Election Day Issues

As a safeguard for eligible voters who, for some reason, are not listed on the voter registration list at the polling place on Election Day, the federal Help America Vote Act mandates that each state implement a system of "fail-safe voting" using provisional ballots. Although provisional ballots were intended to ensure that every eligible voter has an opportunity to vote and to have his or her vote counted, a number of states have implemented provisional ballot systems in a way that creates election administration problems and results in the disenfranchisement of many eligible voters.

The Brennan Center has been lobbying and litigating in a number of states to ensure that provisional ballots provide a meaningful safeguard for eligible voters.

Wendy Weiser and Vishal Agraharkar
Brennan Center Voting Rights and Elections Team
Jennifer Rosenberg with Margaret Chen
Lawrence Norden with Jessie Allen
Lawrence Norden with Jessie Allen

More Publications

Conservative Party of New York State and Working Families Party v. New York State Board of Elections

The Conservative Party and the Working Families party -- represented by the Brennan Center for Justice and the law firm of Emery Celli Brinkerhoff & Abady -- filed a lawsuit challenging a discriminatory New York State policy for counting political party votes under a procedure known as "double voting."

NAACP New York State Conference, et al. v. New York State Board of Elections, et al.

A coalition of groups representing low-income and minority voters sued the New York State and New York City Boards of Elections in US District Court to prevent the use of a voting machine configuration that would lead to tens of thousands of lost votes.

League of Women Voters of Ohio v. Blackwell

The Center filed suit on behalf of Ohio voters to stop Ohio Secretary of State J. Kenneth Blackwell from proceeding with the State’s plan for handling provisional ballots in the upcoming November 2 election.

More Court Cases

Massive Participation from “Inactives” Shows Voters Shouldn’t Be Ruled Out of Elections

As of Monday night, an astonishing 16 percent of the 17,000 "inactive" voters in Pueblo County, CO had cast ballots: roughly 2,700 voters. Had Secretary of State Scott Gessler succeeded in his fight to limit ballots just to those who voted last year, these thousands would have found it much more difficult to vote.

Know The Truth About Voting in Maine

The Brennan Center urges voters in Maine to inform themselves about their voting rights.

State Legislatures Work to Restrict Voting Rights

We’ve written much about the various voter ID battles in the states, but recent legislative attacks on voting rights go far beyond introducing restrictive voter identification requirements. In fact, legislators around the country have been pushing bills that make sweeping changes to their election codes to limit the voting rights of students and movers, reduce early voting days, and restrict voter registration and “get-out-the-vote” mobilization efforts. 

More Blog Entries

Illustrations by Risko

National Council of La Raza, LWV of Florida File in Court to Stop Anti-Voter Restrictions in Florida

Today, the National Council of La Raza (NCLR) and the League of Women Voters of Florida, organizations that work to encourage and promote civic engagement among Florida voters filed an intervention motion in federal court in Washington, D.C. to oppose controversial new restrictions on voting and voter registration imposed by a new Florida law, known as H.B. 1355.

Civic Groups Write Justice Department, Urge Rejection of Florida Law Raising Roadblocks to Voting

The League of Women Voters of Florida, the Brennan Center for Justice, Democracia USA, and the Lawyers’ Committee for Civil Rights Under Law today wrote to the U.S. Department of Justice urging the Department to exercise its authority under the Voting Rights Act to deny preclearance to discriminatory provisions of Florida’s omnibus 2011 election law, H.B. 1355, which will make it harder for Floridians to vote.

Civil Rights Organizations Request Halt on Implementing New Election Law

On behalf of a coalition of civil rights organizations and civic groups that assist with new voter registration, the Brennan Center for Justice sent a letter to Florida’s Secretary of State, requesting that Florida hold off on the premature implementation of the state’s newly-passed election law changes. The letter argues that immediate implementation of the new law would be unlawful under Florida statute and longstanding policy, as it would set up two sets of election rules for different parts of the state.

More Press Releases

Letter to the Department of Justice Urging Denial of Preclearance for Florida Election Law Changes

The League of Women Voters of Florida, Democracia USA, the Brennan Center for Justice, and the Lawyers’ Committee for Civil Rights Under Law write the Deptartment of Justice to oppose preclearance of three sets of provisions of a new Florida law, H.B. 1355 (2011), which dramatically impact the State’s voter registration and voting processes.  All four organizations are non-partisan, non-profit entities that work to expand and protect voting rights in Florida and across the United States.

Brennan Center Rulemaking Comments on Florida Election Law HB 1355

On behalf of the League of Women Voters of Florida, Florida Public Interest Research Group, and Rock the Vote, the Brennan Center submitted comments for the Florida development workshop on Third-Party Voter Registration Organizations.

The Voter Friendly Ballot Act of 2011

The Voter Friendly Ballot Act is legislation to simplify New York State's paper ballot design, and is the product of collaboration between New York State Assemblyman Brian Kavanagh, the Brennan Center, the Usability Professionals Association, and AIGA, the professional association for design.

More Legislation & Testimony

Voting Rights in 2011: A Legislative Round-Up

As the 2012 election approaches, a massive crackdown on voting rights is unfolding – the most significant such assault in decades.  Millions of Americans risk disenfranchisement, blocked from casting ballots or having them count.  

Voting Challenges 2010 - Media Webinar

On October 27, 2010, the Brennan Center presented a webinar on challenges to the 2010 vote for the media.  The presentation is updated from an October 13, 2010, briefing at the National Press Club.

Presentations on Voting Rights

Each year, the Brennan Center hosts briefings and delivers presentations on annual trends in voting rights. On this page you can access and download each presentation we have delivered.

More Analysis & Commentary