Nonprofits Active in Voting Rights Issues before Midterm Elections

As the midterm elections approach, nonprofit organizations are staying active in voting rights issues. Nonprofits have played key roles in the settlement of a New Mexico voting rights case, opposition to the state of Georgia's challenge to the federal Voting Rights Act, and advocacy supporting the Fair Elections Now Act. Through these and other activities, nonprofits are advocating for a process that ensures that their constituencies' interests are represented.

New Mexico Voting Rights Case

On July 7, New Mexico settled Valdez v. Herrera, a case resulting from the state's failure to implement the National Voter Registration Act (NVRA), also known as the "Motor Voter Act." Congress passed the NVRA in 1993, and the law mandates that voter registration be made available when people apply for or renew their driver's licenses. Section 7 of the act also requires that voter registration applications be made available at state offices providing services to persons with disabilities and at all state agencies offering public assistance programs, including Food Stamps, Temporary Assistance for Needy Families (TANF), and Medicaid.

The New Mexico settlement is the end result of efforts that nonprofits began one year ago to force New Mexico to implement the law. In July 2009, Project Vote, the Lawyers’ Committee for Civil Rights Under Law, and Dēmos, along with Advocates for Justice and Reform Now, Freedman Boyd Hollander Goldberg & Ives, and DLA Piper LLP, sued New Mexico Secretary of State Mary Herrera and other state officials for failing to implement the NVRA.

The groups filed the lawsuit on behalf of four New Mexico residents, including Cecilia Valdez, who applied for licenses and/or benefits at various state agencies but were not asked or advised about registering to vote or updating their voter registration information. ACORN was also a plaintiff in the case until it ceased operating in New Mexico earlier in 2010.

According to Project Vote, as a result of the settlement, the New Mexico Motor Vehicle Division (MVD) "must update computer systems, websites, training practices, monitoring, reporting, and other oversight details to offer voter registration with the same degree of assistance as any other MVD license, identification card, or renewal. The Secretary of State will designate a State NVRA Coordinator to oversee statewide compliance, and a local NVRA Coordinator will be assigned to every MVD office. Signs will be posted in MVD offices to inform the public that voter registration services are available, and the Secretary of State website and MVD websites will be updated to include additional voter registration information."

Robert Kengle, co-director of the Lawyers’ Committee Voting Rights Project, applauded New Mexico for agreeing to the settlement and noted in a press release that "[t]housands of New Mexico residents now will have the opportunity to register to vote simultaneously with applying for a driver’s license or a state identification card."

Georgia's Challenge to the Voting Rights Act

Nonprofits have also been actively engaged in another voting rights case. On July 6, the American Civil Liberties Union (ACLU), the ACLU of Georgia, and the Lawyers' Committee for Civil Rights Under Law filed a motion to intervene in Georgia v. Holder, the State of Georgia's challenge to the Voting Rights Act. Georgia filed suit against the U.S. Department of Justice because the state wants the federal government to allow Georgia to verify each voter's citizenship before allowing him or her to vote.

The Justice Department has declined to approve the request under Section 5 of the Voting Rights Act, over concerns that Georgia's citizenship verification procedure unfairly targets minority voters. Section 5 requires all or part of 16 states, including nine states in their entirety, to seek federal approval before changing election rules or procedures due to past laws and practices that discriminated against and disenfranchised racial minorities.

"The suit says if the federal court declines to approve Georgia's voter verification process, it should declare Section 5 of the Voting Rights Act unconstitutional," according to the Atlanta Journal-Constitution.

Civil rights groups are intervening to protect the rights of minority voters. "The many U.S. citizen minority voters in Georgia who were incorrectly flagged as non-citizens under the state's voter-verification procedures can attest to the fact that discrimination in voting continues and the need for Section 5 remains," said Laughlin McDonald, of the ACLU Voting Rights Project, in a press release.

Fair Elections Now Act

Nonprofits have also played an important role in pushing for public financing legislation, particularly the Fair Elections Now Act. Common Cause and Public Campaign have been leading efforts to get the legislation passed. The two groups plan to spend up to $15 million on a campaign to pass the legislation, according to The Washington Post.

The legislation, sponsored by Reps. John Larson (D-CT) and Walter Jones (R-NC) as H.R. 1826 and Sen. Richard Durbin (D-IL) as S. 752, has been referred to the House Administration Committee and the Senate Committee on Rules and Administration. The House Administration Committee has already held hearings on the legislation; there is no word on when the Senate plans to hold a hearing or markup its bill.

The legislation would create a voluntary public financing system for congressional candidates. Participants would be required to raise a minimum amount of money from a certain number of in-state donors who could contribute no more than $100. Participants would then receive $400 for every $100 raised after meeting a certain threshold.

There is a slight funding difference between the House and Senate versions. The Washington Post notes that the "House bill would generate funds through a fee on auctions of unused portions of the broadcast spectrum, and the Senate bill would rely on a fee paid by large federal contractors based on how much government business they have."

According to the Post, on July 15, Common Cause and Public Campaign "plan to unveil details about [their] campaign, which will include TV ads targeting wavering lawmakers and grass-roots efforts in 24 states."

Nonprofits have a history of engaging in election-related activities and ensuring that individual voting rights are protected. Nonprofit actions can significantly impact elections by removing barriers from the voting process and ensuring that the electoral process is fair and transparent.

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