Build It, Move It, Protect It: A Donation Strategy for 2023
Part 2: Voter Protection (Litigation)
The third prong of Build It, Move It, Protect It is voter protection. This prong contains at least two types of voter protection advocacy, which I am going to label “Information” and “Litigation.” Information on threats to voting rights is essential for folks engaging in action to address those threats. And, of course, the folks engaged in Litigation are the ones on the frontlines of the voting rights fights. Most of this latter work is done by private law firms aligned with a political party, such as Elias Law Group, or with individual candidates. But quite a bit of the advocacy work is done by organizations like the ACLU and Legal Defense Fund. Most of these groups engage in both kinds of activities to varying degrees and the distinction I am making here is mostly for convenience.
This post will focus on groups principally doing Litigation. A follow-up post will focus on the Information. There are several ways that organizations get involved in legal cases concerning voter protection. One is to represent the plaintiff or defendant, depending on which side is the voting rights side. Another is to intervene in an ongoing lawsuit between other parties. This is where the organization can claim an interest in the suit and be allowed by the court to join in as what is called an intervenor-party – in voting rights cases it would revolve around the suit impacting the organization or its members. Intervention, other than where permitted by statute, is more likely to be used by membership organizations, such as the ACLU. Another is to support or oppose a lawsuit through submitting an amicus brief. Amicus briefs are legal arguments submitted by permission of the court to bring in expert opinions on legal matters that arise in a lawsuit. These briefs are advisory only and organizations that submit them continue to be nonparties to the suit.
American Civil Liberties Union – The ACLU is the nation’s preeminent civil liberties advocacy group. It works on over a dozen different issue areas and has been active in voting rights litigation for some time. Recently, it has filed an amicus brief in Moore v Harper , a case which some fear may lead to the US Supreme Court embracing the Independent State Legislature theory. The North Carolina Supreme Court struck down the legislature’s Congressional redistricting map as an extreme gerrymander. Members of the legislature have sued, claiming that state legislatures have the plenary authority to make law and policy on elections under the US Constitution. This is an extreme position that has no basis in law or history, but with the current make-up of the Court who can say how they might rule. However, the case may be mooted by an unprecedented re-hearing scheduled by the North Carolina Supreme Court after the partisan balance of the court changed in the last election. You can support the ACLU here.
Election Protection – In 2004, I worked with Election Protection in Dade County, Florida during the presidential election. EP is a nonpartisan nonprofit organization. The organization is well known for its hotlines that give voters and organizers real-time legal advice about problems they are having at the polls. In 2004, I was a Mobile Field Attorney. That meant that I was supervising a number of polling places with a colleague. We would drive around all day and meet with volunteers who were stationed at the polls to both gather and provide information. The biggest problem we had in my region that year was changing polling places since the last election. The places themselves remained the same, but precincts were changed. Some voters waited in line for an hour or more only to find out that, yes, this was where they voted in 2002, but now they had to drive 12 miles away to vote. So, we had our on-the-ground volunteers talk to voters as they got in line to warn them they might be in the wrong place.
Since 2004 most of my voter protection work has been done with either the Democratic Party, specific candidates, or other partisan efforts. I am not sure if EP still does the kind of on-the-ground work that I and others did in 2004, but they have a very sophisticated hotline system that is an invaluable resource. They also partner with some of the other organizations I am highlighting in this post. EP is also working on mobilizing youth voters, particularly at Historically Black Colleges & Universities. So, EP’s work is broader than just voter protection (although from EP’s point of view, all three prongs of Build It Move It Protect It are likely considered “election protection”). You can support Election Protection here.
Fair Fight Action – Fair Fight, a Georgia nonprofit founded by Stacey Abrams, does a great deal of organizing around voting rights, but also engages in legal action. It has an associated political action committee (Fair Fight PAC) which supports state voter protection programs and works to elect pro-voting rights candidates to public office. Fair Fight has sued a right-wing voter suppression and intimidation organization called True the Vote for, well, voter suppression and intimidation. You can support Fair Fight Action here.
Lawyers Committee for Civil Rights Under the Law – The Lawyers Committee has been working on voting rights since 1963, but since 1965 has focused on Voting Rights Act litigation. They “litigate cases on behalf of voters who are traditionally disenfranchised or face the fiercest voter suppression tactics.” Additionally, they partner with Election Protection to provide assistance with the voting hotlines. In addition to various voting rights lawsuits filed during the 2020 election cycle, The Lawyers Committee has since sued the state of Georgia over the package of voter suppression provisions enacted in SB 202. You can support the Lawyers Committee here.
Legal Defense Fund – The Legal Defense Fund is the legal arm of the NAACP. Through its Political Participation program, LDF litigate in several issue areas including voter protection. LDF litigates through representing parties, intervening, and by submitting amicus briefs. LDF intervened in the 2013 case of Shelby County v. Holder, in which the US Supreme Court gutted the preclearance requirements in Section 5 of the Voting Rights Act. More recently, LDF filed an amicus brief in Brnovich v Democratic National Committee, in which the DNC sued the state of Arizona over two voter suppression laws (banning out-of-precinct voting and 3rd party ballot collection – with the former being made a criminal offense). LDF has filed lawsuits challenging voter suppression laws in Florida and Georgia. LDF gets involved in most major voting rights lawsuits. You can support LDF here.
PROGRAM NOTE: In this series, I am giving you some suggestions for where to donate this year. I do not mean to suggest that any of the organizations mentioned are more important than other organizations doing the work. If you know of organizations doing organizing, mobilizing, or voter protection work, donate to them. But, if you don’t, I am just making some suggestions for you. I am not making a statement that any of these organizations are the best ones to donate to – but they are good ones to support. If you know of organizations doing this work that you think I should amplify, please let me know. I am a one-person volunteer shop; I can’t catch everything without your help. If there is enough interest, I am considering highlighting the work of specific organizing groups in battleground states either through dedicated posts to their work or via a podcast.