Victory: North Carolina Legislators Won’t Be Able to Suppress the Vote This Election

Today, the U.S. Supreme Court granted Alabama a stay in the ongoing voting rights case, Milligan v. Allen, allowing Alabama to use its 2023 racially discriminatory congressional map. Last month, a three-judge district court found that the Alabama Legislature intentionally discriminated against Black voters when it enacted the 2023 map with only one district where Black voters had any opportunity to elect the candidates of their choice. The district court ordered Alabama to instead use a race-neutral map drawn by an independent special master. Alabama previously used this court-ordered map with two opportunity districts in the 2024 congressional elections. But today’s order makes it easier for Alabama to reinstate the discriminatory 2023 map for this year’s elections. “The Court’s decision allowing Alabama to use a racially discriminatory map in its congressional elections this year cannot be squared with the Constitution or Voting Rights Act,” said Davin Rosborough, deputy director of the ACLU’s Voting Rights Project. “Today’s ruling delays relief for voters who have already spent years fighting for an equal opportunity to elect candidates of their choice and to have their voices heard. We remain committed to pursuing equal opportunities in Congress for our clients and Black Alabamians. We will fight for those rights even in the face of those who continue to move the goalposts and undo our nation’s progress in realizing its promise as a multi-racial democracy.” The district court had already found, after a full trial in 2025, that Alabama’s 2023 map violated both Section 2 of the Voting Rights Act and the Constitution. But, in early May, the Supreme Court sent this case back to the district court to review again in light of the Supreme Court’s April decision in Louisiana v. Callais, which changed the standard under Section 2. Alabama then attempted to return to its discriminatory 2023 map, but the district court ruled that Alabama’s 2023 map still violates the Constitution, even after Callais. The stay granted today pauses that ruling for now. “The Supreme Court’s decision gives cover to Alabama and others to deliberately and openly discriminate against Black voters without fear of any consequence,” said Deuel Ross, Director of Litigation at the Legal Defense Fund. “The Court’s shameless decision to reinstate a racially discriminatory map defies any thoughtful or consistent application of the law. We will continue to throw all of our resources into the fight to ensure that Alabama voters have the fair representation that they deserve in Congress.” “Alabama's political leadership has made it absolutely clear that without protections for Black voters in place, they will not stop pursuing a congressional map that results in a delegation without Black representation-even after votes to the contrary are cast and counted,” said JaTaune Bosby Gilchrist, the executive director of ACLU of Alabama. “The Supreme Court may have granted Alabama's request, but it has not changed the facts and what we know to be true. The fight for equity and justice continues, and we will continue to show up wherever the work demands.” “When politicians are worried about staying in power, they come for Black voters first,” said the Milligan plaintiffs in a joint statement. “This effort to silence our communities through an intentionally discriminatory map cannot be permitted to stand. We deserve a fair shot at electing officials, regardless of party, who understand our lives and our goals, and are responsive to our concerns. Our fight for that opportunity is not over and we will continue to pursue all pathways to a fair map so that every Alabama voter has an equal opportunity to ensure they have a real voice in their government.” The plaintiffs in the Milligan case are Evan Milligan, Khadidah Stone, Letetia Jackson, Shalela Dowdy, Greater Birmingham Ministries, and the Alabama State Conference of the NAACP, who are represented by the Legal Defense Fund, American Civil Liberties Union, ACLU of Alabama, Hogan Lovells LLP, and Wiggins, Childs, Pantazis, Fisher & Goldfarb. The district court has set this case to be ready for re-trial no later than January 2027.

BOSTON – A federal District Court heard arguments today in a lawsuit challenging President Trump’s March 31 executive order concerning mail-in voting. Plaintiffs argue that the order violates the U.S. Constitution and federal law and risks mass disenfranchisement of eligible voters. The Constitution makes clear that only the states and Congress can set the rules for elections. Nevertheless, the executive order attempts to override states’ mail-in voting laws by transforming the U.S. Postal Service from a neutral mail carrier into an arbiter of who may cast a ballot by mail. The order also requires the Department of Homeland Security to build and give to each state a purported list of U.S. citizens over the age of 18. Plaintiffs asked the court today for a preliminary injunction to block implementation of Section 3 of the order, which directs the Postal Service to create unlawful new rules for the transmission of mail-in ballots. The suit was filed in U.S. District Court for the District of Massachusetts by the League of Women Voters of Massachusetts, League of Women Voters, Association of Americans Resident Overseas, U.S. Vote Foundation, OCA - Asian Pacific American Advocates, and Delta Sigma Theta Sorority, Inc. They are represented by the American Civil Liberties Union, ACLU of Massachusetts, Brennan Center for Justice, Legal Defense Fund, Asian Americans Advancing Justice | AAJC, and LatinoJustice PRLDEF. The following are statements from the plaintiffs and their legal counsel: Attorneys representing the plaintiffs: “The Constitution is clear: the states and Congress — not the p resident — set the rules for our elections. The Trump administration is attempting to seize that power for itself with an unlawful and dangerous executive order. The order is already interfering with plaintiffs' essential work helping American citizens vote. Together with our courageous clients, we’re seeking a preliminary injunction to stop further chaos in our elections, uphold the rule of law, and protect the millions of citizens who rely on mail-in voting, including people with disabilities, students, rural voters, and the elderly. We won't let the Trump administration continue to trample on the fundamental right to vote.” Marcia Johnson, chief of activation and justice, League of Women Voters: Mail voting helps millions of Americans participate in our democracy, including seniors, voters with disabilities, military families, students, caregivers, and working people. No president has the authority to unilaterally rewrite election rules or dictate how states administer their elections. The League will continue to fight for and defend every voter's freedom to make their voice heard." Celia Canavan, executive director, League of Women Voters of Massachusetts: “Massachusetts voters fought hard to secure accessible vote-by-mail options, and we are not going to stand by while those freedoms are threatened. Today's hearing made clear what is at stake. This executive order has caused significant confusion and interfered with LWVMA's critical work, and it threatens to create new obstacles to eligible voters. The League of Women Voters of Massachusetts is proud to stand alongside our partners to defend the constitutional rights and voter protections that make our democracy great.” The Association of Americans Resident Overseas: “For many Americans living abroad, voting by mail isn’t a preference, it’s the only option. President Trump’s unlawful executive order creates unnecessary complications and threatens to shut many overseas voters out of our democracy altogether. These voters are Americans and deserve to have a say. Their votes must not be thrown into doubt by reckless new rules.” U.S. Vote Foundation: “Overseas citizens, including service members and their families, are some of the most civically committed Americans. They serve our country, build networks of U.S. citizens abroad, and stay connected to their families and communities back home. The president's mail-in ballot executive order puts their fundamental right to vote at risk. Overseas and military voters add informed and relevant perspectives to our country. Their votes deserve to be protected!" OCA – Asian Pacific American Advocates: “The Asian American community is made up overwhelmingly of multilingual immigrants and New Americans. Many of us have navigated the immigration and naturalization process and know that there are a variety of situations that make our community prone to being misidentified as noncitizens. With 3 in 4 Asian Americans speaking a language other than English at home, and when a third of us have limited English proficiency, voting by mail increases access to trusted translators and is a crucial part of being able to fully participate in our democracy. We must push back against efforts that create barriers to voting, and we stand in solidarity with all the other communities represented here today.” Cheryl W. Turner, international president of Delta Sigma Theta Sorority, Inc.: “Delta Sigma Theta Sorority, Inc. has always understood voting rights as fundamental to democracy and to the full citizenship of the communities we serve and represent. This order threatens to create confusion, delay, and unlawful barriers for eligible voters who rely on mail-in voting, including seniors, voters with disabilities, students, service members, and communities that have too often had their political power challenged or denied. Delta is proud to stand with our co-plaintiffs and legal partners to defend the Constitution, protect voters, and ensure that every eligible ballot can be cast, counted and certified.”

CONCORD, N.H. - Last night, the federal court in New Hampshire struck down the state’s anti-voter law enacted in 2024, declaring it unconstitutional. The law, known as HB 1569, created some of the strictest registration requirements in the nation and, among other things, required documentary proof of citizenship for voter registration. A broad coalition of voting rights groups and individual voters challenged HB 1569’s creation of needless barriers to voting, including its removal of the ability for eligible voters to register by attesting to their citizenship under penalty of perjury on a sworn affidavit. In addition to declaring the law unconstitutional, the Court blocked its use in all future elections, including the 2026 midterms and September primary. “Today’s ruling is a victory for all Granite State voters. New Hampshire’s elections have always been safe, secure, and accurate – and this law could have unconstitutionally and needlessly prevented thousands of eligible voters from casting a ballot,” said Henry Klementowicz, deputy legal director of the ACLU of New Hampshire. “Making it harder to vote is a clear attack on one of our most fundamental of rights, and this law is consigned to the dustbin of history where it belongs.” The lawsuit was filed by the ACLU of New Hampshire, American Civil Liberties Union, and Ropes & Gray LLP, on behalf of plaintiffs the Coalition for Open Democracy, the League of Women Voters of New Hampshire, The Forward Foundation, and several individual voters. This case was consolidated with a separate lawsuit brought by New Hampshire Youth Movement. According to the Court’s decision, the law "constitutes an unjustifiable burden on the right to vote in violation of the First and Fourteenth Amendments,” “does little, if anything, to further the state’s interests,” and also “violates voters’ rights to procedural due process.” Despite the proven accuracy, reliability, and security of New Hampshire’s elections, HB 1569—which was signed into law by former Governor Chris Sununu in 2024— made fundamental changes to the state's election law that violate the First and 14th Amendments of the U.S. Constitution. “While we witness escalating attacks on voting rights nationwide, New Hampshire’s HB 1569 represented yet another substantial barrier to the ballot box,” Jacob van Leer, staff attorney with the national ACLU’s Voting Rights Project. “As federal and state leaders across the country seek to impose restrictive and unnecessary documentary proof requirements for voting, our win sends a clear message that such attempts to undermine our elections will not succeed.” HB 1569 required documentary proof of citizenship for voter registration — documents like a passport or birth certificate, which many people do not have or cannot easily access — making it materially harder, if not impossible, for thousands of New Hampshire citizens to exercise their right to vote. The Court’s decision is in line with other federal courts that have weighed in on this issue previously. For instance, federal courts struck down a similar Kansas law, which imposed a proof of citizenship requirement for state and federal elections, as violating both the U.S. Constitution and National Voter Registration Act of 1993. “This decision sends a clear message that constitutional rights do not end when voting begins,” said Marcia Johnson, chief of activation and justice for the League of Women Voters. “Eligible voters should not be denied access to voting because of burdensome and unnecessary requirements. At a time when new barriers to voter registration are being enacted across the country, this ruling affirms that protecting elections and protecting voters’ rights are not competing goals. The League of Women Voters is proud to stand with New Hampshire voters, and we will continue building a democracy where every eligible voter can participate freely, fairly, and with confidence. “This decision is a victory for New Hampshire voters and for the fundamental freedom to vote,” said Liz Tentarelli, president, League of Women Voters of New Hampshire. “Granite Staters deserve a system that makes it possible for eligible voters to participate without unnecessary hurdles or confusion. The League of Women Voters of New Hampshire will continue working to ensure our elections remain accessible, fair, and secure for everyone.” “This court decision is a victory for every Granite State voter and their ability to vote in this year’s primary and midterm elections,” said Olivia Zink, executive director of Open Democracy NH. “This is especially important for eligible soon-to-be voters who are graduating high school this year, registering to vote for the first time, and who may not have a copy of their birth certificate. This decision ensures they retain access to the ballot.” The court's decision can be read here: https://assets.aclu.org/live/uploads/2026/05/NH-trial-order.pdf

Today, the three-judge district court in Milligan v. Allen again blocked Alabama from using a 2023 congressional map that the court found was “tainted by intentional race-based discrimination.” The order reinstates the court’s remedial map with two Black opportunity districts, which Alabama used in the 2024 elections and the May 2026 primary elections. Two weeks ago, Alabama attempted to return to its discriminatory 2023 map after the Supreme Court sent the case back to the district court to review again in light of the Supreme Court’s recent decision in Louisiana v. Callais. In its ruling, the district court again sided with the Milligan plaintiffs in finding that Alabama’s 2023 map violates the Constitution. The Milligan plaintiffs are the only group of plaintiffs who have succeeded on this claim. The plaintiffs in the Milligan case are Evan Milligan, Khadidah Stone, Letetia Jackson, Shalela Dowdy, Greater Birmingham Ministries, and the Alabama State Conference of the NAACP, who are represented by the Legal Defense Fund, American Civil Liberties Union, ACLU of Alabama, Hogan Lovells LLP, and Wiggins, Childs, Pantazis, Fisher & Goldfarb. In response, plaintiffs and counsel issued the following statement: “We are thankful that the district court has again vindicated the constitutional rights of voters in the Black Belt, and we look forward to voting under a fair map this fall. The court saw through Alabama’s blatant attempt to reinstate a race-based congressional map that the legislature deliberately enacted to deny Black voters a voice in Congress. As testimony at Friday’s hearing confirmed, state officials do not have enough time to switch maps before the August primary without spawning chaos and potentially serious errors. Rather than accept this reality, state officials have knowingly sown confusion and doubled-down on their attacks on Black voters. The court’s order today to reinstate the Milligan remedial map is a crucial victory for fair representation and brings necessary clarity to the state’s 2026 elections.” In 2021, the Milligan plaintiffs challenged a 2021 Alabama congressional map that unlawfully diluted Black political power. In 2023, the Supreme Court affirmed a lower court’s ruling striking down the 2021 map. That same year, the Alabama legislature drew another map. After weeks of trial, the district court ruled that Alabama’s 2023 map had a discriminatory result in violation of Section 2 of the Voting Rights Act and that the legislature had intentionally discriminated against Black voters in violation of the U.S. Constitution. Among other evidence, the court found that the legislature intentionally set a racial target, drew districts that it knew violated the 2023 Supreme Court ruling, and explicitly sought to protect a white community based on its “French and Spanish colonial heritage” at the expense of the large Black community in Alabama’s Black Belt. In 2023 and again in 2025, the court struck down the 2023 map and ordered the use of Alabama’s current court-drawn map. This court-drawn map was used in the 2024 election, and voters have already cast ballots under it in the 2026 primary elections. This month, the Supreme Court vacated the injunction requiring the Secretary of State of Alabama to use the court-ordered map with two Black opportunity districts. Rather than rule on the case, the Supreme Court returned it to the district court to reexamine its prior decisions in light of the devastating and profoundly flawed ruling in Louisiana v. Callais, in which the court greatly weakened Section 2 of the Voting Rights Act. In response to the Supreme Court’s actions, the Milligan plaintiffs immediately filed for a temporary restraining order and then a preliminary injunction to keep the current court-ordered map in place for 2026. The district court has set this case to be ready for re-trial no later than January 2027. Alabama state officials filed a notice to appeal to the Supreme Court.