Representing Western Native Voice and four sovereign tribal nations in Montana, the American Civil Liberties Union, ACLU of Montana, and Native American Rights Fund (NARF) challenged the latest in a line of Montana laws that hinder Native American participation in the state’s electoral process — SB 490, which drastically limits access to Election Day voter registration (EDR) in Montana. These laws violate a number of provisions in the Montana Constitution: the right to vote, equal protection, and due process.

Virginia permanently disenfranchises all people with felony convictions unless the governor restores their rights. This lawsuit—brought by the ACLU of Virginia and co-counsel partners—argues that the policy violates the Readmissions Act of 1870, which bars Virginia from denying the vote based on convictions that didn’t exist at common law in 1870. The state tried to dismiss the case by invoking sovereign immunity, but the courts rejected that argument. Now, the case moves forward with the potential to restore voting rights to thousands of Virginians.

Voters in Butler County, Pennsylvania made a mistake in voting their mail ballots in the April 2024 primary election, forgetting to use the required secrecy envelope. Because their mail ballots could not be counted, they went to the polls in Election Day and voted provisional ballots. The County later determined that it would not count their provisional ballots, and the voter’s appealed, arguing that Pennsylvania law requires that when an eligible voter attempts to vote by mail but the mail ballot is rendered void due to some defect like lacking a secrecy envelope, the eligible voter may cast a provisional ballot and have that ballot counted notwithstanding the failed attempt to vote by mail.

In Arkansas State Conference NAACP v. Arkansas Board of Apportionment, the 8th Circuit became the first federal appeals court to rule that private plaintiffs cannot enforce Section 2 of the Voting Rights Act. In doing so, the court left open the question whether private plaintiffs could enforce Section 2 through an alternative civil rights statute, 42 U.S.C. § 1983. In this case, a divided panel on the 8th Circuit has held that plaintiffs may not use Section 1983, either. If the holding stands, Section 2 of the VRA will be functionally out of reach for voters across the 8th Circuit in Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota. On behalf of the NAACP Arkansas State Conference and the Arkansas Public Policy Panel, the ACLU and ACLU of Arkansas has filed a brief supporting the plaintiffs' request that the full Eighth Circuit rehear and correct this decision.