Dear John,
Lawyers Defending American Democracy has filed an amicus brief in an important case challenging a presidential Executive Order that would unconstitutionally restrict the number of citizens who could register to vote in federal elections.
The case seeks to prevent yet another administration effort to suppress voting rights. Under the National Voter Registration Act, Congress sought to increase voter registration and encourage more citizens to vote in federal elections. The Act directed the Election Assistance Commission to create a uniform federal registration form, enabling citizens to prove their citizenship without the need to provide documentary evidence.
President Trump’s Executive Order, however, directs the Election Assistance Commission to amend the registration form to require applicants to submit documentary proof of citizenship, violating the Constitution’s foundational principle of separation of powers, as only Congress has authority to regulate federal elections. The Executive Order also frustrates Congress’s purpose in passing the National Voter Registration Act and violates one of the country’s most fundamental rights: the right to vote.
Nonpartisan Plaintiffs, including the League of Latin American Citizens and the League of Women Voters, sued to enjoin enforcement of the documentary evidence requirement throughout the country. The federal district court granted a preliminary injunction, and the nonpartisan plaintiffs filed a summary judgment motion asking that the preliminary injunction be made permanent.
LDAD co-founder and Board member Gershon (“Gary”) Ratner emphasized the need for the courts to understand how this Executive Order undermines the fundamental principles of separation of powers and the right to vote:
“This presidential Executive Order requires the imposition of onerous documentary evidence requirements on citizens who are entitled under federal law to register to vote in federal elections using a federal form without imposing any such burdens. The court needs to make permanent its injunction against this unconstitutional intrusion on Congress’s power to regulate federal elections.”
The efforts to suppress the right to vote are occurring through executive actions that are reverberating throughout the states. LDAD is committed to joining the many efforts to restore this sacred constitutional protection. As Georgetown University Law Center Professor Mitt Regan, who also played a key role in developing this amicus brief, noted:
“The President's unilateral attempt to effectively reduce the number of voters in federal elections is an egregious violation of the separation of powers that poses a serious threat to democracy and the rule of law. Anything short of an injunction would interfere with Plaintiffs’ key mission of registering more eligible persons to vote.”
LDAD is grateful for the tremendous volunteer support that contributed to this brief. We particularly thank LDAD volunteer lawyers Grace Carter and Ed Waldman, Washington & Lee Law Professor Alan Trammell, and Georgetown Law student James Dunne.
Thank you,
Lawyers Defending American Democracy
P.S. We are living in extraordinary times that require constant advocacy to reverse the significant democratic backsliding that we are experiencing. LDAD’s work depends on individual contributions like yours. Please join us in our efforts by donating to LDAD, a 501(c)(3) organization.
