In The Courts

Eligible Philadelphia-area voters who submitted mail ballots in the September 17, 2024 special election only to have their votes set aside because they omitted or miswrote the correct date on their outer return envelope – even though the date is not used for any purpose – sued to have their votes count. Plaintiffs urge the courts to rule that enforcing the irrelevant envelope-dating requirement to disenfranchise eligible voters violates the Pennsylvania Constitution's Free and Equal Elections Clause.

This lawsuit challenges HB 1569, a new law that will make New Hampshire the only state to require every person to produce documentary proof of citizenship when they register to vote for both state and federal elections. It also challenges HB 1569’s elimination a preexisting protection for voters—namely, an affidavit option that allowed voters who faced surprise challenges to their eligibility at the polls to swear to their qualifications and cast a ballot. Accordingly, HB 1569 violates the First and Fourteenth Amendments of the U.S. Constitution by placing substantial burdens on New Hampshirites at all stages of the voting process, and will arbitrarily disenfranchise hundreds, if not thousands of qualified voters.

Mississippi has a growing Black population, which is already the largest Black population percentage of any state in the country. Yet. Black Mississippians continue to be significantly under-represented in the state legislature, as Mississippi’s latest districting maps fail to reflect the reality of the state’s changing demographics. During the 2022 redistricting process, the Mississippi legislature refused to create any new districts where Black voters have a chance to elect their preferred representative. The current district lines therefore dilute the voting power of Black Mississippians and continue to deprive them of political representation that is responsive to their needs and concerns, including severe disparities in education and healthcare.

This case arises from the November 2024 election for state supreme court justice in North Carolina. Incumbent State Supreme Court Justice Allison Riggs defeated Court of Appeals Judge Jefferson Griffin, but Griffin has filed a petition seeking to invalidate more than 65,000 votes from the election. He argues that the state Board of Elections impermissibly allowed 60,000 people to register without providing their driver’s licenses or social security numbers, and that the Board impermissibly allowed 5,500 overseas voters to cast absentee ballots without photo identification. The petition has resulted in both federal and state litigation, and the ACLU has submitted amicus briefs in both venues. In the U.S. Court of Appeals for the Fourth Circuit, the ACLU’s Voting Rights Project and the ACLU of North Carolina filed an amicus brief explaining that the petition’s attempt to cancel tens of thousands of votes threatens democratic backsliding in North Carolina. Separately, in the North Carolina Court of Appeals, the ACLU’s State Supreme Court Initiative and the ACLU of North Carolina submitted an amicus brief explaining that, even if the Board did make mistakes, cancelling votes as a consequence of those mistakes would violate the popular sovereignty provision of the North Carolina Constitution because voters relied on the Board to know how to register and vote.