Voting Rights

  • October 13, 2016
    Guest Post

    by Joshua A. Douglas, law professor at the University of Kentucky College of Law. Professor Douglas specializes in election law and voting rights, with a specific focus on the constitutional right to vote, election administration and post-election disputes. He is the co-editor of a new book, Election Law Stories.

    When disaster strikes that impacts the ability to vote, election administrators should do what they can to preserve the fundamental right to vote.

    That was the message from U.S. District Judge Mark Walker at Wednesday’s hearing in Florida regarding the state’s voter registration deadline. The court found that shutting off voter registration on October 11, the statutory deadline, impermissibly would deny the right to vote to individuals who faced obstacles before that date because of Hurricane Matthew. The judge in essence replaced the days lost due to the hurricane by extending the voter registration deadline to October 18.

    Other instances of unexpected disaster also have forced election administrators to alter the rules to ensure robust voting rights. On September 11, 2001, New York City was in the midst of a primary election when the terrorist attacks began. The city quite rightly halted the election, postponing it for two weeks. In 2012, New York and New Jersey both altered their voting rules to allow voting for those who Hurricane Sandy had displaced. Even South Carolina Governor Nikki Haley extended the voter registration deadline for South Carolina voters in the wake of Hurricane Matthew last week. (North Carolina refused to extend the voter registration deadline beyond this Friday, but voters still have further opportunities to register during early voting. A lawsuit is now pending in Georgia asking the state to extend its voter registration deadline because of the storm.)

  • October 13, 2016
    Guest Post

    by Ngozi J. Nezianya, JD/MBA Candidate, Northwestern University; President, ACS Student Chapter at Northwestern University School of Law; Next Generation Leader and Student Member, ACS National Board of Directors

    Imagine a world in which registering to vote took only a simple form and no more than a few minutes of your time. Imagine a world in which the myriad ways that our government entities use to identify you could ensure that you get a say in exactly who does the verifying. Imagine a world in which casting your ballot could be completed on your way to work, on your lunch break or on your way home before you pick up the kids from school.

    Such a utopia need not be reserved for the depths of our imagination. In fact, for some in our country, much of this is already a reality. Thirty-one states and the District of Columbia currently offer online voter registration and five states automatically place their citizens onto voter rolls whenever they interact with government agencies. In the last presidential election, the average time it took to vote actually fell across the country – from 16.7 minutes back in 2008 to 13.3 minutes in 2012.

    Yet, despite those positive developments, one need only scratch the surface of these rosy data to reveal the discordant truths that coexist in our democratic process. Seven states maintain strict laws that require forms of photo identification that 11 percent of eligible voters do not have. Federal law requires states to maintain updated voter registration lists; however, when those laws result in the purges of millions of citizens from the rolls every two years, various states and their officials seem to disproportionately remove the poor, mistakenly remove Asian and Hispanic voters because they matched their surnames to the wrong people and in some cases outright intimidate black voters by sending police officers door-to-door to challenge those voters’ registrations. (And those are not even the most egregious purges.) Lastly, countless stories have documented how the closure of polling locations in heavily populated voting districts and the shortening of early voting periods across the country have caused citizens to wait up to five and seven hours in the blistering sun to exercise a right that the Supreme Court, dating back to 1966, had previously deemed “fundamental.” In other words, the extraordinary degree of variance at the other end of the voting experience skews our democratic process toward dystopia.

  • September 30, 2016
    Guest Post

    by Danielle Lang, Deputy Director of Voting Rights and Anna Bodi, Partner Legal Fellow at The Campaign Legal Center

    Larry Joe Newby is a U.S. citizen living in Huntsville, Alabama. Mr. Newby is married, attends church, is raising his two adopted grandsons and works for the County as an assistant supervisor. However, due to a few minor non-violent offenses from well over a decade ago, Mr. Newby has not been able to vote and will not be able to cast a ballot this November. Mr. Newby is just one of the 5.85 million citizens whose voices have been silenced by felony disenfranchisement laws across the United States. 75 percent of these disenfranchised voters are no longer in prison, but are still unable to vote.

    Unwilling to accept the denial of his fundamental right to vote, Mr. Newby is a named plaintiff in a new lawsuit filed by the Campaign Legal Center, alongside a team of pro bono and civil rights litigators, that could finally turn the page on a dark history of discriminatory felon disenfranchisement in Alabama and nationwide.

    Alabama’s Strict and Discriminatory Felon Disenfranchisement Regime

    Alabama has one of the most severe and discriminatory felon disenfranchisement laws in the nation: it is one of only 12 states that permanently disenfranchise some or all citizens convicted of felony offenses and, as a result, disenfranchises 7% of its total voting age population and 15% of its black voting age population.

  • September 14, 2016

    By Kevin Battersby Witenoff

    Lawyers representing Detroit schoolchildren filed a lawsuit Tuesday against Gov. Rick Snyder and state officials in what they are calling the country's first federal case that pushes for literacy as a right under the U.S. Constitution, reports Ann Zaniewski of the Detroit Free Press.

    As Constitution Day approaches, Elizabeth Wydra in The Washington Times underscores the importance of the duties enumerated within it that will shape our country over the next eight years.

    According to a federal lawsuit filed Wednesday. Georgia's voter registration process violates the Voting Rights Act and has prevented tens of thousands of residents, mostly minorities, from registering to vote, reports Kate Brumback of the Associated Press.

    Ann E. Marimow of The Washington Post reports that nearly a decade after the Supreme Court struck down the District’s long-standing ban on handguns, the city is again at the forefront of a legal battle over the Second Amendment.

  • September 13, 2016
    On Friday the Supreme Court refused to revive a Michigan law that barred straight-ticket voting, reports Adam Liptak of The New York Times.
    Sen. Bob Casey posted an editorial to Medium in which he calls for an end to the senatorial obstruction leaving judicial vacancies unattended on federal courts.
    Constitutional scholar Akhil Reed Amar is featured on an episode of the Diane Rehm Show during which he describes how to interpret the pressing issues Americans face today through the lens of the constitution.
    University of Texas at Austin Law Professor Stephen Vladek stresses the importance of trusting existing institutions. In an op-ed for Star-Telegram, Vladek asserts that civilian courts, not expensive military commissions, are the best places to bring justice to enemies of the United States.