WASHINGTON, DC - The League of Women Voters filed an amicus brief on Saturday defending the right of voters and private organizations to enforce Section 11(b) of the Voting Rights Act of 1965. Section 11(b) forbids any person or government agent from intimidating or attempting to intimidate voters. This provision of the Voting Rights Act was passed to address the constant attacks and violence upon voters of color and ensure that they would have a genuine and effective tool to fight in the courts against such tactics. 

The brief is in support of plaintiffs challenging door-to-door investigations by armed federal agents seeking to identify alleged ineligible voters. The California Nurses Association, Voto Latino, the City and County of San Francisco, and Santa Clara County filed suit against the Department of Homeland Security, asserting these actions violated Section 11(b) of the Voting Rights Act, the Administrative Procedure Act, and the United States Constitution. In lower court proceedings, the federal government asserted that private parties could not sue to enforce Section 11(b) and that it did not apply to federal agents. The League’s brief argues that a wide range of rules of statutory interpretation, legislative history, and a plain, common sense reading of Section 11(b)’s text prove private parties can sue to enforce its provisions and that it applies to the federal government and its agents.

“No voter should have to fear armed federal agents showing up at their door to question their eligibility to vote. These actions are deeply intimidating and threaten the freedom every American should have to participate in our democracy without fear or interference,” said Marcia Johnson, chief of activation and justice for the League of Women Voters.  “The League will not stand by while the government uses its power to intimidate voters and undermine the protections generations fought to secure. The right to vote must be protected from intimidation by anyone, including those in positions of power.” 

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