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Lawyers Democracy Fund (LDF) is a non-profit organization created to promote social welfare by engaging in activities to promote the role of ethics and legal professionalism in the electoral process.

 


LDF files Amicus Curiae Brief in Moore v. Harper at the U.S. Supreme Court

 

Lawyers Democracy Fund (LDF) filed an amicus brief at the United States Supreme Court in Moore v. Harper, a case that explores the ability of state legislatures to prescribe the times, places, and manners of elections under the Elections Clause of the United States Constitution and what role state judicial branches can play in that process.

The United States Constitution clearly and succinctly states that the “times, places and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof.” U.S. Const. Art. I, § 4, cl. 1.  While this language has been historically recognized to be an exclusive grant of authority to state legislatures, this case brings forth a simple but complicated question: what role do state judiciaries have in this process?

LDF’s brief took an academic approach to the issue, highlighting the longstanding and exclusive role that state legislatures possess under the Elections Clause to prescribe the rules of elections and how the Elections Clause fails to empower state judicial branches with the authority to nullify the regulations passed by the legislature and replace them with regulations of the state courts’ own devising.

To read more, click here.
To read LDF’s brief in its entirety, click here.


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Lawyers Democracy Fund actively tweets to discuss important issues concerning election administration and election integrityBe sure to follow LDF on Twitter to stay up to date on important election news – @lawyersdf.

"Both Arizona and Nevada have switched to largely all mail-in voting. Not only does this slow down the vote count, but it also raises genuine security concerns." @johnfund https://www.nationalreview.com/2022/11/our-mail-in-mess/

Every voter should want open and transparent elections. The solution to restore voter confidence is more transparency, not less. via @lawyersdf @DailySignal https://dailysign.al/3t96W1E

LDF Executive Director Lisa Dixon: “Every voter should want open and transparent elections. The solution to restore voter confidence is more transparency, not less.” https://www.dailysignal.com/2022/11/07/elections-need-more-transparency-why-do-some-on-left-want-less/

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LDF Files Amicus Brief, Helps Achieve Victory in Delaware Mail Voting Case

Lawyers Democracy Fund filed an amicus brief at the Delaware Supreme Court in Higgin v. Albence, a case that challenges the Delaware General Assembly’s power under the state constitution to enact universal mail voting without going through the constitutional amendment process.  LDF’s brief laid out for the Court the many reasons why Delaware’s no-excuse mail voting law violated the state Constitution.

After the 2020 election, the Delaware General Assembly enacted no-excuse mail voting.  But as LDF’s amicus brief makes clear, the General Assembly doesn’t have the power to enact no-excuse mail without amending the Constitution, just as the General Assembly has been required to do numerous times in the past to expand the classes of voters who are eligible to vote by mail.

On October 7, 2022, the Delaware Supreme Court agreed with LDF’s brief and struck down the new mail voting law as an unconstitutional expansion of the limited classes of voters permitted to vote by absentee ballot under the Delaware Constitution.  LDF is proud of this timely victory and applauds the Delaware Supreme Court’s decision to uphold decades of precedent and the rule of law in elections!  

To read more, click here.
To view LDF’s amicus brief in its entirety, click here.
To read the Delaware Supreme Court’s order, click here


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LDF Files Amicus Brief at the 11th Circuit Court of Appeals to Defend Election Integrity in Florida


After the 2020 election, Florida enacted S.B. 90 to implement several election safeguards that boost voter confidence and ensure uniform election administration across the state.  After several of the provisions of the bill were challenged in court, a federal court struck down three of the challenged provisions but left the remaining provisions in place.  On appeal, two provisions were at issue – SB 90’s drop box and voter non-solicitation provisions.

LDF filed an amicus curiae brief at the 11th Circuit Court of Appeals in League of Women Voters v. Florida Secretary of State to highlight just how objectively reasonable Florida’s new safeguards for absentee ballot drop boxes are and how Florida is among countless other states that prevent electioneering and voter influence near polling locations.

To read LDF’s amicus brief, click here
To read LDF’s Florida voting law fact sheet, click here.

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LDF Successfully Asks the U.S. Supreme Court to Vacate Troublesome Third Circuit Opinion that Wrongly Applied the Materiality Provision of the Voting Rights Act

 

Since its enactment over 50 years ago, the Materiality Provision of the Voting Rights Act has been interpreted to preclude election officials from disqualifying a voter’s registration for immaterial errors, such as minor misspelling errors or for other trivial reasons. 

Yet, the Third Circuit recently broke new ground in a novel decision that held the Materiality Provision could be used to preempt commonsense and meaningful ballot qualification requirements, namely Pennsylvania’s requirement that voters include the date on their absentee ballots. 

To defend the compelling interests that states have in enforcing reasonable ballot qualification requirements––such as date, signature, and delivery requirements––LDF filed an amicus brief at the United States Supreme Court in Ritter v. Migliori, asking the Court to vacate the Third Circuit’s abhorrent decision. 

On October 11, 2022, the Supreme Court agreed with LDF’s amicus brief, granted certiorari, and vacated the Third Circuit’s ruling with instructions to dismiss as moot under the Munsingwear doctrine in a major victory for election integrity!

To read more, click here.
To view LDF’s amicus brief in its entirety, click here.
To view the Supreme Court’s order, click here

Latest News

LDF Files Amicus in Delaware Mail Voting Case

Pending before the Delaware Supreme Court is Higgin v. Albence, a case that challenges the Delaware General Assembly’s power under the state constitution to enact universal mail voting without going through the constitutional amendment process. Lawyers Democracy fund filed an amicus curiae brief in Higgin to lay out for the Court…

LDF Files Supreme Court Amicus Brief in Moore v. Harper

On Tuesday, Lawyers Democracy Fund (LDF) filed an amicus brief at the United States Supreme Court in Moore v. Harper, a case that explores the ability of state legislatures to prescribe the times, places, and manners of elections under the Elections Clause of the United States Constitution and what role…

Arizona’s “H.R. 1” Initiative Struck from November Ballot in Victory for Election Integrity

On Friday, August 26, 2022, a dangerous initiative that would have wiped away numerous election safeguards in Arizona and substituted them with H.R. 1–style policies failed to qualify for the November ballot after a weeks-long legal battle proving the initiative failed to gather enough valid petition signatures.   Lawyers Democracy…