On December 7, 2023, a team of Proskauer attorneys joined the American Civil Liberties Union (“ACLU”), the ACLU of Delaware, and attorneys from Shaw Keller LLP in filing a complaint against the state of Delaware on behalf of the Prisoners Legal Advocacy Network (“PLAN”) to protect the Constitutional right to vote for incarcerated individuals.

Proskauer teams recently submitted amicus briefs in two critical voting rights cases, which are becoming increasingly important in the runup to the 2024 U.S. elections. On August 18, 2023, Proskauer submitted an amicus brief to the United States Supreme Court on behalf of 30 historians and legal scholars specializing in the history of the Southern U.S. with a focus on South Carolina, race relations and election laws. The brief was submitted in support of appellees in Alexander v. The South Carolina State Conference of the NAACP. Then, on September 25, 2023, Proskauer filed— on behalf of the American Civil Liberties Union, the ACLU Foundation of Florida, the Brennan Center for Justice, and the NAACP Legal Defense and Educational Fund— an amicus brief in the Third District Court of Appeal of Florida in support of the appellee in the case of State of Florida v. Miller.

2023 is neither a presidential nor mid-term election year but nevertheless there are extensive efforts underway across the country to combat a host of recent measures meant to restrict the right to vote. The Bloomberg and Proskauer communities recently came together at Bloomberg’s headquarters in New York for a discussion highlighting those efforts, addressing the health of our democracy, and presenting a call to action for the hundreds who attended this lunchtime event.

Moderated by Bloomberg reporter Greg Farrell, the speakers included Casey Smith, an Equal Justice Works Fellow funded by Bloomberg and Proskauer who works for the ACLU’s Voting Rights Project, and Godfre Blackman, a Proskauer associate who recently served as the firm’s NAACP Legal Defense Fund (LDF) Fellow, which enabled him to work directly with the LDF on various voting rights issues.

For the 8th election cycle in a row, Proskauer hosted an Election Protection call center on November 7th and 8th in partnership with the Lawyers’ Committee for Civil Rights Under Law, which spearheads a national, nonpartisan effort that provides comprehensive information and assistance to ensure that all voters have an equal opportunity to vote. This year, Proskauer answered calls from Ohio.  Our volunteers answered questions about a wide variety of issues such as polling locations and voter identification requirements, while also compiling reports of long lines, voter intimidation and electioneering activities in and around polling sites and relaying that information to the on-the-ground Lawyers’ Committee team stationed throughout Ohio.

            Proskauer recently represented the Institute for Innovation in Prosecution at John Jay College in submitting an amicus brief before the Supreme Court of North Carolina in a major voting rights lawsuit. The case, Community Success Initiative v. Moore, involves a challenge to N.C. Gen. Stat. §13-1, a felony supervision law that denies the franchise to over 56,000 North Carolinians. Under §13-1, individuals who have been convicted of felonies cannot register to vote unless they have been “unconditionally discharged” from felony probation, parole, or post-release supervision.

Bloomberg and Proskauer are sponsoring Equal Justice Works Fellow Casey Smith, who will work at the American Civil Liberties Union Voting Rights Project. Casey, a recent graduate of Yale Law School, will contribute to the defense of individuals unjustly prosecuted for voting. Casey also will help to develop impact litigation that challenges statutes imposing harsh penalties upon people who vote without realizing they are ineligible to do so.

In this interview, Casey discusses her important work.

A critical part of criminal justice reform is making it easier for those with criminal records to reenter society. This means greater job training, more employment opportunities, affordable housing, and stronger laws prohibiting discrimination and facilitating the expungement of old convictions.  Successful reentry into a free society, however, requires more than just the basic needs of life. It also requires the restoration of basic rights, and there is no more basic right in a democracy than the right to vote.

Election Protection is a nationwide nonpartisan coalition, spearheaded by the Lawyers’ Committee for Civil Rights Under Law, working to ensure that every voter is able to exercise their right to vote. In conversation with Damon Hewitt, Executive Vice President, Lawyers’ Committee for Civil Rights Under Law, Proskauer pro bono partner Bill Silverman says, “Supporting impactful and important programs like Election Protection helps people who might otherwise be disenfranchised have their voices heard, and their votes counted.” Watch the video below where we had the chance to connect with Bill and Damon on this unprecedented election and our joined efforts to amplify voices and voters this season: