Not only voters with disabilities can bring lawsuits under Section 208. Organizations that represent and advocate for voters with disabilities can also bring these lawsuits. This includes civil rights organizations such as the NAACP, disability rights organizations such as Disability Rights Mississippi, and voting rights organizations such as the League.
The league currently has three lawsuits pending against it alleging Section 208 claims.
League Section 208 Cases
In Mississippi, the League challenged a state law that makes it a crime to assist with the return of absentee ballots. LWV Mississippi and its co-plaintiffs asked the court to block the law ahead of Mississippi’s upcoming statewide general election in 2023. They argued that the law unlawfully limits the protections created by Section 208, which provides that voters “may receive assistance from any person of the voter’s choosing.” The court agreed, and in July 2023, ruled in favor of the League on the Section 208 challenge, invalidating the law for the upcoming election. The case is currently on appeal.
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In Ohio, a league filed a similar Section 208 lawsuit, seeking to block an Ohio law that would restrict who can return absentee ballots for other voters and violate Section 208. Under Ohio law, grandchildren who return their grandparents’ absentee ballots could face criminal charges. The lawsuit is currently pending.
In April 2024, the League filed suit in Alabama, seeking to invalidate SB1, a voting law that makes it a felony to assist with an absentee ballot application. LWV Alabama and its co-plaintiffs brought a Section 208 claim, arguing that SB1 targets people and organizations that voters with disabilities rely on to access the ballot. Under SB1, voters with disabilities would be prevented from receiving voting assistance from a person of their choice, limiting their ability and opportunity to vote.
While restrictive voter assistance bills are on the rise, Section 208 remains a strong voter protection. All voters have an equal right to vote, and Section 208 ensures that voters with disabilities are no exception. The League is proud to join the fight for truly equal access to the polls.