ACLU Report Identifies Critical States and Counties at High Risk of Ballot Interference Against Voters of Color

Discounting Mail-In Ballots Will Disenfranchise Communities of Color and Distort Election Outcomes in Key Counties in Michigan, Wisconsin, Pennsylvania, and Georgia

October 28, 2020 2:30 pm


Media Contact
125 Broad Street
18th Floor
New York, NY 10004
United States

NEW YORK — The American Civil Liberties Union has released a report titled Racial Justice Demands That Every Vote Is Counted,” which identifies states and their counties where discounting mail-in ballots would disproportionately disenfranchise communities of color and potentially improperly change the outcome of the Nov. 3 election.

The analysis looks at Michigan, Wisconsin, and Pennsylvania — three states widely acknowledged as critical to determining the outcome of the presidential race. These states don’t begin processing mail-in ballots until Election Day or the day before, increasing the danger of a confusing, unfounded, and premature victory call. Their status on the electoral map means they could also be targets for problematic ballot rejections or even an attempt to interfere with a full count of mail-in ballots during counting.

The analysis also looks at Georgia, where the gap in vote-by-mail usage by race is particularly large, and the threat of disenfranchisement of voters of color is high.

Key points include:

  • The COVID-19 pandemic has led to a surge in the number of voters who are expected to cast a mail-in ballot. Communities of color are disproportionately planning to vote by mail — nationwide, and in the key states of Michigan, Wisconsin, Pennsylvania, and Georgia.
  • The analysis identifies counties where disregarding or improperly treating mail-in ballots is likely to have the greatest impact on election outcomes and representation of voters of color.
  • The counties that will have the highest number of mail-in ballots from voters of color are exactly those where the mail-in vote can change the outcome of the election — places that could be targets for interference.
  • Discounting the by-mail vote and the votes of communities of color can improperly change the course of the election.

Download the full report: https://www.aclu.org/report/racial-justice-demands-every-vote-counted

Read the blog: https://www.aclu.org/news/voting-rights/racial-justice-demands-that-every-vote-is-counted

By completing this form, I agree to receive occasional emails per the terms of the ACLU’s privacy policy.

The Latest in Voting Rights

ACLU's Vision

The American Civil Liberties Union is a nonprofit organization whose mission is to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States of America.

Learn More About Voting Rights

Voting Rights issue image

Voting is the cornerstone of our democracy and the fundamental right upon which all our civil liberties rest. The ACLU works to protect and expand Americansʼ freedom to vote.