This Vote on Voting Rights Failed, But the Fight Cannot Be Over

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WASHINGTON, D.C. – Trevor Potter, president of Campaign Legal Center (CLC), and a Republican former chairman of the Federal Election Commission, released the following statement:

“Tonight is a disappointing night for all who have been fighting for the Freedom to Vote: John R. Lewis Act (H.R. 5746)—a critical piece of legislation aimed at strengthening our democracy. Indeed, this month and this past year have been rough for everyone who cares about the freedom to vote.

This legislation was crafted with the aim of achieving goals that have long had bipartisan support and are viewed favorably by a strong majority of Americans—goals like prohibiting gerrymandering, increasing disclosure of money spent in federal elections, protecting the freedom to vote, fighting election sabotage by protecting the independence of election officials, and restoring and modernizing the Voting Rights Act of 1965.

These should not have become partisan issues.

I still have hope that we can achieve these goals and so should you. The road ahead might be a bit more challenging, but I urge everyone not to buy into the “All is Lost” media narrative that is already playing out.

The important work of strengthening our democracy must continue. Through litigation and work in the states, groups like Campaign Legal Center (CLC) and our allies have already been scoring wins on multiple fronts in fights against gerrymandering and numerous barriers to voting. Although these wins are mostly incremental, local wins and state work are critical as we push forward.

Members of Congress cannot and should not think they are done with the work needed to strengthen our democracy. They can block moving the legislation forward and go on recess, but they should only do so knowing that their work is not done until voting rights protections are passed and signed into law. 

As the great John Lewis, for whom this bill is named, once wrote, "You must do something. Democracy is not a state. It is an act, and each generation must do its part to help build what we called the Beloved Community, a nation and world society at peace with itself."

With the Freedom to Vote: John R. Lewis Act, the Senate has the 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.

Tonight, we experienced a setback at the hands of 50 Senate Republicans and 2 Senate Democrats. But tomorrow, we get up and continue to push for accessible voting and a democracy that is responsive to the people. In the meantime, I must take this moment to thank Leader Schumer and the other Democratic Senators who spent countless hours fighting for their constituents. Their work cannot be forgotten.

Moving forward, we cannot stop letting Congress know that we care, not until the promise of democracy is truly realized for each and every American.”

Campaign Legal Center Responds to the Nomination of Dara Lindenbaum to the Federal Election Commission

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Campaign Legal Center (CLC) applauds President Joseph R. Biden for acting to avoid a potential vacancy on the Federal Election Commission (FEC) by nominating experienced election law attorney Dara Lindenbaum to serve on the Commission. After multiple periods in which the FEC was hindered by a lack of quorum, the administration’s proactive replacement of a commissioner serving on an expired term should enable the FEC to retain its legal ability to function through the 2022 election.

To reduce political corruption, we need a strong, effective FEC to enforce campaign finance laws and hold political candidates and their donors accountable – the nomination of qualified candidates is an essential component of a successful FEC. We urge President Biden to continue to nominate qualified candidates who are fully committed to protecting the First Amendment rights of all Americans to have their voices heard. 

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

Voting Rights Groups Challenge Washington State Legislative Redistricting Plan

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Tacoma, Washington – Voting and civil rights groups are suing Washington state officials over a state redistricting plan that violates the federal Voting Rights Act and dilutes the voting strength of Latino voters, according to a lawsuit filed Jan. 19, 2022.

Campaign Legal Center (CLC), MALDEF (Mexican American Legal Defense and Educational Fund), the UCLA Voting Rights Project and attorney Edwardo Morfin of the Morfin Law Firm in Kennewick, Washington, filed the lawsuit on behalf of individual Latino Washington voters and a non-profit organization committed to fair redistricting in that state. The lawsuit was filed in the U.S. District Court for the Western District of Washington.

“The Washington State Redistricting Commission’s proposed state legislative map dilutes the voting power of Latinos in the Yakima Valley and Pasco regions, denying them an equal opportunity to elect candidates of choice, as is required under the Voting Rights Act,” said Mark Gaber, senior director, redistricting at Campaign Legal Center (CLC). “Federal and state courts have twice invalidated election systems that discriminate against Yakima Valley’s Latino voters. The Commission’s refusal to learn from these court decisions has necessitated this third lawsuit. The discriminatory voting practices against Latino voters in the Yakima Valley must end.”

“The Washington State Redistricting Commission unfortunately joins a long list of state authorities over the last 20 years that have sought to stem the growing power of the Latino vote in the face of demographic trends,” stated MALDEF staff attorney Ernest I. Herrera. “We ask a federal court to give Latinos in Washington state the electoral opportunity that the Commission denied them.”

According to the complaint, the Washington State Redistricting Commission in November drew its adopted state legislative district plan in such a way that Latino voters will not be able to elect state legislative candidates of their choice in the 15th Legislative District. Attorneys argue that the plan for Yakima Valley, which includes two counties that have majority-Latino populations, disperses Latino voters across several legislative districts with white majorities, a practice known as “cracking.” Instead, the suit claims, commissioners should have drawn a legislative district that actually gives Latino voters an equal opportunity to elect candidates of their choice. According to the 2020 Census, Latinos accounted for over 30 percent of total population growth over the last decade in Washington.

Attorneys argue that the redistricting plans intentionally violate Section 2 of the 1965 Voting Rights Act which prohibits discrimination based on race, ethnicity, and language.

“The fight to defend our democracy and ensure the voting rights of all Americans is taking place through battles in county and state courthouses all across the nation. In Yakima Valley, Latinos have driven the region’s population growth and it is imperative that Washington State does not dilute the ability of Latino voters to meaningfully exercise the right to choose candidates that represent their community’s needs,” said Sonni Waknin, UCLA Voting Rights Project managing attorney and voting rights counsel.

Attorneys are asking the federal court to prevent Washington state from using the maps and instead adopt a plan that includes a majority-Latino state legislative district in the Yakima Valley region that does not dilute the voting strength of Latino voters.

The lawsuit names as defendants Secretary of State Steve Hobbs, Washington State House Speaker Laurie Jinkins and Washington State Senate Majority Leader Andy Billig.

Plaintiffs include eight individual voters from the Yakima Valley and the Southcentral Coalition of People of Color for Redistricting, a non-profit organization whose members include Latino registered voters who reside in the Yakima Valley region and Yakima County.

Read the complaint HERE.

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

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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.