The past couple weeks have been frustrating for those of us working to ensure the freedom to vote.
First, the For the People Act hit a procedural barrier in the U.S. Senate: Two weeks ago, Senate leadership brought the For the People Act—urgently needed legislation to help make the promise of democracy real for us all—to a procedural vote on whether to begin debate. U.S. Sen. Joe Manchin, who had expressed concerns about aspects of the bill, voted to support beginning debate and expressed a desire to work for a bipartisan compromise that would include many of the key elements of the bill in final legislation.
Despite Manchin’s efforts, no Republicans voted to allow the bill to be debated and for the amendment process to begin. Although there were 50 votes in favor, current Senate rules require a supermajority of 60 votes to end the filibuster and begin debate.
The need for action from Congress becomes clearer each day, and it became even clearer last week, when the U.S. Supreme Court issued a decision in Brnovich v. DNC, a voting rights case out of Arizona. The Court’s decision further limits the reach of the Voting Rights Act and upheld two Arizona policies that make it harder for Latino, Native American and Black voters to vote. On the day of the decision, CLC’s Paul Smith, a veteran Supreme Court litigator, explained what this case means; I encourage you to watch Paul’s video analysis of Brnovich v. DNC here.
Congressional inaction is not an option when it comes to protecting Americans’ fundamental freedom to vote. I have testified before Congress in favor of the For the People Act, and we will continue to work to promote these provisions in Congress.
While congressional leaders determine their next steps, efforts continue elsewhere, at the federal, state and local levels. The federal legislative branch is not the only actor that can—and must—act to help advance accessible and inclusive elections.
The Executive Branch, for example, can take actions of its own while Congress is working to pass legislation. It has already indicated it intends to do so, and CLC’s attorneys are deploying their expertise to help advance democracy through executive branch action.
On March 7, 2021—the anniversary of Bloody Sunday—President Biden issued an executive order requiring the federal government to leverage its power to facilitate access to voter registration and voting, in part by directing each federal agency to develop concrete plans within 200 days of March 7 about how they will expand citizens’ opportunities to participate in our elections.
We are now more than halfway toward the executive order’s 200-day deadline. In order to ensure the federal government delivers on its promise, CLC wrote legal memorandato the White House and to those federal agencies particularly well positioned to support historically marginalized voters. CLC’s memos advise how these agencies, with best practice recommendations, can make strides to meet their mandate.
The agencies CLC wrote to include the Departments of Education and Housing and Urban Development (HUD), the General Services Administration (GSA), the Bureau of Prisons, the U.S. Marshals and the Executive Office of U.S. Attorneys.
Another agency that can help is the Federal Bureau of Prisons. A long-overlooked democracy issue is jail-based disenfranchisement—many voters in jail are eligible to vote, but they may not know it, or they may face barriers that prevent them from exercising their rights. CLC's memorandum to the Federal Bureau of Prisons outlines how the agency can help. This includes developing and publishing jail voting policies and procedures to govern the agency at-large and each prison, and maintaining centralized resources and best practice guidelines to assist in facilitating voter registration and voting in BOP facilities.
These are just two agencies, but opportunities abound across the federal government. We hope the Biden-Harris administration continues to consult with civil rights groups, impacted constituencies and experts as it finalizes its plans to comply with the executive order. This is an exciting way to help voters.
The path to making the promise of democracy real for us all is a marathon, not a sprint, and we will stay the course. I have been in Washington a long time, and I have seen the winds change just when you think things aren’t going to work out (the Bipartisan Campaign Reform Act of 2002, a.k.a. McCain-Feingold, is a great example).
We will keep pressing forward in Congress, and we anticipate positive developments as the Executive Branch produces its plans to advance President Biden’s executive order in the coming months.
The nonpartisan Campaign Legal Center is dedicated to advancing democracy through law at the federal, state and local levels, fighting for every American’s rights to responsive government and a fair opportunity to participate in and affect the democratic process.
