ACLU Sues Board of Elections over November Election Day Voting
The Rhode Island ACLU today filed a lawsuit challenging the legality of a recently-adopted Board of Elections' ("Board")
regulation that the ACLU claims may improperly disenfranchise certain voters on Election Day. The suit, filed by ACLU
volunteer attorney Angel Taveras in R.I. Superior Court, specifically addresses the situation of qualified but
unregistered voters who have the right, under state law, to go to their city or town hall on Election Day and cast a
limited ballot for President and Vice-President.
Despite the clear wording of the state law, the new regulation allows cities and towns, with Board permission, to have
same day registration and voting for President and Vice-President on Election Day take place at locations other than
city or town hall "due to inadequacy of the available facilities or other concerns." At a public hearing held on the
regulation in July, the RI ACLU argued that allowing municipalities to eliminate town hall as the location for same-day
voting could cause confusion and hardship for people seeking to exercise their right to vote a limited ballot. The RI
ACLU noted that some people who arrive at their city or town hall to vote on Election Day, only to be told that they
must cast their Presidential ballot at a different location, could be dissuaded from voting, or unable to cast their
vote due to time, transportation or other difficulties.
The RI ACLU instead suggested that the Board allow municipalities to designate facilities in addition to city or town
halls for same day registration and voting if they had concerns about the adequacy of those halls. The suit notes that
the Board's legal counsel also recommended this approach, but the Board unanimously rejected it.
The ACLU lawsuit seeks a court order declaring the new regulation null and void and barring the Board from implementing
it. In 2004, more than 21,000 Rhode Islanders were eligible to vote for President and Vice-President only, although it
is unclear how many of them registered on Election Day.
ACLU Attorney Taveras said today: "It is important for the Board of Elections to follow State law, and for all city and
town halls to be open and available for same day registration and voting for President and Vice-President. If cities and
towns want additional sites for same day registration and voting, that is fine but, to protect the rights of voters,
they should be additional sites, not alternative sites."
ENDS