FOR IMMEDIATE RELEASE: Wednesday, Aug. 7, 2024
SAINT PAUL, Minn. -- The Minnesota Supreme Court’s decision upholds the district court’s ruling, meaning that Minnesotans on felony probation and parole can register and vote.
In 2023, a new state law restored the vote to people on felony community supervision, following a Minnesota Supreme Court decision empowering the Legislature to take this action. A special interest group sued, alleging that the new law is unconstitutional in a last-ditch effort to stop these Minnesotans from voting in future elections.
The ACLU, ACLU-MN and pro bono attorneys from Faegre Drinker Biddle & Reath LLP fought to uphold the new law and preserve the voting rights of Minnesotans on felony community supervision. We intervened in the lawsuit on behalf of clients Jennifer Schroeder and Elizer Darris, who fought for years to regain the vote and were among the first in the state to register when voting became legal for them last year.
“Today the court got it right,” said ACLU-MN Staff Attorney David McKinney. “Those who challenged this law suffered no injury from restoring the vote. The constitution empowers the legislature to restore the fundamental right to vote for people like our clients who are convicted of felonies and yet live, work, and worship alongside us. Their participation in civic life is good for building safe communities and a healthy democracy.”
“We are thrilled that the Supreme Court has reaffirmed Minnesota’s restoration of voting rights to all persons living in the community,” said Craig Coleman, who heads the pro bono team from Faegre Drinker. “Anyone living in the community after a felony conviction should have full confidence that they can vote. It is important that the Supreme Court established that no one is injured by their fellow citizens voting. Our democracy is better when the right to vote is expanded and exercised.”
The ACLU of Minnesota worked for nearly 20 years to change the old law that banned people on felony probation or supervision from voting, even after they finished a prison sentence, even if they’d never spent a day in prison.
ACLU-MN began testifying and lobbying against the prior law in 2005, filed a lawsuit against the state that went all the way to the Minnesota Supreme Court, and is a proud co-founder and member of the Restore the Vote Minnesota Coalition.
TIMELINE
In 2019, the ACLU, ACLU-MN and Faegre Drinker filed the Schroeder lawsuit to restore the vote on behalf of Schroeder, Darris and others.
February 2023: The Minnesota Supreme Court ruled in Schroeder, explicitly stating that state government has broad discretion to determine how civil rights and the right to vote are restored following a felony conviction.
Shortly after, the Legislature passed the legislation; in March 2023, Governor Walz signed it into law.
June 1, 2023: People living in the community on felony probation or supervision could now register and vote.
June 29, 2023: The MVA sued to rescind this right.
August 31, 2023: The ACLU, ACLU-MN and Faegre Drinker filed a request to intervene in the lawsuit on behalf of Schoeder and Darris to protect voter restoration.
December 13, 2023: The Anoka County District Court granted the ACLU-MN's motion to intervene in the MVA case on behalf of Jen Schroeder and Elizer Darris. The court also dismissed MVA’s petition because of lack of standing and because the judge found that the law was constitutional.
April 1, 2024: The ACLU-MN and Faegre Drinker argued before the Minnesota Supreme Court.
The ACLU-MN is part of the Restore the Vote Coalition, which fought for 20 years to restore the vote. The ACLU-MN is a nonprofit, nonpartisan organization that works to protect and expand the civil rights and liberties of all Minnesotans through litigation, lobbying and community engagement.
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