Challenges to Voter Suppression Laws

Voting rights are under attack in this country as politicians across the country pass voter restriction laws. These restrictions to voting take many forms and make it harder for eligible voters to exercise their most fundamental constitutional right.

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The Supreme Court Hears More About the Right to Vote

By Nancy Abudu, Senior Staff Attorney, Voting Rights Project, ACLU at 1:30pm

On Monday the Supreme Court will hear oral arguments in Arizona, et al. v. ITCA, Inc., et al., the second of two important voting rights cases that the Court will hear in less than a month involving Congress' authority to enact laws to increase access to voting. This case, in which the ACLU and other public interest organizations are representing a number of plaintiffs, addresses different legal questions than Shelby County v. Holder, which was heard by the Supreme Court a few weeks ago.

Don't Strike Down Section 5

By Laughlin McDonald, Voting Rights Project at 5:20pm

Hans von Spakovsky, in his recent article in the National Review, “Strike Down Section 5,” gets it wrong when he says the Supreme Court should hold Section 5 of the Voting Rights Act unconstitutional in the case now pending before it, Shelby County, Alabama v. Holder. The South, as a direct result of the Voting Rights Act, has changed, but that does not mean we no longer need Section 5, which requires nine states and parts of seven others with the worst and continuing histories of discrimination in voting to preclear their proposed changes in voting and show that they do not have a discriminatory purpose or effect.

Why The Voting Rights Act Matters

By Laughlin McDonald, Voting Rights Project & Eunice Hyon Min Rho, ACLU at 11:19am

During the signing ceremony of the Voting Rights Act, President Lyndon B. Johnson characterized the law as "one of the most monumental laws in the entire history of American freedom." Since that day, this landmark civil rights law has steadily and surely defeated and deterred countless discriminatory and varied barriers to the ballot.

Federal Reforms Needed to Increase Voter Access

By Deborah J. Vagins, ACLU Washington Legislative Office & Shawn Jain, ACLU at 4:18pm

Tomorrow, the Senate Judiciary Committee will hold an important hearing entitled, The State of the Right to Vote After the 2012 Election. The timing is ripe for the committee to consider the state of our most fundamental right as citizens.  Just six weeks ago, Americans went to the polls in large numbers to elect a president in spite of massive hurdles that interfered with their most fundamental right.

Who Really Won the Election? Democracy Did.

By Deborah J. Vagins, ACLU Washington Legislative Office at 4:00pm

On Tuesday, despite the massive hurdles put in front of voters since 2010 – citizens nonetheless, fought through voter suppression tactics, misinformation, long lines, then longer lies, and the aftermath of Hurricane Sandy to have their voices heard and votes count.

For the last two years, there was a wave of voter suppression laws passed in states. As the ACLU, has long argued many of the laws took different forms -- voter ID and citizenship requirements, limitations on early voting, restrictions on third-party voter registration, purging, and criminal disfranchisement laws -- but their impact and intent are the same:  a cynical attempt to push certain constituencies out of the electorate in advance of an election.  This is particularly true for voters of color, students, voters with disabilities and the elderly.

No Pictures Please: Pennsylvania Voter ID Law Put on Hold

By Steve Gosset, ACLU at 7:30pm

In a victory for Pennsylvania voters, a state judge today halted the enforcement of the state’s voter ID law, which threatened to disenfranchise thousands of elderly residents, students, the homeless and communities of color this November. 

Judge Robert Simpson Jr. ruled that he was “not convinced” that the requirement to show photo ID at polling stations would not lead to voter disenfranchisement, as the state had argued.

ACLU Lens: Federal Court Blocks Texas Voter ID Law

By Vesna Jaksic, ACLU at 2:46pm

A federal court today struck Texas’s discriminatory voter ID law, which would have prevented many eligible citizens from exercising their fundamental right to vote. 

The ACLU had intervened in the case in order to represent individuals and organizations who would be negatively impacted, and protect the right to vote. Today’s decision by a three-judge Washington, D.C. panel comes at a time when the right to vote is under attack nationwide.

“By blocking this law, the court reaffirmed the right of all people in this country to participate in our democracy,” said Nancy Abudu, senior staff attorney with the ACLU Voting Rights Project, which intervened in the case along with the ACLU of Texas.

Pennsylvania’s Voter ID by the Numbers

By Sara Mullen, ACLU of Pennsylvania at 3:18pm

This week marked the opening of the trial in the ACLU of Pennsylvania’s challenge to the state’s restrictive voter ID law. The trial began with testimony from Ms. Viviette Applewhite, a feisty 93-year-old African-American great-great-grandmother who uses a wheelchair. Ms. Applewhite, who once marched with Martin Luther King, Jr., has voted in almost every election for the past 50 years and cast her first vote for president for FDR. Despite her age and limited physical mobility, Ms. Applewhite traveled two hours from Harrisburg to Philadelphia to testify as to how she may not be able to vote in this year’s presidential election because she does not have has not been able to obtain an acceptable ID under the state’s new law.

From Missouri to Minnesota: ACLU Takes Aim at Another Misleading Voter ID Ballot Initiative

By Jon Sherman, Voting Rights Project & Teresa Nelson, ACLU of Minnesota at 1:46pm

Shannon Doty is a 28-year-old resident of Minnesota and a member of the Wisconsin National Guard. She is currently serving her country as a combat medic in Afghanistan, and while deployed, Shannon may very well become one of thousands of disfranchised voters in Minnesota.

The ACLU filed a petition today with the Minnesota Supreme Court on behalf of voters like Shannon, seeking to strike a constitutional amendment from the general election ballot in November that would require in-person voters to show government-issued photo ID. The amendment would require any voter who lacks photo ID to cast a provisional ballot, and also contains language that will make it more difficult to cast absentee ballots and might spell the end of Election Day Registration, which significantly boosts turnout. If the Minnesota amendment remains on the ballot and passes, Shannon may not get to cast a ballot during future deployments. For obvious reasons, she doesn’t carry her driver’s license with her when she deploys and, as a consequence, may well be barred from voting absentee in the future.  

Enacted after Gov. Mark Dayton vetoed photo ID legislation last year, this proposed amendment is part of a wave of laws passed in the run-up to the 2012 general election which are fundamentally altering the way Americans cast their votes.  From Wisconsin and Pennsylvania to Florida and Tennessee, voters are being asked to swallow some radical electoral changes, which are leaving many confused, discouraged, and disfranchised.  

The risk of suppressing the voices of Americans like Shannon who have put their lives on the line for us all should fill legislators with shame, but sadly, there seems to be very little awareness of the dramatic consequences these laws are having. In this election year, the right to vote is a candle burning at both ends: early voting periods have been reduced and there are short periods after the election for provisional voters to return with ID and see that their ballots are counted.  Rather than making registration and voting more streamlined and user-friendly, legislators seem determined to insert as much bureaucracy and as many documentation scavenger hunts as possible between a voter and his/her vote.  Even advances that have demonstrably increased participation in our democracy, such as Election Day Registration in places like Maine and Minnesota, are facing express or covert repeals.                 

It should come as no surprise that the Minnesota legislature is hiding the ball on its proposed photo ID requirement for voting.  Its amendment would require “government-issued” photo ID, but the ballot question put to the voters conveniently fails to mention that the IDs must be government-issued. The plain language of the amendment says it will apply to in-person voters, but says nothing so definite about absentee voters like Shannon. Nevertheless, the ballot question says it will definitely apply to “all voters.” And in the guise of applying “substantially equivalent” identification and verification procedures to all voters, it may well end Election Day Registration.  Rep. Winkler noted these problems, but his words unfortunately fell on deaf ears: “It seems to me what you’re doing is trying to sell your amendment to the voters, to mislead them into believing that this is just about saying who you are on election day, when, in fact, your bill is a Trojan Horse to do a lot of other things to disrupt and cause chaos in Minnesota’s election.”  

We agree, but we’ve done more than just agree – today, we’ve taken action.  Join us in the fight to protect the right to vote.

Thousands of Pennsylvanians at Risk of Losing the Right to Vote

By Sara Mullen, ACLU of Pennsylvania at 3:04pm

The American Civil Liberties Union of Pennsylvania filed a lawsuit Tuesday challenging the state’s discriminatory voter ID law.

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