CLC President Trevor Potter Calls for Senate to Approve Pro-Voter Legislation Ahead of Debate

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Trevor Potter, president of Campaign Legal Center (CLC), and a Republican Former Chairman of the Federal Election Commission, released the below statement ahead of Senate debate of the Freedom to Vote: John R. Lewis Act:

"I, like many of you, am anxious to see what will happen on the Senate floor starting today. With the Freedom to Vote: John R. Lewis Act (H.R. 5746), the U.S. Senate has an opportunity to require a strong, free and fair voting system in this country and ensure the ability for every American to participate in safe, accessible and transparent elections.

In the year since the 2020 elections, which saw record-breaking voter turnout, numerous states across our country have responded to that turnout by passing new laws designed to make it harder for some citizens to vote.

In response, the Freedom to Vote: John R. Lewis Act has been crafted to implement crucial measures aimed at strengthening our democracy. It aims to achieve goals that have long had bipartisan support and are viewed favorably by a majority of Americans. These goals include prohibiting gerrymandering, increasing disclosure of money spent in federal elections, protecting the freedom to vote and fighting election sabotage by protecting the independence of election officials.

These basic improvements to our election system should never have become partisan issues. But in the Senate, with the chamber’s current structure, that is what they have become.

It is so critically important that the Senate begin debate on H.R. 5746 this afternoon. It is also crucial that Senators take the time to publicly discuss and debate this bill that such a significant topic requires. For far too long, these measures have languished due to obstruction by political actors who ignore the calls of their constituents as they adhere to other loyalties.

What this bill deserves and what the American people deserve is a full and honest debate on the Freedom to Vote: John R. Lewis Act."

Soto Palmer, et al., v. Hobbs, et al.

At a Glance

CLC and co-counsel are suing to ensure that the voting strength of Latino voters is not unlawfully diluted in state legislative elections in Washington’s Yakima Valley and Pasco region, that this community can remain together and that Latino voters have an equal opportunity to elect candidates of their choice to the Washington state legislature.

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About This Case/Action

Campaign Legal Center (CLC) and co-counsel, the UCLA Voting Rights Project and the Mexican American Legal Defense and Educational Fund (MALDEF), are representing individual Latino voters and the Southcentral Coalition of People of Color for Redistricting in a federal lawsuit challenging the state legislative map drawn by the Washington State Redistricting Commission (commission) as having the intent and effect of diluting the voting power of Latino voters in violation of Section 2 of the Voting Rights Act (VRA).

Washington’s Yakima Valley and Pasco regions are home to a large Latino voting population, and elections in the area routinely exhibit high levels of racially polarized voting. In drawing a new state legislative district map following the release of the census data in 2021, the commission was aware that a majority-Latino state legislative district in the area that allows Latino voters an equal opportunity to elect candidates of their choice was required under the VRA. Instead, the commission configured legislative district 15, which includes parts of the Yakima Valley and Pasco, to appear to be a Latino opportunity district. As drawn by the commission, district 15 has just a 50.02% Latino citizen voting age population (LCVAP), and excludes adjacent active Latino voters, instead including areas with lower Latino voter turnout and a large number of rural white voters. In addition, district 15 is up for election in a non-presidential year, which election data shows results in lower Latino voter turnout. Election results (and analysis provided to the commission) confirm that the district is unlikely to allow Latino voters an equal opportunity to elect candidates of their choice to the legislature in violation of the VRA.

The commission could have avoided creating a façade Latino opportunity district, as it is possible to draw alternative configurations of district 15 containing a higher LCVAP percentage and which would provide a real opportunity for Latino-preferred candidates to be elected to the state legislature. Further, at least one of the commissioners has admitted that the commission’s legislative district 15 will not elect Latino candidates of choice.

On Jan. 18, 2022, CLC and partners filed a complaint alleging that the plan has the intent and effect of diluting Latino voting strength in the Yakima Valley and Pasco regions in the U.S. District Court for the Western District of Washington. Plaintiffs ask for the plan to be enjoined and the court to set a schedule for the adoption of a plan that includes a state legislative district in the Yakima Valley region that does not dilute the voting strength of Latino voters.

Background

In the past decade, a number of successful lawsuits under the VRA and the Washington Voting Rights Act (WVRA) have required several jurisdictions in the Yakima Valley region to reconfigure their election systems and district maps so as to not dilute Latino voting strength. For example, both the City of Yakima and City of Pasco did so after suits were filed under the federal VRA.

More recently, CLC and co-counsel MacDonald Hoague & Bayless brought a suit against the at-large system of election used in Yakima County, which diluted the voting strength of the county’s Latino voters. This was the first case ever brought under the WVRA. CLC and co-counsel obtained a historic settlement resulting in changes to the county’s election system that will for the first time allow Latino voters an equal opportunity to elect their candidates of choice to the county board. In addition, Latino voters are currently challenging Franklin County’s election system as diluting Latino voting power under the WVRA.

These lawsuits show that the large population of Latino voters in the Yakima Valley routinely experience vote dilution, and the suits have developed voluminous evidence of the high levels of racially polarized voting and discrimination faced by Latino voters. The repeated pattern of vote dilution in the region demonstrates the need for a majority-Latino state legislative district that keeps the Latino community of the Yakima Valley and Pasco region together and provides an equal opportunity to elect candidates of choice.

Plaintiffs

Soto Palmer

Defendant

Secretary of State Steve Hobbs, Washington State House Speaker Laurie Jinkins and Washington State Senate Majority Leader Andy Billig.

U.S. House Passes Key Pro-Voter Legislation, U.S. Senate Must Follow

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Trevor Potter, president of Campaign Legal Center (CLC), and a Republican Former Chairman of the Federal Election Commission, released the below statement following the U.S. House of Representatives’ passage of the Freedom to Vote: John R. Lewis Act (H.R. 5746):

“As the 2022 midterms rapidly approach, Congress is doing what needs to be done to advance legislation protecting the freedom to vote. Protecting our democracy is not a partisan issue. 

The U.S. Senate now has the opportunity to restore a strong, free and fair voting system in this country and ensure the ability for every American to participate in safe, accessible and transparent elections. This bill contains crucial measures to strengthen our democracy — to prohibit gerrymandering, disclose money spent in federal elections, protect the freedom to vote and fight election sabotage by strengthening protections for the independence of election officials. These should not be partisan issues.

This legislation not only addresses recently enacted threats to our democratic institutions but addresses concerns that have long been problematic. It is imperative that it pass.” 

Statement by Trevor Potter on the Urgent Need for Pro-Voter Legislation

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Trevor Potter, president of Campaign Legal Center (CLC), and a Republican Former Chairman of the Federal Election Commission, released the following statement:

“One year ago today, we witnessed a substantial attack on a cornerstone of our democracy: the peaceful transfer of power. Last January 6 illustrated a democracy in crisis: a violent attack on Congress while it was counting the Electoral College votes, and an attack by many Republican members of Congress on the right of voters in the states to elect the President through their Electoral College choices.

In response to the record turnout in 2020, a number of states have passed new laws designed to make it harder to vote, particularly targeting the ability to vote absentee, something that a huge number of Americans did in 2020. In response to these state attempts to limit voting, several promising voting rights bills have passed the House. However, the Senate has not been able to begin debate—let alone pass—even a single piece of legislation to strengthen our democracy and protect fair and free elections.

This is because the chamber’s filibuster rules have been abused in order to prevent even starting a debate on these most-needed voting rights measures. If that does not change now (and there is no sign yet that it will) then modifying the filibuster rules to bypass the continued obstruction of these pro-voter measures will be the only way to pass meaningful democracy legislation such as the Freedom to Vote Act and the John Lewis Voting Rights Advancement Act.

The Senate has changed the filibuster rules frequently in the last decades, and now may be the time to do so again. These two bills are based on ideas that have long had bipartisan support at both the federal and state levels. The bills promote the freedom to vote, ensure fairness in redistricting and curb secret political spending, also known as dark money. They represent the will of the people—as public opinion poll after public opinion poll shows without question that voters support national standards protecting the freedom to vote.

There are other key bills that must also pass. These include  The Protecting Our Democracy Act (which would create and strengthen guardrails preventing the abuse of executive power and restore Congress as a meaningful check on executive authority) which has passed the House and is awaiting a Senate vote. Additionally, legislation to update the Electoral Count Act, which regulates the counting of the votes for President and Vice-President, is a necessity before the next election. However, these proposals are not a substitute for the Freedom to Vote Act and the John Lewis Voting Rights Advancement Act currently before the Senate. All of these measures are needed to protect our political system and preserve our democracy for generations to come.”