Harlan v. Scholz

The Liberty Justice Center is challenging an Illinois law that guarantees some voters – but not others – the right to register to vote at their local polling places on Election Day.

In 2014, the Illinois General Assembly passed a law creating a system for Election Day voter registration in Illinois. The law is unlike any other state’s voter registration law because it doesn’t make Election Day registration equally available in all counties. The statute requires Illinois counties with populations of 100,000 or more to offer Election Day voter registration at every precinct polling place, but it doesn’t require counties with lower populations to offer Election Day voter registration at polling places.

In other words, Illinois guarantees citizens in the 20 counties with a population of 100,000 or more the right to register and vote at their local precinct polling places on Election Day – but doesn’t guarantee that right to citizens in the state’s 82 counties with a lower population.

The Liberty Justice Center is challenging Illinois’ Election Day registration statute for violating the Equal Protection Clause of the Fourteenth Amendment because the state should not be allowed to give select citizens better opportunities to vote than it gives to others. If the state wants to have Election Day voter registration at polling places, it should do so statewide without playing favorites among the electorate.

Our Team

For more information, or to schedule an interview about the case, contact Diana Rickert at 773-809-4403 or by email at media@libertyjusticecenter.org.