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).

Status
Active
Updated
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.

Alonzo, et al. v. Schwab

At a Glance

Kansas’ 2022 congressional redistricting plan is a partisan and racial gerrymander that violates the rights of Kansan voters under the state constitution. CLC, along with co-counsel, represents 11 voters challenging the unconstitutional plan and demanding a fair map. 

Status
Active
Updated
Issues
About This Case/Action

Kansan voters filed a lawsuit in state court challenging Kansas’ 2022 congressional redistricting plan as a partisan and racial gerrymander that violates the Kansas Constitution. The lawsuit alleges that Kansas violated its own constitution when it enacted a congressional plan that threatens to eliminate the state’s only Democratic congressional seat and its only congressional district in which minority voters can, together with white crossover voters, elect their candidate of choice to Congress. 

The state of Kansas has four members of the U.S. House of Representatives, Republican Tracey Mann, Republican Jacob LaTurner, Republican Ron Estes and Democrat Sharice Davids. This partisan breakdown in Kansas’ congressional delegation — 75% Republican, 25% Democratic — roughly aligns with the state’s political makeup and, if anything, underrepresents Democratic voters. In 2020, Democrats earned over 40% of statewide votes in the presidential, Senate and congressional elections. Kansas also has a Democratic governor, Laura Kelly, who was elected with 48% of the vote, and with a five-point margin, in 2018. 

Nevertheless, at the outset of the 2022 redistricting cycle, Kansas Republicans announced their plan to gerrymander the state’s congressional map to eliminate Davids’ seat. Indeed, then Senate President Susan Wagle promised, “I guarantee you we can draw four Republican congressional maps.” The state made good on this promise during the redistricting process, passing a map that shores up Republican control of the three existing Republican seats and turns Davids’ district, which she has reliably won by 10 points, into a Republican-leaning seat.  

To target Davids’ seat, Kansas Republicans divided the Kansas City metro area into two congressional districts, cracking the power of the area’s Democratic voting bloc in an effort to dilute their voting strength. This splits a widely recognized community of interest into separate congressional districts for the first time in 40 years — a result federal courts have forbidden for the last four decades. It also rejects the will of Kansas voters, whose testimony to the Senate and House Committees on Redistricting overwhelmingly supported preserving Kansas City in a single congressional district.  

Not only is the map drawn for partisan gain, it also dilutes the voting strength of minority voters, preventing them from electing their preferred candidate, currently Sharice Davids, a Native American woman. The map splits Wyandotte County — the state’s only majority-minority county — in two, cracking a congressional district in which minority voters, with white crossover voters, can currently elect their candidate of choice, and instead dividing them into two districts in which there are too few white crossover voters to elect the minority-preferred candidate. 

The Kansas legislature passed this partisan and racially gerrymandered map through an expedited and opaque process. The House approved the map two weeks after its first committee meeting on redistricting; the Senate passed it even more quickly. The hearings also took place without opportunity for meaningful public input, requiring the public to submit comments without access to the data underlying the map. The map initially passed the legislature in late January, and Gov. Kelly vetoed it a week later. The Republican supermajorities in the House and Senate overrode Gov. Kelly’s veto the following week. Not a single Democrat in either chamber voted in favor of the map, and some Republican legislators defected as well.  

On Feb. 14, 2022, 11 Kansas voters, represented by Campaign Legal Center (CLC), the American Civil Liberties Union (ACLU) of Kansas and Arnold & Porter, sued, asking a Kansas court in Wyandotte County to invalidate the map as a partisan and racial gerrymander that violates the protections of the Kansas Constitution. Kansas voters of all parties and races deserve an equal opportunity to translate their votes into political representation — and the Kansas Constitution requires it. 

Campaign Legal Center and ACLU of Kansas Sue Sec. of State and Wyandotte Election Commissioner Over Congressional Redistricting Map, Claiming It Violates Kansas Constitution

Date
Body

Kansas City, KS — Campaign Legal Center and the ACLU of Kansas, along with pro bono assistance from Arnold & Porter Kaye Scholer LLP, filed suit in Wyandotte County District Court on Monday, seeking to block the recently enacted congressional redistricting map, claiming it is a partisan and racial gerrymander.

The suit, Alonzo et al. v. Schwab, against Kansas Sec. of State Scott Schwab and Wyandotte County Election Commissioner Abbott, was filed on behalf of 10 plaintiffs who live in Johnson or Wyandotte counties and one plaintiff who lives in Lawrence. It argues that the new map cracks the most racially diverse county in Kansas in half in an attempt to dilute the voices of minority voters. The lawsuit argues that the congressional map constitutes partisan and racial gerrymandering, violating the Equal Rights and Political Power Clauses, Free Speech and Free Assembly Clauses and the Right to Suffrage provisions of the Kansas Constitution.

“Kansans deserve a fair and neutral map that takes community input into account. The legislature must return to the drawing board ahead of the 2022 election, so Kansans can feel confident that their vote counts,” said Mark Gaber, senior director of redistricting at Campaign Legal Center.

“This map is the product of a rushed legislative process that ignored the expressed concerns of hundreds of Kansans who spoke out at town halls and during hearings. It is a brazen attempt to drown the political voices of Black, urban voters in a sea of white, rural voters for partisan gains,” said Sharon Brett, legal director of the ACLU of Kansas.

Brett said the maps not only will cause irreparable harm to minority voters, but the rushed, irregular process raises questions regarding the map’s partisan and discriminatory aims.

The Kansas Legislature passed the map, dubbed “Ad Astra 2,” on February 9 in a process that took less than two weeks, that ignored public input and that required an override of Gov. Laura Kelly’s veto.

The Ad Astra 2 map slices the Kansas City, Kansas metropolitan area into two different congressional districts. Under the new map, the heavily minority communities in Wyandotte north of the Kansas River would be removed from District 3 and placed in District 2, resulting in significant dilution of the minority voting strength of those voters. The voters that remain in District 3 would likewise have their votes diluted, as southern Wyandotte and the metro-Kansas City communities in Johnson County would combine with rural, white counties to the south and west.

The map also removes Lawrence from District 2, separating it from the rest of Douglas County, and places it into District 1 – a vast, predominately rural district that hugs the border of Colorado and has little in common with the heavily county seat. The lawsuit argues that this move was a partisan one, meant to offset the Wyandotte County Democratic voters moved into District 2.

The lawsuit asks the court to grant declaratory and injunctive relief and force the Kansas Legislature to return to the drawing board to produce a fair, equitable map.

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

Issues