Voting should be as easy and accessible as possible, and in many cases it
is. But in recent years, more than 400 anti-voter bills have been
introduced in 48 states. These bills erect unnecessary barriers for people
to register to vote, vote by mail, or vote in person. The result is a
severely compromised democracy that doesn’t reflect the will of the
people. Our democracy works best when all eligible voters can participate
and have their voices heard.
Suppression efforts range from the seemingly unobstructive, like strict
voter ID laws and cuts to early voting, to mass purges of voter rolls and
systemic disenfranchisement. These measures disproportionately impact
people of color, students, the elderly, and people with disabilities. And
long before election cycles even begin, legislators redraw district lines
that determine the weight of your vote.
Below, we’ve listed some of the most rampant methods of voter suppression
across the country — and the advocacy and litigation efforts aimed at
protecting our fundamental right to vote.
Voter Registration Restrictions
Restricting the terms and requirements of registration is one of the most
common forms of voter suppression. Restrictions can include requiring
documents to prove citizenship or identification, onerous obstacles for
voter registration drives, or limiting the window of time in which voters
can register.
Politicians often use unfounded claims of voter fraud to try to justify
registration restrictions. In 2011, Kansas Secretary of State Kris Kobach championed a law requiring
Kansans to show “proof of citizenship” documents in order to register to
vote, citing false claims of noncitizen voting. Most people don’t carry
the required documents on hand — like a passport, or a birth certificate —
and as a result, the law blocked the registrations of more than 30,000
Kansans. The ACLU sued and defeated the law in 2018. In 2020, the Supreme Court and a 10th Circuit
Court of Appeals affirmed the ruling.
After a surge in registrations during the 2018 midterm election,
Tennessee legislators imposed substantial requirements on groups that
foster political participation via voter registration efforts and created
criminal and civil penalties against those who fail to comply with these
onerous requirements and turn in “incomplete” applications. The ACLU filed
a federal lawsuit challenging the law and blocked it from going into effect in
2019.
Some states are discouraging voter participation by imposing arbitrary
requirements and harsh penalties on voters and poll workers who violate
these rules. In Georgia, lawmakers have made it a crime to provide food
and water to voters standing in line at the polls — lines that are
notoriously long in Georgia, especially for communities of color. In Texas, people have been arrested and given outrageous sentences for
what amount at most to innocent mistakes made during the voting process.
ACLU clients Crystal Mason and Hervis Rogers are examples of this egregious treatment.
Because of racism in law enforcement and the broader criminal legal
system, criminalization of the ballot box disproportionately impacts
people of color, who are more likely to be penalized. This method of voter
suppression aims to instill fear in communities of color and suppress
their voices in the democratic process.
A felony conviction can come with drastic consequences, including the
loss of your right to vote. Some states ban voting only during incarceration, or while on probation
or parole. And other states and jurisdictions, like Maine, Vermont, and
Washington, D.C., don’t disenfranchise people with felony convictions at
all. The fact that these laws vary so dramatically only adds to the
overall confusion that voters face, which is a form of voter suppression
in itself.
Due to racial bias in the criminal justice system, felony
disenfranchisement laws disproportionately affect Black and Brown people,
who often face harsher sentences than white people for the same offenses. Many of these laws are rooted in the Jim Crow era, when legislators
tried to block Black Americans’ newly won right to vote by enforcing poll
taxes, literacy tests, and other barriers that were nearly impossible to
meet. To this day, the states with the most extreme disenfranchisement
laws also have long histories of suppressing the rights of Black
people.
FELONY DISENFRANCHISEMENT LAWS BY STATE
Thirty-six states have identification requirements at the polls,
including seven states with strict photo ID laws.
For more information on each state, click image for full display.
Cleaning up voter rolls can be a responsible part of election
administration because many people move, die, or become ineligible to vote
for other reasons. But sometimes, states use this process as a method of
mass disenfranchisement, purging eligible voters from rolls for
illegitimate reasons or based on inaccurate data, and often without
adequate notice to the voters. A single purge can stop up to hundreds of
thousands of people from voting. Often, voters only learn they’ve been
erroneously purged when they show up at the polls on Election Day and it’s
too late to correct the error.
Election administrators properly keep voter rolls up to date by filtering
out voters who have changed their address, died, or otherwise become
ineligible to vote. But states often conduct such purges using inaccurate data, flawed processes, and targeting certain voters such as those
with felony convictions without enforcing federally-mandated safeguards to prevent purging
voters who don’t even fall under the targeted group.
The ACLU has taken action against unlawful voter purges and laws that
enable them. In 2019, we stopped Texas’ flawed, discriminatory voter purge list that targeted
naturalized citizens. This year, we blocked an Indiana law that would have allowed county elections officials
to kick voters off the rolls immediately without their explicit consent or
notice, or an opportunity to correct the record.
Every 10 years, states redraw district lines based on population data
gathered in the census. Legislators use these district lines to allocate
representation in Congress and state legislatures. When redistricting is
conducted properly, district lines are redrawn to reflect population
changes and racial diversity. But too often, states use redistricting as a
political tool to manipulate the outcome of elections. That’s called
gerrymandering — a widespread, undemocratic practice that’s stifling the
voices of millions of voters.
The Census Bureau released data from the 2020 Census in August 2021,
triggering this once-in-a-decade line drawing process in most states.
These new district lines will determine our political voice for the next
decade.
THE 2020 CENSUS
In 2018, the Trump administration announced plans to add a citizenship
question to the 2020 census, with the goal of suppressing participation of
immigrant communities, stunting their growing political influence. The
question would have resulted in an undercount that goes against the
census’ very purpose — to count everybody in this country. Accurate population data is essential in
apportioning representation and public funds. The ACLU sued the
administration and successfully blocked the citizenship question before the census was conducted.
Thirty-six states have identification requirements at the polls. Seven states
have strict photo ID laws, under which voters must present one of a
limited set of forms of government-issued photo ID in order to cast a
regular ballot — no exceptions. These strict ID laws are part of an
ongoing strategy to suppress the vote.
Over 21 million U.S. citizens do not have qualifying government-issued photo
identification, and these individuals are disproportionately voters of color. That’s because ID cards aren’t always accessible for everyone. The ID
itself can be costly, and even when IDs are free, applicants must incur
other expenses to obtain the underlying documents that are needed to get
an ID. This can be a significant burden on people in lower-income
communities. Further, the travel required to obtain an ID is an obstacle
for people with disabilities, the elderly, and people living in rural
areas.
Voter ID Restrictions Imposed Since 2010
For more information on each highlighted state, click image for full
display.
The short answer is all of us. Our democracy is debased when the vote is not accessible for all. But the
fact is that some groups are disproportionately affected by voter
suppression tactics, including people of color, young people, the elderly,
and people with disabilities. The proof is in the numbers.
Across the country, 1 in 16 Black Americans cannot vote due to disenfranchisement laws.
Counties with larger minority populations have fewer polling sites and poll workers per voter.
In 2018, Latinx and Black Americans were twice as likely as whites to be unable to get off work while polls were
open.
25 percent of voting-age Black Americans do not have a government-issued
photo ID.
Geographic isolation is a major barrier to Native American voters due
to the inaccessibility of nearby polling locations in many reservations.
In South Dakota, 32 percent of Native voters cite travel distance as a factor in deciding
whether to vote.
More than one-sixth (18 percent) of voters with disabilities reported difficulties
voting in person in 2020.
Nearlytwo-thirdsof polling places had at least one impediment for people with
disabilities
When a state or county systematically removes people from its list of
registered voters, this is called a “voter purge.” Sometimes this is a
harmless process for removing people who pass away or no longer live in
the state. But in the past decade, wrongful purges have become a key
strategy for some politicians and political operatives to suppress the
vote and disenfranchise voters they think will oppose them.
Wrongful purges undermine our right to vote and can even decide the fate
of an entire election: Some elections are decided by only a handful of
votes, but a purge may strike tens of thousands of voters from the
rolls. What’s more, purges often disproportionately affect voters of
color.
The challenge to combatting wrongful purges is that they are done with
little or no fanfare. The result is that many voters don’t find out they
have been purged until they try to vote. At that point, it is usually
too late to fix the problem.
This toolkit aims to help local leaders and communities identify and
combat these wrongful purges. The toolkit explains (1) warning signs of
a wrongful purge, (2) how you can find out about purges before they
happen, (3) what to do if you think voters in your community are being
purged, and (4) how federal law restricts purges.
II. How to Spot a Wrongful Purge
A. Warning Signs
Here are some warning signs that a wrongful purge may be coming or may
have already occurred in your community. If you notice any of these
warning signs, see the “How to Fight Back” section below for action steps.
Voters believe they are registered, but a check of their registration
status shows they are not.
Voters sometimes mistakenly believe they are registered. For
example, maybe they moved and forgot to reregister, or maybe they
never registered in the first place. But if you find an unusually
large number of voters who believe they are registered but aren’t,
this could indicate a purge.
When this happens, consider asking voters for more information.
Relevant information includes:
When and where the person thinks they registered;
When the person last voted;
Whether the person recently moved;
Whether the person recently changed their name (e.g., as a
result of marriage);
Whether the person had any recent interactions with the
criminal justice system;
Whether anyone else who lives in the house or recently lived
in the house has a similar name to the voter (e.g., senior and
junior);
It can also be helpful to verify the registration status of
other household members.
This information can help you find out why people are being purged
or if people who tried to register are not getting on the rolls in
the first place.
Public statements about an upcoming purge or problems with the voter
list.
Statements by government officials or private parties on certain
topics can indicate a wrongful purge is coming:
Claims of voter fraud, including threats to prosecute voter
fraud;
Claims that noncitizens or nonresidents are voting;
Claims that dead people are registered to vote;
Claims that the voter rolls are a mess or that they need to be
cleaned up;
Claims that more people are registered to vote than live in
the area.
National right-wing groups that have used inflammatory statements
to try to force purges include:
American Civil Rights Union (ACRU);
Judicial Watch;
The Public Interest Legal Foundation (PILF);
True the Vote.
Often, local critics will push for purges. You may know who these
people are, and it’s helpful to keep track of what they are
saying. If you know of people who often make claims of voter fraud
or other wrongdoing by local governments, it’s worth occasionally
checking to see if they’ve made recent statements about voter
fraud, purges, poll-watching, or if they are promoting work by the
groups listed above.
Mailed notices.
Local boards or supervisors of elections will often send out
notices to voters through the mail before or after a purge.
The following notices may indicate a wrongful purge:
A notice that a voter’s eligibility has been challenged by
another citizen;
A notice confirming a voter’s address or registration status;
A notice that a voter has been removed from the voting rolls.
However, these notices may also be a result of a lawful process.
If someone in your community receives one, inquire with the office
that sent it, ask other residents if they’re encountering similar
notices, and see the “How to Fight Back” section below.
Suspicious mail about elections.
If community members receive unexpected mail about elections or
voter registration from someone other than your elected officials, this may be a sign that the sender is trying to concoct
evidence to support their demand for a voter purge.
Such mail may also indicate that the sender is looking for people
whose mail is returned undeliverable so that they can challenge
those voters and stop them from being allowed to vote.
B. Proactive Steps to Check for Wrongful Purges
A purge might affect your community without you knowing it happened.
Here are a few ways to look for harmful purges before they prevent
people from voting. If you turn up anything that worries you, see the
“How to Fight Back” section below for action steps.
Set a Google Alert or other news alert for the public warning signs
listed above.
Follow your local elections office and right-wing activists on Twitter
and other social media platforms so you can keep track of what they
are saying and doing.
Determine the timeline for any scheduled voting list maintenance in
your state or county.
For state-level purges, call the office of the chief elections
official (usually the Secretary of State or state board of
elections) and ask about the timing and process for their “list
maintenance” and “voter removal” procedures.
For local purges, call your local county board of registrars,
county clerk, or circuit judge.
When you learn the schedule, compare this against the elections
calendar—if any of the scheduled purges are within 90 days of
a federal election (primary or general), this
is improper; see the “How to Fight Back” section for action steps.
Check registrations.
Occasionally checking your voter registration status, as well as
the status of friends and family (or encouraging them to check),
can help you find out if people have been incorrectly removed.
Consider checking registration status 4 months before the
election, and again 6 weeks before the election. These intervals
will help you find out if an invalid purge has occurred and ensure
you have enough time to re-register before the election.
Restorethevote.org (which can help formerly incarcerated
people assess their eligibility to vote);
Your state Secretary of State’s website may also let you check
your registration.
Review public lists of voters placed on a “suspension” or “inactive”
list, which may indicate a future purge.
Some states place voters on a suspension or inactive list when
they neither vote nor reply to a confirmation mailing. If a voter
remains on the list too long, their registration may be cancelled.
Review a public suspension list, if it’s available.
Some Secretaries of State provide the list online or publish
it in newspapers. In other states, you can get the list if you
request it.
Review the list to see if you or people you know have been
added to it. If so, check in with them to confirm that they
were added correctly and to encourage them to update their
information so they remain eligible to vote.
Incorporate a registration check in your voter registration drives,
GOTV, or canvassing activities.
When doing voter outreach or registration drives, check the
registration status for people you speak to, even if they think
they are already registered. Verify the person is registered and
that their registration is up to date (e.g., with their current
address).
Keep a tally of voters whose status is not what they expected.
Train election protection volunteers or poll monitors on voter purges.
Volunteers conducting election protection activities during early
voting or on Election Day should identify voters who were unable
to vote or who had to vote a provisional ballot and ask if they
expected to be on the voting rolls but were told they were not.
If your elections are mostly being conducted by mail, volunteers
should reach out to your constituents during the early vote period
to see if anyone has received notices that their ballots have been
rejected, or has received a provisional rather than regular ballot
unexpectedly, or didn’t receive their ballot at all.
Submit a records request to your state Secretary of State or your
local elections clerk.
Most states have “Freedom of Information” or “Open Records” laws
that give you the right to see government records, and federal law
requires certain voter registration documents be made available on
request.
Use this right to ask for records explaining how the state or
local government updates the voter rolls and removes stale
registrations, as well as lists of voters who have been removed
from the rolls or who are going to be removed during the next
purge. You can find template requests and more information on this page below.
Demos and other voter protection groups are always looking to
learn as much as possible about purge activity across the country,
even if the purge is valid. Whatever you learn about timing of
purges, procedures, lists of purged voters, etc. is helpful!
Demos has brought together dozens of national and local grassroots
groups to be on the lookout for wrongful purges this year, and
joining this group is a great way to keep up on the latest purge
news and get real-time help with questions.
If you suspect an invalid purge has occurred or will occur, here are
some steps you can take.
First, if you find a pattern of incorrect removals or other evidence of a
wrongful purge, contact Demos or
another legal organization that can look into the issue and help stop
it. Even if you’re not sure if something is a problem, please let us
know—sometimes problematic patterns are easier to spot when many
people share information. We especially want to know about bad actors
in your community, whether politicians, elections officials, or
outside organizations.
Call Demos at 212.633.1405.
Fill out an intake form below. Demos consistently review reports submitted here and will
follow up with you.
Third, tell people in your community so that they know they may have been
incorrectly removed and urge them to check their own voter
registration.
If you can, alert reporters and spread the word on social media.
But be sure to verify that the purge is problematic before
spreading the word so you don’t raise unnecessary alarm or
inadvertently scare people away from trying to vote.
Fourth, if you encounter threats or intimidation related to an
election, whether at the polls or before Election Day, please (1)
notify others in your community, and (2) reach out to a social justice
organization like Demos that can help you fight back.
Issues on Voting Day
People sometimes encounter poll watchers on Election Day or during early
voting who challenge their right to vote, or other obstacles to casting
their ballot. Here is a quick list of common issues and how to address
them:
Intimidation and harassment – The Voting Rights
Act and other federal laws prohibit intimidation, threats or coercion
targeting a person’s right to vote. In addition, many states restrict
who can appear near polling places or monitor voting inside them. If you
encounter intimidation or harassment, contact local law enforcement and
elections officials if you think they can help. Also contact the
Department of Justice Voting Section (1-800-253-3931) and the Election
Protection hotline: 1-866-OUR-VOTE for assistance in English,
888-VE-Y-VOTA for assistance in Spanish, 1-888-API-VOTE for assistance
in Asian languages, and 844-YALLA-US for assistance in Arabic.
Unexpected removal – If you find members of your
community are not listed on the rolls at their polling places, try to
check their registrations online. If a voter’s registration is still
active, inquire with poll workers and your local elections official
about how to proceed. If a voter is not registered, ask what is
necessary to reactivate their registration or cast a ballot. In some
states, they may be able to cast a provisional ballot, but need to
provide further documents to the local elections officer after Election
Day.
Challenge to voter registration – If you learn
that someone has challenged a voter’s registration, this may be an
indication of a widespread effort to block or intimidate voters. Find
out what procedures your state provides to defend registrations. Often,
a state provides a hearing in which you can present evidence and argue
your case. In addition, contact Election Protection at 1-866-OUR-VOTE.
Limited English proficiency – If members of your
community are not completely comfortable speaking English but you find
that voting materials are only available in English and not available in
other languages, this may be a violation of federal legal protections.
You can contact Election Protection at 1-866-OUR-VOTE for assistance in
English, 888-VE-Y-VOTA for assistance in Spanish, 1-888-API-VOTE for
assistance in Asian languages, and 844-YALLA-US for assistance in
Arabic.
Inactive voter lists – Voters may be listed as
“inactive” for many different reasons, but typically these voters should
be able to vote a regular ballot (rather than a provisional ballot) and
update any information necessary at the polls. If community members are
finding themselves listed as “inactive” despite having voted recently or
are being asked to vote a provisional ballot, contact Election
Protection at 1-866-OUR VOTE.
IV. Key Legal Protections
The National Voter Registration Act (NVRA) limits why and when a state
or county can remove someone from the voter rolls.
First, any program for updating the voter rolls must be “uniform,
nondiscriminatory and in compliance with the Voting Rights Act,” which
prohibits removals that have a disparate impact on voters of color.
Second, the NVRA prohibits state and local governments from doing
anything “to systematically remove” voters less than 90 days before a
federal primary or general election. This includes programs that would
be legal if conducted further out from the election. Within the 90-day
window, a jurisdiction can still remove a person in a one-off act (e.g.,
based on a person’s request to be removed). However, the jurisdiction
cannot run a program to remove large numbers of people.
Third, the NVRA requires each state “make available for public
inspection” all records related to voter list maintenance, including
“lists of names and address of all persons” who were mailed address
confirmation notices.
Fourth, the NVRA permits removal based on: (1) the request of the voter;
(2) death; (3) change of residence; (4) criminal conviction; or (5)
adjudication of mental incapacity. A state may also remove someone if it
sends them an address confirmation notice, the voter does not
respond, and the person subsequently does not vote at
all during the time period that includes the next two federal general
elections.
In addition, a person can be removed if they are not a U.S. citizen.
V. Reach Out
If you encounter a wrongful or suspicious purge—or think you might have
but are not sure—please reach out for more help.
Call Demos at 212.633.1405.
Fill out an intake form below. Demos consistently review reports submitted here and will follow up
with you.
Voter suppression is the practice of preventing eligible voters from voting,
usually targeting specific voting groups. It includes efforts that are both
legal and illegal, such as partisan redistricting known as gerrymandering.
Typically, high voter turnout helps Democrats to win, while lower voter
turnout tends to favor Republican candidates. Therefore, voter suppression is
an electoral tactic that the right uses in some states to increase the chance
of Republican wins.
