CLC and the fight to preserve the freedom to vote

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From the Desk of Trevor Potter
Dear John,

U.S. elections are secure and accurate because they use tried and tested systems of checks and balances, from the voter registration process through the certification of results. Some partisan actors and self-interested politicians refuse to acknowledge this track record of success.

Instead, they are creating obstacles to voting, usually in response to unwarranted, overblown concerns about potential fraudulent voting. These efforts weaken our democracy by promoting distrust in elections and depriving Americans of their freedom to vote. In response, Campaign Legal Center and our partners in the pro-democracy movement have devoted significant resources to fight what amount to anti-voter campaigns.
A prime example of this fight comes from the crucial swing state of Arizona, where CLC has been involved in a years-long court battle ([link removed]) to keep laws off the books requiring burdensome documentary proof of citizenship and residency to register to vote, such as birth certificates or naturalization papers. Voters registering in Arizona must already certify under threat of perjury that they are U.S. citizens.

Arizona-based organizations representing the interests of Native, Latino and student voters have led the challenge to these laws. Represented by CLC and co-counsel, their efforts have largely been successful, but the U.S. Supreme Court intervened, delivering a mixed ruling ([link removed]) on August 22 that preserves the freedom to vote for some, while effectively denying that right for others.

In a 5-4 decision on what is known as the “shadow docket,” ([link removed]) the high court kept a portion of a lower court ruling in place that protects Arizonans who are already registered to vote. Unfortunately, the majority allowed other provisions of the law to go into effect for the first time, a move that will almost certainly prevent some Arizonans from voting if they have not already registered.

It’s a ruling that introduces extreme confusion a little less than two months before the November election. Indeed, the majority’s actions would seem to run counter to a Supreme Court ruling from 2014 (Purcell v. Gonzalez) ([link removed]) , which bars courts from changing voting laws just before an election.

The fight to stop Arizona’s discriminatory documentary proof of citizenship law is one battle in a larger effort to counter policies and actions that disenfranchise eligible voters, enabled by widespread election misinformation. Unfortunately, as we saw this week, misinformation about this issue also made its way into the presidential debate, where former President Trump shared unfounded claims ([link removed]) of voter fraud.

CLC is actively monitoring eight states where baseless concerns over voter eligibility and citizenship ([link removed]) have gained some traction. Our actions include calling out officials in Tennessee ([link removed]) for engaging in voter intimidation by questioning the citizenship status of thousands of registered voters — an effort that, fortunately, has now stopped ([link removed]) .

Our message on this issue is clear: We have strict laws in this country that make it illegal for those who are not U.S. citizens to vote. Evidence shows that such voter fraud scenarios are exceedingly rare.

The influence of misinformation has also led state officials and non-state actors to engage in reckless campaigns that threaten to remove voters from the rolls on a massive scale. This effort ([link removed]) disregards existing, proven means for maintaining accurate lists of registered voters. From Texas ([link removed]) , to Georgia ([link removed]) to Nevada ([link removed]) , we are seeing attempts to weaponize laws that permit voter registration challenges.

CLC’s effort to thwart mass voter purges includes sending clear guidance to state officials on what the law allows. For instance, the National Voter Registration Act of 1993 ([link removed]) severely limits the ability of state and local officials to remove voters from the rolls 90 days before a primary or general election for federal office. CLC and our coalition partners recently sent a letter ([link removed]) to officials in Texas warning about engaging in any activity that violates the 90-day rule. Challenging illegal voter purges in court is another option we are fully prepared to exercise under the right circumstances.

Our democracy works best when every American can meaningfully participate, but the efforts I’ve described dishonor this fundamental principle. Those who are worried about our democracy must stay vigilant and aware of the threats facing voters as Election Day approaches. In the meantime, CLC will continue to vigorously defend the freedom to vote from those threats.

Sincerely,

Trevor Potter
President, Campaign Legal Center

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