Efforts to Undermine the Freedom to Vote, Explained

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People raise their hands while standing in front of an American flag on the wall
Immigrants appear at a swearing in ceremony for U.S. citizenship in Los Angeles, California. Photo by P_Wei

The freedom to vote is at the core of a strong democracy. But recently, politicians — from state houses to the White House — have tried to limit that freedom, and consequently, weaken our democracy.

These threats to accessing the ballot don’t make our elections safer or more secure. Instead, they make it harder for everyday Americans to make their voices heard.  

Here are some of the ways the freedom to vote is being threatened across the country.

Attacks on the Promise of American Citizenship

Citizenship is the key that unlocks the door to democratic participation. However, President Trump is illegally attempting to take that key away from millions of Americans.  

On January 20, 2025, President Trump issued an executive order attempting to end birthright citizenship. The order would apply to children born to people who are in the country without authorization or who hold work, student or tourist visas.

But the 14th Amendment and over 100 years of Supreme Court precedent are clear: Children born in the United States are U.S. citizens — no matter who their parents are.  

Citizenship is a democracy issue. After the Civil War, Congress passed the Reconstruction amendments to ensure that who gets to participate in our democracy cannot be redefined by the political winds or to exclude communities of color.  

The president’s executive order is a cynical and illegal attempt to pick and choose who gets to be part of the electorate, even though under federal law, only citizens can vote in federal elections.

Birthright citizenship is the law of the land. It cannot be changed by any politician, including the president. Campaign Legal Center stands ready to defend freedoms, especially the freedom to vote, for all Americans. And we’ll be an ally to the groups that have already taken immediate action.    

That’s why CLC submitted a brief on behalf of Secure Families Initiative in State of Washington et al. v. Trump to urge the court to block Trump’s unconstitutional attempt to ban birthright citizenship.  

SAVE Act Could Silence Millions of Voices

A bill in Congress, the SAVE Act, could silence millions of voters by creating new barriers to voter registration that make it harder for Americans to make their voices heard.

We should be working to make our elections more inclusive and accessible, but the SAVE Act does the opposite. It imposes unnecessary documentation barriers and would force voters to jump through burdensome hoops just to exercise their fundamental freedom to vote.  

The SAVE Act will only hurt American citizens. It won’t make our elections any safer or secure. In fact, we already have laws in place to ensure only citizens are voting, which include strict penalties such as deportation or jail time.

Tens of millions of voters could be disenfranchised by this bill.  

CLC has been advocating against the passage of the SAVE Act because our democracy works best when every American can participate. While the bill passed the House on April 10, 2025, CLC will continue to urge the Senate to reject it to ensure its extreme barriers don’t become law.  

State Laws Requiring Unnecessary Documentation to Vote

States have passed laws similar to the SAVE Act that would require Americans to provide unnecessary documentation to register to vote.  

We’ve sued over these documentation laws in Arizona, New Mexico and Georgia. And we submitted a letter to the Louisiana secretary of state informing her that we intend to sue over a law requiring extra documents because it violates the National Voter Registration Act.

Illegal Executive Overreach

Against this backdrop, President Trump signed an executive order on March 25, 2025, directing several federal agencies to change the rules for federal elections. This is a clear violation of the Constitution.    

The Constitution gives the power to regulate elections to the states. They set the eligibility standards for voting and the rules that govern when, where and how we vote. And only Congress, not the president, can override these rules.

This executive order includes many of the same restrictions as the SAVE Act, but it also threatens mail-in voting and the Election Assistance Commission, an independent bipartisan agency.

In an effort to protect the freedom to vote from this illegal executive overreach, Campaign Legal Center sued to block this executive order, alongside State Democracy Defenders Fund, on behalf of the League of United Latin American Citizens, Secure Families Initiative and Arizona Students’ Association.

We’re urging the courts to step in and declare this order illegal and unconstitutional.

Next Steps in the Fight

We cannot have a strong democracy unless we have laws that ensure all voters can access the ballot box. Any attempt to limit the freedom to vote is an attempt to silence American voters.

CLC has been at the forefront of protecting the freedom to vote through litigation, advocacy and work with local partnerships and coalitions.

With your help, CLC can continue our efforts to fight anti-voter actions across the country to ensure that every vote is counted and every voice is heard. 

Emily is a Communications Associate at CLC.