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Election & Political Litigation

When it comes to defending the principle of "one person, one vote" fundamental to American democracy, Arnold & Porter is a recognized frontrunner. Our seasoned Election & Political Litigation team has an exemplary success rate over multiple election cycles, prioritizing the rule of law over partisan outcomes. We have represented prominent advocacy organizations, concerned citizens, and government officials in challenging state and federal laws that restrict voting rights and hinder free and fair elections — gerrymandering, voter ID laws, felony disenfranchisement, attempted census manipulation for partisan gain, and more. We develop smart strategies to navigate state and federal court systems and work closely with our top-tier appellate practice to address shifting Supreme Court perspectives, helping to ensure the fundamental right to vote remains free of improper restraints.

1 | We were the first firm to argue successfully that a state voter
ID law violated Section 2 of the Voting Rights Act.
2 | Consecutive Financial Times’ Innovative Lawyers—Rule of Law and Access to Justice awards for our work on census and gerrymandering cases.
4 | Number of National Law Journal Political Activism/First Amendment Trailblazers (2020) on our team—the highest concentration of any firm.
» Read more.
11 | Barriers to voting access in the
run-up to the 2020 election.
» See the Carnegie Corporation’s list.

Experience Highlights

  • Immigration-rights organizations in the successful lawsuit at the district court, on appeal and at the U.S. Supreme Court, blocking the addition of a citizenship question to the 2020 Census.

  • Plaintiffs in a partisan gerrymandering challenge to North Carolina’s congressional districts in state court under the North Carolina Constitution that resulted in obtaining a preliminary injunction and a new map for the 2020 election.

  • Plaintiffs in prevailing at state court trial and in the Pennsylvania Supreme Court to secure a permanent injunction against Pennsylvania's voter-ID law under the Pennsylvania Constitution.

  • Nonpartisan voting-rights organization in filing a state court lawsuit to challenge that state’s deadline for submitting absentee ballots for the 2020 election in light of the COVID-19 pandemic.

  • Nonprofit and several of its branches in a successful challenge to the state of North Carolina’s new voter ID law.

  • Lisa Page, former senior FBI attorney, before the House Judiciary and House Oversight and Reform Committees and Senate Select Committee on Intelligence regarding the FBI's investigations of the Clinton email server and Russian interference in the U.S. election.

  • Plaintiffs in constitutional and statutory challenges to Florida's 2020 vote-by-mail policies before the U.S. District Court for the Northern District of Florida. The case settled on the eve of trial and the State agreed to implement several voter information and outreach programs to facilitate mail-in voting.

  • Wisconsin voters in persuading the Wisconsin Supreme Court to throw out gerrymandered state legislative maps and order new maps for the 2024 elections, representing petitioners alongside several partners and playing a key role throughout the case, including drafting the complaint and appellate briefs.

  • Plaintiffs in a successful partisan gerrymandering challenge to North Carolina's state legislative districts in state court under the North Carolina Constitution, as well as in successfully defending a remand of the case to state court after state legislators removed the case to federal court and appealed the remand order; secured new state House and state Senate maps for the 2020 election. 

  • Nonprofit organization in securing an injunction barring the Election Assistance Commission's proposed regulatory changes that would have permitted states to require documentary proof of citizenship to register to vote.

Key Contacts

John A. Freedman
John A. Freedman
Senior Pro Bono Counsel
Washington, D.C.
+1 202.942.5316
R. Stanton Jones
R. Stanton Jones
Partner
Washington, D.C.
+1 202.942.5563
Elisabeth S. Theodore
Elisabeth S. Theodore
Partner
Washington, D.C.
+1 202.942.5891
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