Lawyers’ Committee for Civil Rights Under Law’s Statement: SCOTUS Decision on Husted v. A. Philip Randolph Institute

WASHINGTON, DC – Kristen Clarke, president and executive director of the Lawyers’ Committee for Civil Rights Under Law (Lawyers’ Committee), issued the following statement Monday regarding the U.S. Supreme Court’s 5-4 ruling in Husted v. A. Philip Randolph Institute, holding that the process at issue - failure to vote as the basis for canceling voter registrations - does not violate federal law:

“This decision is a monumental setback for those who care about access to democracy in our country. The Court’s decision could not come at a more important time with the 2018 midterm election season well underway.  The Court’s decision send the wrong message to state officials, some of whom will likely interpret this decision as a green light to purge the registration rolls of legitimately registered voters.  

“Moreover, the Court’s 5-4 ruling ignores the long and discriminatory history of purge programs in our country, which have been repeatedly used at the state and local levels to unfairly and disproportionately target minority voters. As Justice Sotomayor aptly observes, today’s decision forces minority communities to be ‘even more proactive and vigilant in holding their states accountable and working to dismantle the obstacles they face in exercising the fundamental right to vote.’”

The case was a challenge to one of the practices that Ohio uses for removing voters from its registration lists: Election boards mail notices to registered voters who have not voted in two years, asking them to confirm that they are still eligible to vote. If a voter fails to return the notice, the voter’s registration is cancelled.

The National Voter Registration Act was designed to increase voter registration and turnout rates, specifically in communities of color.  In an amicus brief filed in September, the Lawyers’ Committee for Civil Rights Under Law noted that racial minorities are disproportionately affected under Ohio’s removal process, especially after lower turnout midterm elections.  In 2014, 67 percent of registered non-Hispanic whites cast a ballot compared to 63 percent of registered African Americans, 56 percent of Asians or Pacific Islanders, and 53 percent of Latinos.

To report a potentially unlawful voter purge program in your community, call our Election Protecting Hotline at 866-OUR-VOTE. Election Protection - the nation’s largest nonpartisan voter protection coalition led by the Lawyers’ Committee for Civil Rights Under Law – has trained volunteers available to answer questions for voters casting ballots during tomorrow’s primary election day in Maine, Virginia, North Dakota, South Carolina, and Nevada, and throughout the year.

About the Lawyers’ Committee for Civil Rights Under Law:

The Lawyers’ Committee, a nonpartisan, nonprofit organization, was formed in 1963 at the request of President John F. Kennedy to involve the private bar in providing legal services to address racial discrimination.  Now in its 55th year, the Lawyers’ Committee for Civil Rights Under Law is continuing its quest to “Move America Toward Justice.” The principal mission of the Lawyers’ Committee for Civil Rights Under Law is to secure, through the rule of law, equal justice for all, particularly in the areas of criminal justice, fair housing and community development, economic justice, educational opportunities, and voting rights. For more information, please visit https://lawyerscommittee.org.

About Election Protection:

Election Protection is the nation’s largest nonpartisan voter protection coalition, led by the Lawyers’ Committee for Civil Rights Under Law. Through its suite of hotlines, including the 866-OUR-VOTE hotline (866-687-8683) administered by the Lawyers’ Committee, 888-VE-Y-VOTA (888-839-8682) administered by NALEO Educational Fund, 888-API-VOTE (888-273-8683) administered by APIAVote and Asian Americans Advancing Justice-AAJC and a dedicated team of trained legal and grassroots volunteers, Election Protection helps all American voters, including traditionally disenfranchised groups, gain access to the polls and overcome obstacles to voting.  The coalition has more than 100 partners—including Advancement Project, Asian American Legal Defense and Educational Fund, Brennan Center for Justice, Common Cause, League of Women Voters of the United States, NAACP, National Bar Association, National Coalition on Black Civic Participation, State Voices, Rock the Vote and Verified Voting Foundation—at the national, state and local levels and provides voter protection services nationwide.  For more information about Election Protection and the 866-OUR-VOTE hotline, please visit www.866ourvote.org.