ACLU Files Lawsuit on Behalf of Thousands of Kansans Blocked From Voting Over Illegal Documentation Requirement
KANSAS CITY, Kan. — Kansans trying to register to vote at their state Department of Motor Vehicles offices are illegally being forced to provide additional documentation of citizenship, according to a new lawsuit brought by the American Civil Liberties Union. As a result, more than 30,000 potential voters have been blocked from voting because of this bureaucratic hurdle.
"What's happening in Kansas is outrageous," said Dale Ho, director of the ACLU's Voting Rights Project. "Thousands of Kansans, including military veterans who have valiantly served our country, are blocked from voting by unnecessary bureaucratic roadblocks imposed by state officials. These shameful actions have made Kansas an epicenter of voter suppression. We say no more barriers. Let people vote."
The latest obstacle involves a violation of the National Voter Registration Act, a federal law designed to make it easier for Americans to register to vote and maintain their registrations. To comply with the law, states have to provide people with an opportunity to register to vote when they apply for or renew their driver's licenses at the DMV. Instead, Kansans are being told they must present additional citizenship paperwork in order to become registered — or they're not being informed at all, only to find out later that they've been suspended from voting.
U.S. Air Force veteran and plaintiff Ralph Ortiz landed on the "suspended voter list" after registering to vote while renewing his driver's license at a DMV in Augusta, Kansas. A year after renewing his license, he received a letter informing him that he was suspended from voting and had to provide additional documentary proof of citizenship to complete the voter registration process.
"I joined the military to help protect American freedoms, yet now I'm being denied the most fundamental right in our democracy," said Ortiz.
The lawsuit, Fish v. Kobach, was filed in the U.S. District Court in Kansas City. It seeks an order requiring Kansas to immediately register thousands of Kansans who sought to register to vote at a DMV office, but who were denied due to their supposed failure to comply with the state’s citizenship documentation requirements. The case was brought by the ACLU, ACLU of Kansas, and Dechert LLP.
Kansas is at the center of several recent voting rights skirmishes. Most recently, the ACLU and other groups sued a federal elections official who unilaterally decided that residents of Kansas, Alabama, and Georgia could no longer register to vote using a federal form without providing proof of U.S. citizenship. And last month, a state court struck down Kansas' two-tiered voter registration system, ruling that Secretary of State Kris Kobach overstepped his legal authority by creating a system that prevents federal form registrants from voting in state and local elections. The ACLU challenged the dual system as well.
"Ordinary people who play by the rules and follow all necessary instructions still end up not being able to register to vote because of this bureaucratic maze," said Ho.
The complaint is at: /legal-document/fish-v-kobach-complaint
More information is at:/cases/fish-v-kobach
Voting Rights
Fish v. Schwab (formerly Fish v. Kobach)
Voting Rights
Fish v. Schwab (formerly Fish v. Kobach)
Learn More About the Issues in This Press Release
-
News & CommentaryDec 2024
Voting Rights
Election Day is Over. Why is the Electoral College Voting Now?Election Day is Over. Why is the Electoral College Voting Now?
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. -
New York Supreme CourtDec 2024
Voting Rights
New York Communities for Change v. Nassau CountyNew York Communities for Change v. Nassau County
This case in New York state court centers on the landmark John R. Lewis Voting Rights Act of New York (NYVRA) and the New York Municipal Home Rule Law (MHRL). The NYVRA, like several other state voting rights acts enacted in recent years, expands upon the federal Voting Rights Act’s protections against racial vote dilution. The MHRL prohibits racial discrimination and partisan gerrymandering in local-level redistricting. The ACLU’s Voting Rights Project and State Supreme Court Initiative, alongside the New York Civil Liberties Union, LatinoJustice PRLDEF, the Asian American Legal Defense and Education Fund, and Steptoe LLP filed a lawsuit on behalf of voters of color in Nassau County, New York alleging that a redistricting plan implemented in 2023 for Nassau County’s legislative districts dilutes the voting strength of Black, Latino, and Asian residents and is gerrymandered for partisan advantage in violation of the NYVRA and the MHRL. -
ArizonaNov 2024
Voting Rights
American Civil Liberties Union of Arizona v. RicherAmerican Civil Liberties Union of Arizona v. Richer
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. -
Press ReleaseNov 2024
Voting Rights
Civil Rights Groups Respond to Flawed Trial Court Opinion on New York Voting Rights ActCivil Rights Groups Respond to Flawed Trial Court Opinion on New York Voting Rights Act
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.”