So why are state officials adding burdensome new requirements to vote? ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌

[link removed]

At a divided and depressing time in the country, there’s a bit of quiet good news on voting. It comes in an unexpected place.

Louisiana politics has long stirred a rich gumbo of tall tales and wild rumors. “When I die, bury me in Louisiana,” quipped Gov. Earl Long. “I want to stay involved in politics.” The political culture winked at chicanery. When Klansman David Duke ran for governor against Edwin Edwards in 1991, the incumbent’s bumper stickers read, “Vote for the Crook: It’s Important.” Edwards won. (Later, he went to prison.)

So it was noteworthy when Republican Secretary of State Nancy Landry this month presented the results of a study on the election falsehood du jour: that noncitizens are voting in large numbers. Flanked by sober-suited officials, she announced that a grand total of 79 possible noncitizens

[link removed]

had voted in the state over the last 40 years. By comparison, my colleagues Gabriella Sanchez and Kevin Morris estimate

[link removed]

, more than 74 million votes were cast in the state over those four decades. Noncitizens represented an infinitesimal proportion of those votes.

And Landry acknowledged that she couldn’t even be sure that those 79 were actual cases of ineligible votes being cast — some may have been incorrectly identified as a result of data errors or outdated information. “I want to be clear: Noncitizens illegally registering or voting is not a systemic problem in Louisiana,” Landry declared.

Well, yes. That is consistent with every bit of evidence in every state across the country. Only citizens can vote, and with few exceptions, only citizens do vote. States have a number of systems in place to ensure that only citizens vote. As Landry said

[link removed]

, “I take great pride in the steps our office takes to maintain accurate voter rolls.”

Rare as it may be, any intentional instance of noncitizen voting is wrong. Louisiana has contacted those individuals to seek proof of their citizenship, and individuals could be prosecuted if they indeed registered or voted while ineligible. But the phenomenon is vanishingly rare, as our studies have shown. Don’t take our word for it: The libertarian Cato Institute, funded by the Koch brothers, confirms: “Noncitizens Don’t Illegally Vote in Detectable Numbers

[link removed]

.”

So why the big investigation? And why did the Louisiana legislature just last year pass a law requiring “proof of citizenship” to register and vote? (The League of Women Voters and others are now challenging

[link removed]

that law in court.)

Indeed, Louisiana Rep. Mike Johnson serves as speaker of the House. He has pressed for federal legislation called the SAVE Act, which would require Americans to produce a document like a passport, birth certificate, or naturalization papers to register and vote. Our research shows that at least 21 million American citizens lack ready access to that paperwork. That number does not even count the millions of women whose married names no longer match the names on their birth certificates. (About half of Americans simply don’t have a passport.)

The SAVE Act would be the most restrictive voting law passed by Congress in generations, all to solve a problem now shown to not even exist in the speaker’s own state. Johnson himself has acknowledged as much. When he backed the proposal, he explained

[link removed]

that “we all know intuitively” it must be happening. “But it’s not been something that is easily provable.”

Now his own state’s chief election official, of his own party, has rebutted that “intuition.”

These wild claims of misconduct are being deployed to justify restrictive voting policies. Earlier this year, President Trump illegally tried to seize control of the nation's election system in an executive order that required a passport (not even a birth certificate) to register. We sued, and a federal court blocked the order. The Justice Department has demanded voter records from at least 27 states

[link removed]

. And partisans are pushing for mass purges of the voter rolls, a practice that would inevitably stop many eligible citizens from casting a ballot. These false claims stir nativist fear of immigrants, who are already under assault by an often abusive federal government drive for mass deportation.

All this combines to discredit our elections and undermine public trust in the results.

It may be too much to hope that this reassuring announcement in Louisiana will change many minds. Don’t expect anti-voting activists to sheepishly mutter, “Oh, never mind.” Certainly, we’re girding for a hard fight to ensure that we have free and fair elections in 2026.

But it is a reminder that American elections, despite the rumors, are in fact safe and secure. That voters can cast ballots with confidence. At a time when violence threatens to spiral, when political leaders fan division, it may be possible to fight fear with facts.





Combatting Political Violence

In the wake of the Charlie Kirk assassination, the Brennan Center said, “The murder of Charlie Kirk is outrageous. It is part of a dangerous pattern of violence that threatens the safety of all communities. This violence is unacceptable and tears at the social fabric, and we must find a way to work together to end it.” Documenting the rise of political violence, and finding ways to break the cycle, has been a central part of the Brennan Center's work. Read more

[link removed]

A Check on Federal Abuses

As concerns grow over federal officers patrolling city streets, targeting people who fit the profile of a Latino immigrant, and using excessive force against protesters, state and local authorities have wrestled with how to protect their residents from federal abuses. While they can’t block legitimate federal law enforcement activities, they can decide whether and how their police departments collaborate with federal agencies. “State and local law enforcement officials’ primary obligation is not to support their federal partners. Their duty is to enforce state law and defend the communities they swore to protect,” Mike German writes. Read more

[link removed]

Exposing a DHS Data Breach

An internal oversight report from the Department of Homeland Security, obtained by the Brennan Center through a Freedom of Information Act request, reveals a two-month data breach in 2023 that compromised sensitive information from the FBI, the National Counterterrorism Center, state and local intelligence agencies, and other law enforcement agencies. The breach was caused by a programming error in an information-sharing system used by federal, state, local, and foreign government personnel. “This incident raises questions about how seriously they take information security,” Spencer Reynolds told Wired. Read more

[link removed]

A Primer on Legal Ethics

As the second Trump administration has tested the limits of the rule of law, lawyers have been at the center of several controversies, including politicized pardons, politically motivated investigations, and threats to defy court orders. It’s essential that practicing lawyers inside and outside government understand the ethics rules and standards that guide the legal profession. A Brennan Center report outlines six core principles that must be followed. Read more

[link removed]

Deep Dive into State Courts and Constitutions

Fewer than half of Americans know that their state has its own constitution. And even fewer realize that state constitutions can offer more expansive protections than the federal Constitution. A State Court Report explainer explores the fascinating diversity of state courts and constitutions, including which state has the longest charter and how most states select their high court judges. Read more

[link removed]





Coming Up

VIRTUAL EVENT: The Campaign to Undermine the Midterms

[link removed]

TOMORROW Thursday, September 18, 3–4 p.m. ET





From issuing an unconstitutional executive order to pardoning violent January 6 rioters, President Trump is making a concerted push to undermine American elections — a drive that will likely gather momentum as the 2026 midterms approach. Join us for a live virtual discussion with Brennan Center experts about these unprecedented actions and ways to protect the integrity of the vote. RSVP today

[link removed]



Want to keep up with Brennan Center events? Subscribe to the events newsletter.

[link removed]





News

Maya Kornberg on congressional stock trading disclosure rules // NEWSDAY

[link removed]

Sean Morales-Doyle on the Justice Department’s requests for voter files // MSNBC

[link removed]

Joseph Nunn on the mobilization of the National Guard // BLOOMBERG

[link removed]

Stephen Spaulding on the lack of Supreme Court transparency on major rulings // NBC NEWS

[link removed]

Wendy Weiser on Trump’s threat to deploy troops to New York City on Election Day // THE AMERICAN PROSPECT

[link removed]

Feedback on this newsletter? Email us at [email protected]

mailto:[email protected]







[link removed]

Brennan Center for Justice at NYU School of Law

120 Broadway, Suite 1750 New York, NY 10271

646-292-8310

tel:646-292-8310

[email protected]

mailto:[email protected]

Support Brennan Center

[link removed]

View Online

[link removed]

Want to change how you receive these emails or unsubscribe? Click here

[link removed]

to update your preferences.

[link removed]

[link removed]

[link removed]

[link removed]

[link removed]

[link removed]

[link removed]

[link removed]

[link removed]