The ACLU and ACLU of Minnesota intervened as defendants to block an attempt by Minnesota Voters Alliance -- a private plaintiff group -- to challenge a law that restored voting rights to individuals convicted of a felony while they are "not incarcerated for the offense" and "including any period when they are on work release."

Florida has arrested and prosecuted many returning citizens—persons with felony convictions who are no longer incarcerated—for registering and voting while ineligible. These prosecutions have occurred amid widespread confusion about voting rights restoration in Florida and have been initiated by an Office of Statewide Prosecutor (“OSP”) that has no authority to bring these criminal actions.

Mississippi is home to one of the strictest felon disenfranchisement schemes in the nation. The Mississippi Constitution permanently disenfranchises citizens upon a single felony conviction for certain crimes, including minor offenses like writing a bad check. As a result, the loss of rights under Mississippi’s scheme is mandatory, permanent, and effectively irrevocable. In Hopkins, plaintiffs, a class of formerly incarcerated individuals who lost their right to vote despite completing their sentences, argued that their disenfranchisement violated the Eighth Amendment’s prohibition on cruel and unusual punishment. A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit ruled in the plaintiffs’ favor and struck down Mississippi’s disenfranchisement scheme as cruel and unusual punishment. But the Fifth Circuit decided to rehear the case en banc, a rare occurrence in which a case is reconsidered by the entire panel of the circuit’s active judges.