Voting Rights

Through litigation and advocacy, the ACLU is fighting back against attempts to curtail an essential right in our democracy, the right to vote.

Collage of voting sticker, top of the White House and a ballot being cast

Following the 2016 election, the fight for voting rights remains as critical as ever. Politicians across the country continue to engage in voter suppression, efforts that include additional obstacles to registration, cutbacks on early voting, and strict voter identification requirements. Through litigation and advocacy, the ACLU is fighting back against attempts to curtail an essential right in our democracy, the right to vote.

In addition to litigation, we are advocating for policies that make it easier for everyone to vote, such as the expansion of same-day and online voter registration.

Recent voting rights events:

In June 2013, in a massive blow to civil rights and democracy, the U.S. Supreme Court struck down the current coverage formula of the Voting Rights Act. The ACLU has been fighting this rollback of voting rights through both advocacy and litigation and is working to expand the right to vote for all Americans by challenging criminal disenfranchisement laws and expanding same-day and online voter registration.

In 2015, the ACLU filed a federal lawsuit challenging a South Dakota law that moved the deadline for new political parties striving for a place on the ballot.

In 2018, the U.S. District Court deemed South Dakota’s deadline far too restrictive, and agreed that it infringed on the right to vote and the freedom to associate. See the full decision here. 

The Latest

Press Release
ACLU of South Dakota Press

Pro-Voter Coalition to Argue in U.S. District Court on Friday in Challenge to Implementation of South Dakota’s Voter Registration Law

The plaintiffs are asking the court for expeditated preliminary relief in advance of the 2026 general election.
Issue Areas: Voting Rights
Court Cases: LWVSD v. Johnson
Press Release
ACLU of South Dakota Press

Pro-Voter Coalition Sues South Dakota Over Confusing Administration of Documentation Law

The case seeks to ensure South Dakota’s administration of a new voter registration requirement complies with federal law.
Issue Areas: Voting Rights
Court Cases: LWVSD v. Johnson
Press Release
ACLU of South Dakota Press

ACLU Files Public Records Request Regarding Management of Sioux Falls Municipal Runoff Election

If there were any issues during the June municipal runoff election, the ACLU wants to highlight what happened, work with officials to improve voting process.
Issue Areas: Voting Rights
News & Commentary
Image of a "Vote Here" Sign on orange and yellow plants

South Dakota Can Make Voting More Accessible — Starting with Clearer Rules

ACLU of South Dakota Supports Voting Guidance Proposed by League of Women Voters.

Cases, Campaigns & Legislation

Court Case
Aug 24, 2026

LWVSD v. Johnson

The League of Women Voters of South Dakota and an individual plaintiff, represented by Campaign Legal Center, the ACLU Voting Rights Project, the ACLU of South Dakota and Heidepriem Purtell Siegel Hinrichs, LLP, have filed a lawsuit in federal court seeking to ensure South Dakota’s administration of a new voter registration requirement complies with the U.S. Constitution and federal law. During the 2026 legislative session, the ACLU of South Dakota and the League of Women Voters of South Dakota testified against SB 175, which requires new voters to provide unnecessary documentation of their U.S. citizenship when registering to vote or otherwise lose the opportunity to vote in state and local elections by being designated a “federal-only” voter. For the most common and accessible forms of this documentation—driver licenses, Tribal IDs, and non-driver state IDs—the state is requiring voters to provide original copies in person. And if there is an issue with the voter’s documentation, the state sends these voters a notice letter containing inaccurate information about why their registration was denied. The implementation of this law has not only caused confusion and created unnecessary barriers to registering to vote for South Dakotans, but it also violates the U.S. Constitution and federal law. We are asking the court to ensure that South Dakota’s new registration law is implemented in a way that complies with crucial, pro-voter provisions of federal law, so all South Dakotans can make their voices heard in this upcoming election, and all elections in the future.
Legislation
Mar 26, 2026

Senate Bill 175

An Act to require that an individual provide proof of citizenship when registering to vote using the voter registration form prescribed by the State Board of Elections.
Status: Lost: new law
Position: Oppose
Legislation
Feb 19, 2026

House Bill 1324

An act to abolish the state board of elections.
Status: Won: bill did not pass
Position: Oppose
Legislation
Mar 26, 2026

Senate Bill 171

An Act to amend provisions pertaining to the processing of absentee ballots and to declare an emergency.
Status: Signed by governor
Position: Monitor