Maintaining the Integrity
of our Election System
Equality and vote dilution cannot coexist. The U.S. Supreme Court has stated that every citizen has “a constitutionally protected right to participate in elections on an equal basis with other citizens in the jurisdiction.” Dunn v. Blumstein, 405 U.S. 330, 336 (1972), and to the extent that “a citizen’s right to vote is debased, he is that much less a citizen,” Reynolds v. Sims, 377 U.S. 533, 567 (1967). However, by basing apportionment simply on population – including both legal and illegal aliens – state legislatures have been able to manipulate the impact of voting populations.
Two related and perverse effects have resulted from such policies: (1) citizen-voters in districts with many aliens are given outsized voting power, and (2) more
federal representation is being allocated to states where alien populations are large. Decades of mass immigration, both illegal and legal, and the resulting distortive effect on citizen representation is beginning to diminish the very democratic rights our founders sought to create.
Our republic is also threatened to the extent noncitizens vote. Each noncitizen vote cancels out a citizen vote and undermines public confidence in our electoral system. As the U.S. Supreme Court has stated, “Confidence in the integrity of our electoral processes is essential to the functioning of our participatory democracy . . . Voters who fear their legitimate votes will be outweighed by fraudulent ones will feel disenfranchised.” Purcell v. Gonzalez, 549 U.S. 1, 4 (2006). This threat has never been more serious. The size of the noncitizen population is unprecedented and reported instances of noncitizen voter fraud abound. That's where IRLI comes in!
IRLI has been a national leader in seeking to ensure that electoral equality is restored and the integrity of the election system safeguarded.
Burien Communities for Inclusion v. Respect Washington
IRLI represents a citizens’ group, Respect Washington (RW), seeking to thwart the obstruction of a ballot initiative to reverse Burien’s dangerous sanctuary policies.
Evenwel v. Abbott
IRLI filed a friend-of-the-court brief in the United States Supreme Court in support of Sue Evenwel and Edward Pfenninger who challenged Texas’s practice of apportioning electoral districts based on total population, including non-citizens and illegal aliens, instead of eligible voters.
Fitzpatrick v. Sessions
IRLI filed a friend-of-the-court brief in the U.S. Supreme Court in support of the U.S. Court of Appeals for the Seventh Circuit's decision to expel from the United States a non-citizen who falsely stated that she was a U.S. citizen on a voter registration form and illegally voted in two federal elections.
Friendly House v. Napolitano
IRLI, on behalf of its client the Federation for American Immigration Reform, intervened as a defendant in a federal lawsuit brought by the Mexican American Legal Defense and Educational Fund against the Arizona governor, attorney general, and secretary of state challenging as unconstitutional Proposition 200, the “Arizona Taxpayer and Citizen Protection Act,” a ballot initiative passed by Arizona citizens to protect the state from voter fraud by requiring proof of citizenship to vote as well as requiring identification for the receipt of non-federal public benefits.
Global Neighborhood v. Respect Washington
IRLI and its co-counsel Richard M. Stephens of Stephens & Klinge LLP, represent Respect Washington, a grassroots anti-illegal immigration organization, in a lawsuit brought by open borders groups in Washington State to prevent Respect Washington's anti-sanctuary initiative from being placed on the City of Spokane's general election ballot.
Gonzales v. Arizona
IRLI submitted a friend-of-the-court brief in support of the State of Arizona in a lawsuit challenging the state’s law requiring proof of citizenship to register to vote on federal forms and proof of identification at the polls.
Kobach v. U.S. Election Assistance Commission
IRLI submitted a friend-of-the-court brief in the United States Supreme Court supporting the states of Kansas and Arizona’s petition for writ of certiorari endeavoring to enforce their state registration laws that require proof of citizenship to register to vote.
La Union del Pueblo Entero, et al. v. Dep’t of Commerce
IRLI filed a friend-of-the-court brief in the U.S. District Court for the District of Maryland in support of the Department of Commerce, which oversees the U.S. census. A coalition of open-borders groups is suing to block the Department from implementing its plan to ask census responders whether they are U.S. citizens.
League of Women Voter of the United States v. Newby
IRLI represented Kris W. Kobach, in his official capacity as Secretary of State of Kansas, in a lawsuit brought by several special interest groups and two individuals seeking to reverse the decision of the Executive Director of the U.S. Election Assistance Commission to grant Kansas, Alabama, and Georgia’s request to amend their state specific instructions that accompany the National Mail Voter Registration Form to include instructions regarding their respective state’s requirement in law that persons desiring to register to vote must provide proof of U.S. citizenship.
Ringhofer v. Ridge
IRLI represented a citizen of King County, Washington in filing a lawsuit in King County Superior Court to compel the Deputy Chief Administrative Officer of the King County Superior Court to disclose juror disqualification information relating to those persons who claim not to be citizens in order to cross-check the list of disqualified persons against voter registration records to determine whether individuals unqualified to vote were nevertheless registered to do so.