses these records in response to help Alabamians determine their eligibility to vote under a law passed by Alabama in 2017, which identified a limited list of felony convictions that are disqualifying. GBM uses these records to check for potential unlawful voter registration denials for people with prior, nondisqualifying felony convictions. Addtionally, GBM helps people disqualified for felony convictions understand if they are eligible for rights restoration and navigate the application process if so. 

Alabama has denied both requests in violation of the NVRA. First, Alabama refused to produce the list of purged voters without payment. Second, the state refuses to provide any list regarding voter registration denials or voter purges by reason of a felony conviction. These denials violate the NVRA’s Public Disclosure Provision, which requires that the state provide electronic copies of registration records which accurately reflect the current official lists of eligible voters free of cost. 

GBM’s efforts prevent unlawful voter registration denials and mitigate voter confusion for Alabama voters. Public disclosure of these records ensures that states comply with their obligations under the NVRA to maintain accurate and up-to-date voter lists and prevents unlawful voter registration denials. The court must step in to ensure that Alabama complies with its obligations under the NVRA to disclose public records about voter registration.

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