A disabilities advocacy group is suing Louisiana state officials to prevent the enforcement of new laws that the plaintiff says violate the rights of the disabled to gain voting assistance under the federal Voting Rights Act (VRA).
The nonprofit Disability Rights Louisiana filed the complaint July 10 in the Middle District of Louisiana, arguing that four new statutes violate provisions of the VRA dealing with disabled people who are seeking help with either the delivery of absentee ballots or selecting a witness to officialize a ballot.
Acts 380 and 317 subject people to criminal penalties if they help more than one person with the mailing of an absentee ballot, unless the ballots were filled out by immediate family members. Similarly, Acts 712 and 302 make it a crime for Louisianans to serve as witnesses for more than one absentee ballot.
“These acts directly impact people with disabilities who vote absentee but do not have immediate family members available to help them mail their absentee ballots,” Disability Rights Louisiana said in a news release. “Workers in nursing or group homes are now subject to criminal punishment if they drop more than one absentee ballot in the mailbox on behalf of their patient-residents.”
The Louisiana Secretary of State’s Office declined to comment on the pending litigation.
“This is part of a greater push to limit the vote, and unfortunately, folks with disabilities are being victims of a greater push to limit voting by mail,” Andrew Bizer, one of the attorneys who represents the plaintiff, told the Louisiana Record. “... This law clearly violates the Voting Rights Act. The drafters of these laws know that, and yet they pass them anyway.”
Those working on the lawsuit hope to see a ruling before early voting begins in this fall’s election, according to Bizer.
The bills in question, which were part of the Department of State's 2024 Election Integrity Legislative Package, were supported by Secretary of State Nancy Landry.
“Louisiana has some of the most well-run elections in the nation, but there is always room for improvement," Landry said back in March. “This package of bills will further boost our state's election integrity policies and procedures. …”
But Bizer questioned why the state needed to pass bills that make it more difficult for disabled people in group homes to vote by mail, especially when the state’s elections have been free of voting irregularities.
“It's not about election integrity,” he said. “It’s about limiting the vote. There have been no instances of voter fraud in Louisiana, certainly nothing that rises to the level of passing new laws.”
Laws on the books prior to the governor signing of the new laws provided recourse against those who attempt to coerce a person to vote in a certain way, according to Bizer.
“Louisiana tax dollars are going to be spent by the Attorney General’s Office to defend an indefensible law,” he said. “And it’s not even a close call.”
The lawsuit seeks to stop defendants Nancy Landry and Attorney General Liz Murrill from implementing or enforcing the acts, to rescind instructions or communications advising voters to follow provisions of the measures as they affect disabled voting rights, and to gain reimbursement of reasonable attorney fees, legal costs and expenses.