Private groups bring the majority of Section 2 lawsuits.

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Daily Docket — Monday, Nov. 20
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Who Can and Cannot Sue To Protect Voters? It Depends on This Legal Concept. ([link removed])

By Democracy Docket

The 8th Circuit delivered a severe blow to the Voting Rights Act in seven states.
* In a landmark decision, the U.S. 8th Circuit Court of Appeals severely weakened Section 2 of the Voting Rights Act (VRA) in certain states by ruling ([link removed]) that there is no private right of action under Section 2. This means that only the U.S. Department of Justice — not individuals and organizations — can sue under Section 2 in the seven states covered by the 8th Circuit.
+ Private groups and voters bring the vast majority of Section 2 lawsuits. As the dissent cites from experts, "Over the past forty years, there have been at least 182 successful Section 2 cases; of those 182 cases, only 15 were brought solely by the Attorney General." Learn more about Section 2 here ([link removed]) .

Here are some other updates.
* Black voters filed ([link removed]) a lawsuit arguing that North Carolina's new Republican-drawn state Senate map violates the VRA by diluting Black voting power.
* New York Gov. Kathy Hochul (D) signed ([link removed]) legislation that sets minimum language standards for proposed constitutional amendments to better ensure accessibility.
* The League of Women Voters of Montana filed ([link removed]) a lawsuit challenging a law that imposes criminal penalties on individuals who do not deregister from their previous county or state before registering to vote in Montana. The group argues the law violates the state constitution.
* Republican candidate Nancy Landry won ([link removed]) Louisiana’s secretary of state race. Landry is currently Secretary of State Kyle Ardoin’s (R) second-in-command and will be tasked with running the state's elections in 2024.
* The Ohio Ballot Board approved ([link removed]) a proposed amendment to create an independent redistricting commission in the state.The group behind the amendment can now begin collecting signatures to get the measure on the 2024 ballot.
* The New Mexico Supreme Court held ([link removed]) oral argument in a lawsuit challenging the state's congressional map. Republicans argue that the map is gerrymandered to unfairly benefit Democrats.
* Oral argument was held ([link removed]) in former President Donald Trump’s Washington, D.C. election subversion case. Trump is appealing a gag order that bars him from speaking about certain aspects of the case.

Here’s what’s coming up tomorrow.
* Oral argument will be held before the Wisconsin Supreme Court in a lawsuit ([link removed]) alleging that the state’s legislative maps violate the state constitution’s separation of powers principle and its contiguity requirement.
+ Arguing the case on behalf of Republicans will be Rick Esenberg — President of the Wisconsin Institute for Law & Liberty, a conservative law firm responsible for several ([link removed]) lawsuits attacking voting rights in the state.

ICYMI, listen to our latest episode of Defending Democracy ([link removed]) . In the podcast episode that dropped on Friday, Marc and Paige discussed how Election Day 2023 can inform us about Election Day 2024. Listen on Apple ([link removed]) , Spotify
([link removed]) or wherever you get your podcasts
([link removed]) , or watch on YouTube ([link removed]) .
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