Does Congress have authority (as it has long done) to regulate all federal elections, including presidential elections—such as through key federal voting rights laws like the NVRA, UOCAVA, and the MOVE Act?

All voters with disabilities have the right to receive assistance voting from a person of their choice. South Carolina prohibits some voters with disabilities from receiving assistance and limits who voters can rely on for assistance. Voters with disabilities and the NAACP South Carolina State Conference sued to challenge those laws under Section 208 of the Voting Rights Act and protect disabled voters’ right to assistance.

The ACLU and ACLU of Alaska have filed an amicus in support of Tupe Smith, a woman born in American Samoa who now lives in Whittier, Alaska charged with falsely affirming that she was a U.S. citizen when she registered to vote. But Tupe Smith is not an “alien” under the law. People, like her, born in the U.S. territory of American Samoa are the only remaining individuals recognized as “non-citizen U.S. nationals,” a unique status that falls short of “citizen” but nonetheless recognizes that American Samoa has been part of the United States for over 125 years.   All evidence indicates that Ms. Smith believed that, as a non-citizen U.S. national, she was eligible to vote in local elections when she registered to vote. In fact, local election officials encouraged her to check the box labeled “U.S. citizen” when she registered, given the fact that there was no option for “U.S. national.”   Our amicus brief urges Alaska’s Court of Appeals to dismiss Tupe Smith’s indictment because of well-settled principles that election-crime statutes should be construed to avoid punishing innocent mistakes. Separately, we warn that upholding a different view of the law would make Alaska an outlier among the states.

Representing the ACLU of Maine, the ACLU Voting Rights Project and the ACLU of Maine filed an amicus brief in a federal lawsuit over the federal government’s demand that Maine turn over its entire voter registration rolls, including with voters’ sensitive personal data such as drivers’ license numbers and partial social security numbers.