New York, NY – Today, trial begins in a voting rights case that will affect hundreds of thousands of voters in New York City and statewide. The case, which is led by the Lawyers’ Committee for Civil Rights Under Law and Common Cause New York, together with pro bono law firm Dechert LLP and LatinoJustice PRLDEF, is being heard at a federal courthouse in Manhattan by Judge Allison J. Nathan of the United States District Court for the Southern District of New York.
The lawsuit, Common Cause New York v. Brehm, challenges New York State’s practice of removing thousands of eligible voters from the poll books used on Election Day and forcing these voters to cast provisional ballots, which may or may not be counted. These practices not only add to wait times at polling places but regularly disenfranchise eligible voters, disproportionately affect minority, low-income, and young voters.
“This case involves an outdated New York statute that disenfranchises too many New Yorkers in violation of federal law and the Constitution,” said Kristen Clarke, President and Executive Director of the Lawyers’ Committee for Civil Rights Under Law. “Many voters in New York have shared their stories with the Lawyers’ Committee about how their right to vote was burdened by this law and we are standing with them to say ‘we hear you’ and ‘we will fight for you.’”
New York’s inactive voter and affidavit ballot practices are emblematic of barriers across the country that burden voters and suppress the vote.
In recent years, many New York voters have contacted the Lawyers’ Committee through its Election Protection hotline to report difficulties and share their voting experiences. Election Protection not only provides information and resources to voters nationwide, but also assists voters in documenting the issues they have experienced so that jurisdictions can be held accountable for their election practices. A number of voters contacted the Election Protection hotline to report that they were not listed in the poll books and had to cast affidavit ballots in 2016 and 2018. Later, these reports were submitted as sworn witness statements, which the Lawyers’ Committee is presenting as key evidence in this case.
“Common Cause New York and our tens of thousands of members believe that voting is a key right for Americans, not a privilege for the few. Purging eligible voters from the rolls is a clear violation of the National Voter Registration Act and the Constitution—we trust the courts will see it that way, too,” said Susan Lerner, Executive Director of Common Cause/New York.
Common Cause New York, the lead plaintiff in the case, is a nonpartisan organization aimed to uphold key democratic values across various issue areas, including voter rights, clean campaigning and free press. The Lawyers’ Committee, LatinoJustice PRLDEF, and Dechert LLP seeks to continue collaborating with Common Cause New York and other like-minded organizations to fight back against voter suppression and empower people to exercise their civil rights.
About the Lawyers’ Committee for Civil Rights Under Law
The Lawyers’ Committee for Civil Rights Under Law, 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 56th 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.
About Common Cause
Common Cause New York is a nonpartisan, nonprofit organization that aims to uphold the nation’s core democratic principles through advocacy and organizing. New York is just one of the dozens of chapters throughout the Country. Founded in 1970 by John W. Gardner, Common Cause advances its efforts in civil rights, particularly in the areas of clean elections, sound ethics in politics, and voting rights. The guiding mission of the organization is “to hold power accountable,” and to “build a democracy that works for us all.”
About LatinoJustice PRLDEF
LatinoJustice PRLDEF, originally established as the Puerto Rican Legal Defense and Education Fund (PRLDEF) in 1972, is one of the foremost national nonprofit civil rights legal defense and education funds working to advance, promote, and protect the legal rights of Latina/os throughout the nation. Our work is focused on addressing systemic discrimination and ensuring equal access to justice in the advancement of voting rights, housing rights, educational equity, immigrant rights, language access rights, employment rights, and workplace justice, seeking to address all forms of discriminatory bias that adversely impact Latina/os. For more information on LatinoJustice, please visit: www.latinojustice.org.
