Ohio Citizens and Legal Groups Ask Federal Judge to Enforce Prior Ruling Against Requiring Naturalized Citizens to Produce Proof of Citizenship if Challenged at Ballot Box

CLEVELAND, Ohio — The American Civil Liberties Union, ACLU of Ohio, Brennan Center for Justice at NYU Law, and Subodh Chandra of the Chandra Law Firm LLC, filed an emergency civil contempt motion on behalf of victorious plaintiffs in Boustani v. Blackwell, a federal case from 2006, in which Judge Christopher Boyko of the Northern District of Ohio permanently blocked the secretary of state from enforcing a law that required voters to produce their naturalization papers if they are challenged at a polling place on the ground that they are not a U.S. citizen.

Earlier this month, in defiance of that court order, Ohio Secretary of State Frank LaRose revived this unlawful requirement by revising the form used by election officials to challenge voters at the polls on the basis of citizenship. Early voting is already underway in the state.

The motion was filed on behalf of original plaintiffs Laura Boustani, Margaret Wong, Dagmar Celeste, the Federation of India Community Associations, CAIR-Ohio, and Service Employees International Union District 1199.

“Requiring naturalized citizens to bring additional documentation to verify their eligibility to vote is not only burdensome and discriminatory, it’s unlawful. After nearly 20 years of compliance with the federal injunction, Secretary LaRose suddenly decided to defy the injunction and impose an 11th-hour requirement forcing naturalized citizens to produce these papers. We are hurrying back to the court, asking it to enforce its long-standing order,” said Freda Levenson, legal director of the ACLU of Ohio.

“Just days before early voting started, with no public notice, Secretary LaRose added a new, unnecessary, and illegal barrier to voting. Ohioans who are naturalized citizens are citizens, period, and shouldn’t be subjected to extra requirements to cast a ballot,” said Alice Clapman, senior counsel with the Brennan Center's voting rights program.

“The federal court ruled that other than eligibility for the presidency, there is no second-class citizenship in America. Frank LaRose’s determination to flout both that constitutional principle and a federal court order represents open defiance of the rule of law — and he must be held accountable to protect the right to vote,” said Subodh Chandra.

“Historically, we have seen the many attempts to suppress the votes of marginalized people in this country and this is yet another effort to disenfranchise voters. This comes after a strong effort to register people to vote from more Black and brown communities across Ohio for this election. It is a shameful act from Frank LaRose to add obstacles in the way of a certain group of Americans from exercising their right to participate in democracy,” said Faten Husni Odeh, executive director of the Council on American-Islamic Relations, Ohio.

“Like members of other communities, many Indian-Americans are proud, naturalized citizens. They should never be mistreated when they exercise their precious right to vote. We will fight to enforce that principle,” said Sudarshan Sathe, chairman of the Federation of India Community Associations.

The plaintiffs request that Judge Boyko enforce his original ruling and order Secretary LaRose to revoke his revised form and return to the prior, longstanding one that complies with the 2006 ruling by allowing voters who are challenged on the basis of citizenship to vote a regular ballot if they affirm they are a U.S. citizen.

A copy of the motion is online here.