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Opinion issued by the three-judge panel, and filed by Circuit Judge Tatel, denying the state's request for a declaratory judgment.
It is argued that the Court should reverse the District Court's judgment based on: (1) Just as the taxpayers had Article III injury to challenge the legality of the line-item-veto procedure that retained a substantively lawful tax liability, candidate Nix has Article III injury to challenge the legality of the Section 5 procedure that is retaining substantively lawful electoral burdens; (2) Just as the President’s unconstitutional cancellation of the Medicaid funding law did not “nullify” that law, the unconstitutional Section 5 cannot “nullify” Kinston’s referendum; and (3) Just as the taxpayers brought a facial challenge to the line-item veto even though the President’s cancellation discretion was non-reviewable, Plaintiffs can bring a facial challenge to Section 5 even though the Attorney General’s preclearance discretion is non-reviewable.
Plaintiff Hanover County and Defendants Eric H. Holder, Jr., Attorney General of the United States, and Thomas E. Perez, Assistant Attorney General, Civil Rights Division, through counsel, respectfully move the three-judge Court for entry of the attached Consent Judgment and Decree.
Plaintiff Yuba County Water Agency (“the Agency”) and defendants Eric H. Holder, Jr., Attorney General of the United States, and Thomas E. Perez, Assistant Attorney General, Civil Rights Division, through counsel, respectfully move the three-judge Court for entry of the attached Consent Judgment and Decree.
Plaintiff Yuba County Water Agency (“the Agency”) and defendants Eric H. Holder, Jr., Attorney General of the United States, and Thomas E. Perez, Assistant Attorney General, Civil Rights Division, through counsel, propose to move the three-judge Court for entry of the attached Consent Judgment and Decree.
On August 2, 2019, the Governor and Secretary of State filed a motion asking the Court to dismiss lawsuit brought by CLC on behalf of Bonnie Raysor, Diane Sherrill, and Lee Hoffman, as well as the actions brought by other Plaintiffs, on the grounds that the injuries alleged - that the Plaintiffs are unconstitutionally denied the right to vote under Florida’s interpretation of the rights restoration procedures adopted by voters in 2018 – cannot be remedied by a federal court. Defendants also argued that the Court should wait to decide the issues presented by Plaintiffs’ claims until the Florida courts have an opportunity to determine whether the denial of Plaintiffs’ right to vote was imposed by statute or by constitutional provision.
On August 29, 2019, Plaintiffs filed a joint memorandum opposing the State Defendants’ motion to dismiss, refuting their arguments that the court lacks authority to grant relief to Plaintiffs, and that the outcome of any state court proceedings would affect the resolution of the issues before this Court – namely, whether requiring returning citizens to pay off outstanding LFOs before they are eligible for automatic rights restorations violates the federal constitution. Plaintiffs also addressed a separate question raised by the Court in a hearing on August 15, 2019, arguing that the federal court can block enforcement of the unconstitutional LFO requirement without otherwise affecting the automatic restoration of rights to returning citizens that over 5 million Florida voters supported in 2018.
On behalf of a group of community, civic, and labor organizations, CLC is challenging Tennessee’s recently enacted Law regulating voter registration activities. The Law intentionally restricts the rights of our Plaintiffs and similarly situated organizations to assist eligible Tennessee residents in registering to vote. The Law goes into effect on October 1, but it has already had a substantial impact on our Plaintiffs, and will continue to impose a substantial burden on their ability to engage in mission-critical outreach to engage their communities and members to ensure they are able to register and vote in Tennessee. As such, CLC and its co-counsel have filed a motion asking the court to block the law from going into effect until it issues a final judgment on the merits of Plaintiffs’ claims.
CLC and the Native American Rights Fund (NARF) filed a complaint on behalf of the Spirit Lake Tribe and six other individuals. The lawsuit was filed against North Dakota Secretary of State Alvin Jaeger in order to combat North Dakota's voter ID policy and ensure that eligible Native American voters can cast a ballot on Election Day.
On July 22, 2019, CLC and its co-counsel, Demos and MacArthur Justice Center, filed a motion for summary judgment on behalf of Plaintiffs Tommy Ray Mays II and Quinton Nelson, Sr., in Mays v. LaRose, a case challenging Ohio's law and policies that prevent late-jailed voters from exercising the right to vote.
On August 2, CLC and co-counsel Chad Dunn, on behalf of Plaintiffs Bonnie Raysor, Diane Sherrill, and Lee Hoffman, joined with four other Plaintiff groups to file a joint Motion for a Preliminary Injunction in the consolidated case Jones v. DeSantis, 19-cv-300. The motion seeks to block enforcement of SB7066, the Florida law that conditions restoration of voting rights on the repayment of legal financial obligations.
Secretary of State Jaeger has moved to dismiss plaintiffs’ second amended complaint, contending that Tribes lack standing to vindicate their members’ voting rights and that the individuals plaintiffs’ stated harms are insufficient to state a legal claim.
The report, released by Campaign Legal Center and Georgetown Law Civil Rights Clinic is one of the first comprehensive studies of how voting rights restoration schemes deny the right to vote to those who cannot afford to pay legal debt.
On July 19, 2019, CLC, along with its co-counsel, filed a response to the state of Tennessee's motion to dismiss the Plaintiffs’ amended complaint challenging the state's new voter registration law, known as House Bill 1079-Senate Bill 971. The response explains that the Court has jurisdiction to adjudicate the Plaintiffs' claims, and that the Plaintiffs have adequately alleged that the new law violates their constitutional rights under the First and Fourteenth Amendments by burdening their voter registration activity.
In 2018, Florida voters restored the right to vote to individuals with felony convictions. The legislature then enacted a law conditioning rights restoration on payment of restitution, fines, and fees. CLC represents Floridians Bonnie Raysor and Diane Sherrill in challenging the constitutionality of the law.
In 2018, Florida voters restored the right to vote to individuals with felony convictions. The legislature then enacted a law conditioning rights restoration on payment of restitution, fines, and fees. CLC represents Floridians Bonnie Raysor, Diane Sherrill, and Lee Hoffman in challenging the constitutionality of the law.
Description: U.S. Citizenship and Immigration Services (USCIS), a component agency of the U.S. Department of Homeland Security (DHS), recently produced documents in response to CLC's Freedom of Information Act (FOIA) Request seeking documents related to the Pence-Kobach Commission and DHS's role in pursuing voter fraud matters. The documents show that the Commission's work was a "high priority" for the White House, and that the Commission sought to expand USCIS's role in searching for cases of voter fraud.
Description: U.S. Citizenship and Immigration Services (USCIS), a component agency of the U.S. Department of Homeland Security (DHS), recently produced documents in response to CLC's Freedom of Information Act (FOIA) Request seeking documents related to the Pence-Kobach Commission and DHS's role in pursuing voter fraud matters. The documents show that the Commission's work was a "high priority" for the White House, and that the Commission sought to expand USCIS's role in searching for cases of voter fraud.
On June 21, 2019, CLC, along with its co-counsel in League of Women Voters of Tennessee v. Hargett, filed an amended complaint against Tennessee challenging the state’s new voter registration law, known as House Bill 1079-Senate Bill 971. The law imposes some of the most stringent regulations on community organized voter registration activity in the county, accompanied by steep civil fines and criminal penalties any violation, no matter how small. Along with co-counsel, CLC represents the League of Women Voters of Tennessee, Mid-South Peace and Justice Center, American Muslim Advisory Council, Memphis Central Labor Council, Rock the Vote, and HeadCount in challenging the new law, which plainly violates the Plaintiffs' constitutional rights under the First and Fourteenth Amendments by burdening their voter registration activity.