New York Judge Issues Landmark Ruling Affecting More than a Million New York Voters in Advance of the April 2020 Primary Election
Christiaan Perez, LatinoJustice PRLDEF, [email protected], 212-739-7581
Todd Williamson, SKDKnickerbocker, [email protected], 470-717-1133
Becky Stern, Common Cause/NY, [email protected], 516-581-5707
Ashley Baldev, Dechert, LLP, [email protected], 212-649-8702
Judge Orders that All Inactive Voters’ Names Must Be Included on Lists Maintained at All New York Polling Places After Finding That Voters’ Rights Were Violated
WASHINGTON, D.C. – Late Friday, U.S. District Judge Alison J. Nathan of the Southern District of New York issued a landmark decision holding that New York State’s refusal to include inactive voters on poll ledgers used in polling places on Election Day violates the Equal Protection Clause of the United States Constitution and the National Voter Registration Act of 1993. The opinion, following a four-day bench trial in October 2019, requires New York State’s election officials to provide the names of inactive voters to poll workers at all polling places in New York.
The Lawyers’ Committee for Civil Rights Under Law, together with LatinoJustice PRLDEF and the law firm of Dechert LLP, filed suit in federal court in New York on behalf of Common Cause New York in 2017 to restore the voting rights of more than one million inactive New York voters. Judge Nathan cited extensive evidence that New York’s practice of moving voters to “inactive” status based on a single piece of returned election mail resulted in tens of thousands of voters improperly moved to “inactive” status due to widespread postal service errors. The judge found that the refusal to include the names of inactive voters on lists used at polling places caused disenfranchisement, confusion, and delay for voters across New York.
Inactive New York voters such as Denise and Angela Roberts and Stephanie Goldberg testified in the case about their experiences of being disenfranchised in recent elections as a result of New York’s policies. Judge Nathan’s decision marks the first time that a federal court has found that a voting restriction violates individual voters’ rights “as applied” under the NVRA. Additionally, expert witnesses Marc Meredith and Trey Grayson testified about the widespread burdens imposed on voters throughout New York by the state’s procedures.
“LatinoJustice applauds this precedential constitutional victory as we approach important 2020 election cycles,” said Juan Cartagena, LatinoJustice PRLDEF’s President and General Counsel. “The State must immediately implement the mandated Election Day operation reforms by providing polling site staff access to supplemental lists of names of invalid voters so that thousands of New Yorkers will be permitted to exercise their right to vote in upcoming primary elections.”
“This landmark decision tears down a wall that threatened to block millions of New York voters from the polls, and should also serve as precedent against efforts to suppress voting rights across the country,” said Kristen Clarke, President and Executive Director of the Lawyers’ Committee for Civil Rights Under Law. “Our democracy works when every legitimate voter can exercise his or her fundamental right and cast a ballot that counts. The Court’s decision reflects how New York’s antiquated voting laws and procedures have disenfranchised voters and that they continue to need reform.”
“The court's ruling is a huge victory for New York’s voters,” said Susan Lerner, Executive Director of Common Cause/NY. “Purging thousands of New Yorkers is in clear violation of the National Voter Registration Act and we’re so thrilled the Court agreed. Now, at every poll site throughout New York, inactive voters will no longer be denied their basic right to vote,” said Susan Lerner, Executive Director of Common Cause/NY.
“We’re committed to ensuring that all eligible voters are able to participate in our democracy,” added Neil Steiner, a litigation partner at Dechert LLP in New York. “We’re delighted that Judge Nathan’s ruling protects the rights of inactive voters who have not moved and will also reduce confusion and wait times for all voters.”
New York’s inactive voter and affidavit ballot practices, found by Judge Nathan to disenfranchise and impose burdens on voters, 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 voters submitted sworn witness statements, which the Lawyers’ Committee presented as key evidence in the case.
About LatinoJustice PRLDEF
LatinoJustice PRLDEF established in 1972 as the Puerto Rican Legal Defense & Education Fund is a national non-profit civil rights legal defense fund that has advocated for and defended the constitutional rights of all Latinos and other people of color to ensure their equal protection under the law since 1972. LatinoJustice has engaged in and supported law reform litigation across the country combatting discriminatory policies and practices in areas such as immigrants’ rights, criminal justice, education, employment, fair housing, language rights, redistricting, telecommunications, and voting rights. For more information on LatinoJustice, please visit: www.latinojustice.org.
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.”
Dechert is a leading global law firm with 26 offices around the world. We advise on matters and transactions of the greatest complexity, bringing energy, creativity and efficient management of legal issues to deliver commercial and practical advice for clients.
Read the Finding of Facts and Conclusion of the Law here.