ACLU Comment on the Freedom to Vote Act

The Electoral College meets December 17th to certify the results of the 2024 election, but why? The ACLU breaks down if the process is worth keeping.

We sued elections officials in Arizona to extend the mail ballot “cure” deadline after ballot processing delays threatened to disenfranchise thousands of voters without notice.

ORANGE COUNTY, Calif. — On November 7, a New York State Supreme Court trial judge issued an opinion striking down the John R. Lewis Voting Rights Act of New York (NYVRA). Today, the Legal Defense Fund, American Civil Liberties Union, LatinoJustice PRLDEF, Asian American Legal Defense and Education Fund, New York American Civil Liberties Union, and Brennan Center for Justice at NYU Law issued the following statement in response to the ruling: “The NYVRA is unquestionably constitutional, and protects the freedom to vote for all New Yorkers by helping to ensure voters are not subjected to discrimination when participating in the political process. “The Nov. 7 decision by a state trial judge is deeply flawed and plainly incorrect. We fully expect the decision to be reversed on appeal. It flies in the face of basic legal principles and constitutes a stunning overreach in striking down the entire law, including provisions that are not at issue in the case. “To put it simply, the NYVRA does not discriminate, it bans discrimination – and in doing so protects New Yorkers’ most fundamental right. “New York is stronger when everyone has an equal opportunity to vote.”  

ATLANTA — On Wednesday, the Georgia Supreme Court restored relief for Cobb County voters who requested absentee ballots before the deadline but did not receive them on time due to the county’s failure to mail them promptly. The Court asked the parties to brief whether the case was still relevant, given the fact that the election contests had already been decided. In response, the groups that filed the appeal, the RNC and Republican Party of Georgia, moved to dismiss their appeal. But the American Civil Liberties Union, ACLU of Georgia, and Southern Poverty Law Center explained that, regardless of the election results, without an extension of the absentee receipt deadline, the right to vote of their clients and other affected Cobb voters will still be violated. They emphasized that the right to vote is fundamental, and it is not about which candidate wins or loses, but instead about the ability for every eligible individual to cast a ballot that is counted. Following the briefing, the Georgia Supreme Court dismissed the appeal and dissolved its earlier order that had put a hold on the counting of the affected voters’ ballots. Affected voters in Cobb County will have their absentee ballots counted per the initial lower court order. For these voters, ballots that were postmarked by 7 p.m. on November 5 will be counted as long as they are received by 5 p.m. on November 8. “This change means that plaintiffs in the lawsuit, including many first-time voters, will have their voices recorded in this election,” said Andrea Young, executive director of the ACLU of Georgia. “Our fight for democracy will never stop.” “Because of the unreasonable timelines imposed by Georgia’s SB 202, this is not the first time the system has failed absentee voters, nor is it the first time we have had to intervene to remedy these failures. We cannot let this pattern continue.” said Theresa J. Lee, senior staff attorney at the ACLU Voting Rights Project. “At the end of the day, it is not about outcomes, it is about ensuring that anyone who requested a ballot by the deadline has their vote counted. As we celebrate today’s form of justice, we’re also looking ahead to prevent these kinds of unacceptable errors in future elections.” “It should not take lawsuits and post-election rulings to ensure that voters can participate in democracy,” said Poy Winichakul, senior staff attorney for voting rights at the SPLC. “But whatever it takes, we will do. The freedom to vote is the most sacred right we have in America — and we are pleased that right will be honored for our clients and many other Cobb County residents who voted absentee.” The ACLU, ACLU of Georgia, and Southern Poverty Law Center filed an emergency lawsuit on November 1, 2024, to ensure that Cobb County voters had enough time to cast their absentee ballots.