The Department of Justice (“DOJ”) sued Maryland demanding the release of its full, unredacted voter file, which includes the highly sensitive and personal data of every voter in the state. This suit appears to be part of DOJ’s effort to build a national voter database without congressional authorization, improperly question the validity of state voter rolls, and intimidate eligible voters in Maryland and around the country.

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.

Crystal Mason thought she was performing her civic duty by filling out a provisional ballot in the 2016 election. She didn't know it would land her a five-year prison sentence, upending her family and the life she had built. At the time, Ms. Mason was on federal supervised release, a preliminary period of freedom for individuals who have served their full time of incarceration in federal prison. Ms. Mason didn’t know, and nobody told her, that the state considered her ineligible to vote while on supervised release. Because her name didn’t appear on voter rolls, she filed a provisional ballot, consistent with federal law. The state never counted her ballot but has still sought to send her to prison for an innocent mistake.

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.