Dechert Helps Secure Win in Challenge to NY State's Treatment of 'Inactive' Voters
Susan Lerner, executive director of plaintiff Common Cause, called it a "huge victory" that would "tears down a wall" for New York voters.
January 13, 2020 at 05:44 PM
5 minute read
A Manhattan federal judge ruled late last week that the New York State Board of Elections was violating the U.S. Constitution and federal election law by failing to maintain a list of inactive voters at polling locations throughout the state.
The 60-page ruling, issued late Friday by U.S. District Judge Alison Nathan, found that the state's practices had violated the equal protection clause of the Fourteenth Amendment, as well as provisions of the National Voter Registration Act, and required that the lists be made available to voters and poll workers on election day.
The decision is a win for a pro bono team of Dechert attorneys and two nonprofit legal rights groups that have been working for years to identify problems with the state's elections system.
Dechert, along with the Lawyers Committee for Civil Rights Under Law and LatinoJustice PRLDEF, filed the lawsuit in 2017 on behalf of client Common Cause New York, which advocates for clean elections, ethics in politics and voting rights.
According to the lawsuit, the state regularly changes voters' status from "active" to "inactive" when there was reason to believe they had moved before an election. The names of inactive voters, however, are not provided to workers at most polling locations across the state, leading to disenfranchisement, confusion and delay for voters, regardless of their status.
In her ruling, Nathan cited errors at the U.S. Postal Service and a national change-of-address registry for overcounting the number of New Yorkers that had actually moved, and said many were either not given an affidavit ballot or sent to the wrong polling location.
"In short, the state has shown no justification for not providing the inactive list benefits a voter who has moved and returns to her polling location," Nathan wrote. "Whether that voter is inactive or active, she receives no benefit from not having the list, and perhaps is harmed by the additional delay and confusion that its absence causes."
The board did not respond Monday afternoon to a call seeking comment on the ruling, which was first reported by WNYC and Gothamist.
The case, captioned Common Cause v. Brehm, was an offshoot of work Dechert partner Neil Steiner had done with the lawyers' committee and LatinoJustice on a 2016 challenge to a purge that removed some 117,000 voters from the state rolls because they had not voted in past elections. That lawsuit resulted in a November 2017 settlement agreement, requiring the board to identify voters who had been improperly purged and to formulate a plan to address election-law violations.
Steiner, who has litigated a series of high-profile voting rights cases in Kansas, Wisconsin and Ohio, said he and his team discovered thousands of registered voters during the course of that investigation that were not included in their local polling books, even though they had not moved.
The lawsuit asked for an order requiring the board to include a list of inactive voters at all state polling places, as well as a decree allowing inactive voters to use regular ballots, as opposed to affidavit ballots, which are counted after Election Day.
While Nathan found clear constitutional violations with respect to the lists, she did say the state had legitimate interests in requiring the use of affidavit ballots.
"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," Steiner said in a statement announcing the ruling.
Reached by phone on Monday, Steiner also said pro bono cases such as this one provided a chance for Dechert's younger attorneys to cut their teeth during a four-day trial in October. Steiner, who handled strategy and closing arguments, said associates Anna Do and Tharuni Jayaraman cross-examined key witnesses and gained real trial experience.
"They're great cases for the firm" and "great opportunities for associates," he said.
The LCCR said in a statement Monday that the issues raised in Nathan's decision were "emblematic of barriers across the country" that lead to voter suppression.
"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," the group's president and executive director, Kristen Clarke, said. "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."
Susan Lerner, executive director of plaintiff Common Cause, called it a "huge victory" that would "tears down a wall" for New York voters.
"Now, at every poll site throughout New York, inactive voters will no longer be denied their basic right to vote," she said.
The litigation team also included Hilary Bonaccorsi and Katherine Shorey of Dechert; John Powers and Ryan Snow from the LCCR and Jackson Chin and Jose-Luis Perez of LatinoJustice.
The state defendants were represented by William J. McCann Jr. and Brian Lee Quail of the state Board of Elections, Nicholas Robert Cartagena of the Lonstein Law Office and Douglas A. Kellner of Kellner Herlihy Getty & Friedman.
Read More:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllDOJ: TD Bank Agrees to Pay $3B Over Anti-Money Laundering Program Violations
2 minute readDecision of the Day: Postal Service Shows Media Outlets' Requested Change of Address Data Is Protected
What Judicial Nominations Could Look Like Under a President Harris or Trump
Law Firms Mentioned
Trending Stories
Who Got The Work
Attorneys from Quinn Emanuel Urquhart & Sullivan and Irell & Manella have stepped in to defend Foresight Diagnostics in a pending trade secrets lawsuit. The action, which is sealed, was filed Aug. 29 in California Northern District Court by Richards, Layton & Finger and Wilmer Cutler Pickering Hale and Dorr. The case, assigned to U.S. District Judge Eumi K. Lee, is 5:24-cv-06117, Roche Molecular Systems, Inc. et al v. Foresight Diagnostics Inc. et al.
Who Got The Work
David A. Robinson, John F. Wood and Brendan H. Connors from Holland & Knight and attorneys from Proskauer Rose have entered appearances for Scientific Drilling International, S. Westley Shedd, Pamela Pierce and other defendants, respectively, in a pending shareholder lawsuit. The suit was filed Aug. 29 in California Central District Court by Umhofer, Mitchell & King on behalf of Matthew D. Van Steenwyk and Gretchen M. Van Steenwyk-Marsh. The suit accuses the controlling shareholder of Scientific Drilling of self-dealing. The case, assigned to U.S. District Judge Fernando L. Aenlle-Rocha, is 2:24-cv-07401, Matthew D. Van Steenwyk et al v. Kedrin E. Van Steenwyk et al.
Who Got The Work
Constangy, Brooks, Smith & Prophete partners Laura A. Balson and Ashley L. Orler have entered appearances for Avfuel Corporation in a pending data breach class action. The case, filed Aug. 30 in Michigan Eastern District Court by Kopelowitz Ostrow PA, centers on a 2024 cyberattack that allegedly exposed the personally identifying and private data of 'potentially billions of individuals.' The case, assigned to U.S. District Judge Mark A. Goldsmith, is 2:24-cv-12274, Clark III v. Avfuel Corporation.
Who Got The Work
Stephanie Lamerce of Duane Morris has entered an appearance for MillerKnoll, the Michigan-based furniture company formerly known as Herman Miller, in a pending website accessibility class action. The complaint, filed Aug. 30 in New York Eastern District Court by Stein Saks, contends that the defendant's website is inaccessible to screen readers and denies full access to blind and visually-impaired individuals. The case, assigned to U.S. Magistrate Judge Cheryl L. Pollak, is 1:24-cv-06106, Hernandez v. Millerknoll, Inc.
Who Got The Work
General Motors has turned to attorney Nancy D. Green of Ricci Tyrrell Johnson & Grey to defend a pending breach-of-warranty lawsuit. The case, for claims under the Magnuson-Moss Warranty Act, was filed Aug. 30 in Pennsylvania Eastern District Court by the Lemon Law Group Partners on behalf of the purchaser of a new 2022 GMC Sierra 1500 vehicle. The case, assigned to U.S. District Judge Jeffrey L. Schmehl, is 5:24-cv-04595, Fey v General Motors LLC.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250