ACLU criticizes New Hampshire AG for signing letter threatening legal action over voting act

New Hampshire is one of 23 states, each with a Republican attorney general, that signed on to a letter threatening legal action if the John Lewis Voting Rights Advancement Act becomes law.

Devon Chaffee, executive director of the ACLU of New Hampshire, called the threat “unconscionable.”

“Attorney General [John] Formella’s opposition to this critical legislation sends a starkly disturbing message to Granite Staters, especially those of color, that their voting rights are up for the political taking. We should all be deeply concerned,” said Chaffee in a written statement Friday.

According to the ACLU, more than 400 “discriminatory, anti-voter” bills have been introduced across 48 states this year. The organization points to the John Lewis Voting Rights Advancement Act as a proposal “that would ensure due process, equal protection, and the right to vote without racial discrimination.”

In their letter, the Republican attorneys general said the act would give the federal government authority over state elections, which they equate with “federalizing the election system.” They argue that this amounts to “unconstitutional federal intrusion.”  

The John Lewis Voting Rights Advancement Act, also called H.R. 4, would restore parts of the Voting Rights Act of 1965 that were struck down in subsequent court decisions, including Shelby County v. Holder in 2013 and Brnovich v. Democratic National Committee in 2021, when the court ruled that Arizona’s election policies did not violate the Voting Rights Act.

The bill would restore a preclearance requirement for states in the Voting Rights Act, which prohibits changes that affect voting without first receiving federal approval.

Last month, the federal legislation passed the House along party lines, 219-212. It would have to pass the Senate before it could be signed into law by the president.