Fighting Voter Suppression
League of Women Voters Education Fund v. Trump
On March 25, 2025, in a sweeping and unprecedented Executive Order, President Trump attempted to usurp the power to regulate federal elections from Congress and the States. Among other things, the Executive Order directs the Election Assistance Commission鈥攁n agency that Congress specifically established to be bipartisan and independent鈥攖o require voters to show a passport or other citizenship documentation in order to register to vote in federal elections. If implemented, the Executive Order would threaten the ability of millions of eligible Americans to register and vote and upend the administration of federal elections.
On behalf of leading voter registration organizations and advocacy organizations, the ACLU and co-counsel filed a lawsuit to block the Executive Order as an unconstitutional power grab.
Status: Ongoing
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92 Fighting Voter Suppression Cases
South Carolina
Dec 2025
Fighting Voter Suppression
NAACP South Carolina State Conference v. Wilson
All voters with disabilities have the right to receive assistance voting from a person of their choice. South Carolina prohibits some voters with disabilities from receiving assistance and limits who voters can rely on for assistance. Voters with disabilities and the NAACP South Carolina State Conference sued to challenge those laws under Section 208 of the Voting Rights Act and protect disabled voters鈥� right to assistance.
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South Carolina
Dec 2025
Fighting Voter Suppression
NAACP South Carolina State Conference v. Wilson
All voters with disabilities have the right to receive assistance voting from a person of their choice. South Carolina prohibits some voters with disabilities from receiving assistance and limits who voters can rely on for assistance. Voters with disabilities and the NAACP South Carolina State Conference sued to challenge those laws under Section 208 of the Voting Rights Act and protect disabled voters鈥� right to assistance.
New Hampshire
Dec 2025
Fighting Voter Suppression
Coalition for Open Democracy v. Scanlan
This lawsuit challenges HB 1569, a new law that will make New Hampshire the only state to require every person to produce documentary proof of citizenship when they register to vote for both state and federal elections. It also challenges HB 1569鈥檚 elimination a preexisting protection for voters鈥攏amely, an affidavit option that allowed voters who faced surprise challenges to their eligibility at the polls to swear to their qualifications and cast a ballot. Accordingly, HB 1569 violates the First and Fourteenth Amendments of the U.S. Constitution by placing substantial burdens on New Hampshirites at all stages of the voting process, and will arbitrarily disenfranchise hundreds, if not thousands of qualified voters.
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New Hampshire
Dec 2025
Fighting Voter Suppression
Coalition for Open Democracy v. Scanlan
This lawsuit challenges HB 1569, a new law that will make New Hampshire the only state to require every person to produce documentary proof of citizenship when they register to vote for both state and federal elections. It also challenges HB 1569鈥檚 elimination a preexisting protection for voters鈥攏amely, an affidavit option that allowed voters who faced surprise challenges to their eligibility at the polls to swear to their qualifications and cast a ballot. Accordingly, HB 1569 violates the First and Fourteenth Amendments of the U.S. Constitution by placing substantial burdens on New Hampshirites at all stages of the voting process, and will arbitrarily disenfranchise hundreds, if not thousands of qualified voters.
Oregon
Nov 2025
Fighting Voter Suppression
United States v. Oregon (Amicus)
Representing the ACLU of Oregon, the ACLU Voting Rights Project and the ACLU of Oregon filed an amicus brief in a federal lawsuit over the federal government鈥檚 demand that Oregon turn over its entire voter registration rolls, including with voters鈥� sensitive personal data such as drivers鈥� license numbers and partial social security numbers.
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Oregon
Nov 2025
Fighting Voter Suppression
United States v. Oregon (Amicus)
Representing the ACLU of Oregon, the ACLU Voting Rights Project and the ACLU of Oregon filed an amicus brief in a federal lawsuit over the federal government鈥檚 demand that Oregon turn over its entire voter registration rolls, including with voters鈥� sensitive personal data such as drivers鈥� license numbers and partial social security numbers.
Washington, D.C.
Oct 2025
Fighting Voter Suppression
Comments on Petition of America First Legal for Rulemaking Before the Election Assistance Commission
The ACLU, along with several partner organizations, is opposing a request to the U.S. Election Assistance Commission from the America First Legal Foundation (AFL) for a new rulemaking to consider changing the federal voter registration form to add a requirement for documentary proof of citizenship.
The federal voter registration form was created by the National Voter Registration Act (NVRA), and under federal law almost all states in the country have to accept it as a form of mail voter registration. As intended by the NVRA, the form is a one page, streamlined application that an individual can complete and mail-in without providing any additional documentation. If the rules about the federal form are changed so that additional documentation is required, it is likely that many states would also change their own state voter registration forms to require documentary proof of citizenship.
This change would potentially disenfranchise millions of eligible U.S. citizens.
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Washington, D.C.
Oct 2025
Fighting Voter Suppression
Comments on Petition of America First Legal for Rulemaking Before the Election Assistance Commission
The ACLU, along with several partner organizations, is opposing a request to the U.S. Election Assistance Commission from the America First Legal Foundation (AFL) for a new rulemaking to consider changing the federal voter registration form to add a requirement for documentary proof of citizenship.
The federal voter registration form was created by the National Voter Registration Act (NVRA), and under federal law almost all states in the country have to accept it as a form of mail voter registration. As intended by the NVRA, the form is a one page, streamlined application that an individual can complete and mail-in without providing any additional documentation. If the rules about the federal form are changed so that additional documentation is required, it is likely that many states would also change their own state voter registration forms to require documentary proof of citizenship.
This change would potentially disenfranchise millions of eligible U.S. citizens.
Alaska
Sep 2025
Fighting Voter Suppression
Racial Justice
Smith v. State of Alaska (Amicus)
The ACLU and ACLU of Alaska have filed an amicus in support of Tupe Smith, a woman born in American Samoa who now lives in Whittier, Alaska charged with falsely affirming that she was a U.S. citizen when she registered to vote. But Tupe Smith is not an 鈥渁lien鈥� under the law. People, like her, born in the U.S. territory of American Samoa are the only remaining individuals recognized as 鈥渘on-citizen U.S. nationals,鈥� a unique status that falls short of 鈥渃itizen鈥� but nonetheless recognizes that American Samoa has been part of the United States for over 125 years.
All evidence indicates that Ms. Smith believed that, as a non-citizen U.S. national, she was eligible to vote in local elections when she registered to vote. In fact, local election officials encouraged her to check the box labeled "U.S. citizen" when she registered, given the fact that there was no option for "U.S. national."
Our amicus brief urges Alaska鈥檚 Court of Appeals to dismiss Tupe Smith鈥檚 indictment because of well-settled principles that election-crime statutes should be construed to avoid punishing innocent mistakes. Separately, we warn that upholding a different view of the law would make Alaska an outlier among the states.
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Alaska
Sep 2025
Fighting Voter Suppression
Racial Justice
Smith v. State of Alaska (Amicus)
The ACLU and ACLU of Alaska have filed an amicus in support of Tupe Smith, a woman born in American Samoa who now lives in Whittier, Alaska charged with falsely affirming that she was a U.S. citizen when she registered to vote. But Tupe Smith is not an 鈥渁lien鈥� under the law. People, like her, born in the U.S. territory of American Samoa are the only remaining individuals recognized as 鈥渘on-citizen U.S. nationals,鈥� a unique status that falls short of 鈥渃itizen鈥� but nonetheless recognizes that American Samoa has been part of the United States for over 125 years.
All evidence indicates that Ms. Smith believed that, as a non-citizen U.S. national, she was eligible to vote in local elections when she registered to vote. In fact, local election officials encouraged her to check the box labeled "U.S. citizen" when she registered, given the fact that there was no option for "U.S. national."
Our amicus brief urges Alaska鈥檚 Court of Appeals to dismiss Tupe Smith鈥檚 indictment because of well-settled principles that election-crime statutes should be construed to avoid punishing innocent mistakes. Separately, we warn that upholding a different view of the law would make Alaska an outlier among the states.