Lawyers' Committee for Civil Rights Under Law
August 21, 2020
Ian Weiner

Kentucky Opts to Drop Requirements COVID-19 Voter Provisions Which Put Voters in Harm’s Way

(LOUISVILLE, Ky.) – Kentucky officials dropped several requirements that would have put the state’s voters at risk in order to cast their ballots in this November’s elections, after a vote by the state’s elections board yesterday. The vote must now be approved by the governor and secretary of state.

The state’s action follows a May federal lawsuit led by the Lawyers’ Committee for Civil Rights Under Law which included the American Civil Liberties Union, ACLU of Kentucky, and Covington & Burling. The lawsuit was filed on behalf of the League of Women Voters of Kentucky, the Louisville Urban League, the Kentucky State Conference of the NAACP, and several individuals.

The groups challenged Kentucky’s failure to take appropriate action to ensure voters could safely cast a ballot in the November general election during America’s deadly COVID-19 pandemic. Among the requirements that were challenged – and subsequently eliminated were:

  •  An onerous photo ID requirement that would have increased Kentuckians’ risk of exposure to COVID-19; 
  • Forced any Kentucky voter to visit public ID-issuing offices to exercise their right to vote; and 
  • A requirement that voters qualify themselves for an ID based on a narrow list of excuses to vote by mail.

Forcing voters to do so would have meant the vast majority of voters would have had to physically go to their polling places, threatening both public safety and the health of individual voters.

The following reactions are from:

Kristen Clarke, president and executive director of the Lawyers’ Committee for Civil Rights Under Law: “This is a win for the voting rights of Kentuckians. It’s also a reminder that litigation remains a critical tool to ensuring that officials take the actions necessary to safeguard voting rights amid the ongoing pandemic. We must not forget that we are in a pandemic that is disproportionately impacting Black and brown communities. Kentucky’s newly expanded voting options will remove some of the most onerous burdens faced by these communities. Our organizations remain steadfast in our efforts to ensure that election officials provide safe and secure options for voters this season.”

Sadiqa Reynolds, president and CEO of the Louisville Urban League: “The new rules issued today are a win for Kentucky voters who now have multiple, safe ways to cast their votes in this historic election. We are pleased that this distraction has been removed, and we can focus on full electoral participation. The League will continue to educate our clients, community and community partners about the deadlines and procedures for casting their ballots. People have died for our right to vote and it is good to know that in 2020 no voter has to risk their life to cast their vote. We celebrate this bipartisan agreement and continue to count on our elected officials to ensure that every ballot, from every voter, is counted.”

Raoul Cunningham, president, Louisville Branch NAACP and member of the national board of directors: “We joined this lawsuit because we knew Kentuckians shouldn’t have to risk their health to obtain a photo ID or be forced to cast their ballot in person during this pandemic. We are relieved an agreement has been reached that strikes the right balance between health and safety and our sacred right to vote. We look forward to informing voters about the new guidelines and procedures.”

Corey Shapiro, legal director at the ACLU of Kentucky: “Today we celebrate a great victory for voting rights and public health in Kentucky. The agreement reached by the governor and secretary of state and the regulations adopted by the Board of Elections ensure that no Kentucky voter will be forced to choose between their health and their vote this November. We hope this spirit of collaboration, with the rights and safety of every voter as a guiding star, continues as part of the broader discussion of how we protect and expand the freedom to vote.”

Fran Wagner, president of the League of Women Voters of Kentucky: “This agreement will save lives by allowing Kentuckians to vote safely in the midst of the current pandemic by using COVID-19 as an excuse to vote absentee. In addition, those without a photo ID will be able to vote by stipulating that the coronavirus prevented them from obtaining one.”

The lawsuit, Collins v. Adams, was filed in U.S. District Court in the Western District of Kentucky. 

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Lawyers' Committee for Civil Rights Under Law
May 27, 2020
Stanley Augustin

Groups File Federal Lawsuit Challenging Kentucky Requirements That Put Voters in Harm’s Way During COVID-19 Pandemic

(LOUISVILLE, Ky.) – The Lawyers’ Committee for Civil Rights Under Law, the American Civil Liberties Union, ACLU of Kentucky and Covington & Burling filed a federal lawsuit today over Kentucky’s failure to take appropriate action to ensure eligible voters can safely cast a ballot in the November general election during the COVID-19 outbreak.

The lawsuit was filed on behalf of the League of Women Voters of Kentucky, the Louisville Urban League, the Kentucky State Conference of the NAACP, and several individuals.

The groups are challenging a number of requirements that would place Kentuckians at dire and unnecessary risk in order to vote, including a new onerous photo ID requirement that would increase Kentuckians’ risk of exposure to COVID-19 by forcing them to visit ID-issuing offices to exercise their right to vote, and the state’s failure to expand vote by mail beyond the June primary. 

“If a commonwealth is a political community founded for the common good, then Kentucky is failing to live up to its name this election season,” said Kristen Clarke, president and executive director of the Lawyers’ Committee for Civil Rights Under Law. “Our success as a democracy, and as a union of states, hinges on the right of all Kentucky voters being able to vote safely, securely, and without risk to their lives. This lawsuit is particularly critical to African Americans who are contracting and dying at disproportionate rates from coronavirus. Barriers to the ballot will have a devastating impact on voters of color given the unprecedented public health crisis and its uneven effects.”

The provisions being challenged include: 

  • A photo ID requirement to vote in-person and by mail-in absentee ballot. Senate Bill 2 was recently enacted and requires voters to present photo ID to vote in-person, and it requires voters applying for a mail-in absentee ballot to include a copy of the voter’s photo ID with the ballot application. This unreasonably burdens the fundamental right to vote of Kentuckians who are practicing recommended physical distancing to protect the health and safety of themselves and their communities. The photo ID requirement is set to take effect July 15.
  • A requirement that voters qualify for one from a narrow list of excuses to vote by mail before there is a COVID-19 vaccine — meaning the vast majority of eligible voters would have to physically go to their polling places, threatening both public safety and the health of individual voters.  

These requirements disproportionately impact older voters, voters with disabilities, black voters, and voters with underlying medical conditions.

“Kentuckians should not be forced to choose between their health and their vote. Kentucky can and should protect voters by eliminating the photo ID requirement and allowing vote by mail in the November election because the spread of COVID-19 will remain a risk. Our lawsuit seeks sensible solutions to safely allow people to exercise their right to vote in a pandemic,” said Ceridwen Cherry, a staff attorney with the ACLU’s Voting Rights Project. 

“Unless changes are made to election procedures for the November election, COVID-19 poses an ongoing and very real threat to Kentuckians’ ability to participate safely in that election. SB 2 will further deprive some Kentuckians of their right to vote,” said Corey Shapiro, legal director at the ACLU of Kentucky. “Low-income, racial and ethnic minorities, older people, and people with disabilities have difficulty obtaining ID because they cannot afford or cannot obtain the underlying documents that are required to get a government-issued photo ID card, and they will have similar difficulties providing a photocopy of their photo ID card to obtain an absentee ballot. Placing additional barriers to the ballot box is unjust at any time, but is unconscionable during a pandemic. We are now asking the courts to intervene before this voter suppression measure takes effect.”

“This year, the National Urban League’s ‘State of Black America’ report is focused on the state of the black vote with an emphasis on its heightened vulnerability to suppression. The report’s No. 1 policy recommendation calls for League affiliates like ours to do all we can to eliminate strict, discriminatory voter photo ID requirements. For this reason, the Louisville Urban League is called to join this lawsuit because we know the pursuit of liberty, justice, and economic empowerment for all hinges largely on the right to determine who will govern us and how,” said Sadiqa Reynolds, president and CEO of the Louisville Urban League.

“Race and the history of race in America is inextricably tied to the exercise of political power through the vote and voting rights. The Kentucky Conference of NAACP Branches stands with the NAACP and its countless branches across the country in working to strengthen our democracy through increased civic participation and the elimination of voter suppression. To leave Kentucky’s election procedures unchanged, including the implementation of SB 2 in the face of the COVID-19 pandemic, would make it virtually impossible for poor, black, elderly, and Kentuckians with disabilities to exercise their cherished right to vote. We must stop Kentucky’s onerous — and now deadly — dangerous election rules from suppressing votes in November,” said Raoul Cunningham, president of the Kentucky State Conference of the NAACP.

“We applaud the expansion of absentee voting for the 2020 primary election, but those changes have not been made for the November 2020 election, which is soon to come. We urged the Kentucky General Assembly not to enact additional barriers when it passed Senate Bill 2 and again when it overrode the governor’s veto in April. The pandemic demonstrates yet another reason why such barriers make voting difficult for far too many. We are advocating for a Kentucky election process that ensures all citizens can vote without risking their health or that of their loved ones. We filed this lawsuit now so that common sense can prevail and there is time for adequate preparations to be made for the important November general election,” said Fran Wagner, president of the League of Women Voters of Kentucky.

The lawsuit, Collins v. Adams, was filed in U.S. District Court in the Western District of Kentucky.


Read the complaint here.