The American Bar Association House of Delegates adopted new election law policy at its Feb. 14 session that would allow the association to oppose federal, state and local efforts that restrict or are intended to limit voting rights of Americans.
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In a second resolution, the House, which is known as the HOD, approved new policy supporting the bipartisan push by federal lawmakers to modernize the Electoral Count Act of 1887. The law, considered convoluted by members of both parties, came under renewed scrutiny in the aftermath of the 2020 presidential election.
The election-related policies were among 24 measures approved by the HOD on the final day of the ABA 2022 Virtual Midyear Meeting, which began Feb. 9, and offered several dozen legal events, including programs on the Kyle Rittenhouse case and the impact of partisan redistricting. Because of pandemic concerns, the meeting was held online.
Both election-related resolutions survived attempts to postpone consideration by wide margins.
The association must have specific policy before the ABA president can speak publicly on an issue or its Governmental Affairs Office can work Capitol Hill. Policy also allows the ABA to file amicus briefs in court.
Dennis Archer, a former ABA president and retired Michigan Supreme Court justice, advocated for passage of both resolutions. “You don’t want to lose the opportunity to lobby in Congress,” Archer said.
Other policies adopted by the HOD reflect the range of interests of ABA entities. Several, for instance, are aimed at helping people, such as veterans, those facing evictions, children involved in child welfare cases and seniors in nursing homes.
Others focused more narrowly on specific laws and policies, such as a resolution seeking the end of the use of Section 265 of Title 42 of the U.S. Code to block and expel asylum-seekers at the U.S. border. The HOD also endorsed changes to four legal education standards, including one that requires students to receive education in bias, cross-cultural competency and racism at the beginning of their legal studies and later during their law school term.
Related links:
- ABA 2022 Virtual Midyear Meeting
- HOD resolutions, reports and final action
- New election-related ABA policies: Resolution 800 and Resolution 801
- Majority staff report by the U.S. House Committee on Administration on the Electoral Count Act of 1887
- ABA News story and video: “No easy answers on fair redistricting reform,” sponsored by the ABA Committee on Issues of Concern to the Legal Profession
- ABA Journal coverage of 2022 Virtual Midyear Meeting