Attorney General Phil Weiser urges federal court to ensure voters and private groups can sue over voting rights violations

June 4, 2025 (DENVER) – Attorney General Phil Weiser today joined a coalition of 18 other attorneys general in filing a brief with the U.S. Court of Appeals for the Eighth Circuit urging the full court to uphold protections in the Voting Rights Act that ensure private citizens can sue the government if their voting rights are denied due to racial discrimination.

“Protecting voting rights against racial discrimination means ensuring every voter can cast a ballot and every legislative district truly represents its population,” said Attorney General Weiser. “Keeping the promise of a government of the people, by the people, and for the people means protecting access to the legal system, and I am urging the court not to strip the American people of their ability to sue when they believe their voting rights have been violated. I will always fight for the right of the people to vote free of discrimination or intimidation.”

Congress enacted the Voting Rights Act in 1965 to guarantee that voting rights would not be denied or restricted based on race. Section 2 of the law specifically prohibits state and local governments from enacting such racially discriminatory policies.

In 2022, individual voters and the Turtle Mountain Band of Chippewa Indians filed a lawsuit challenging North Dakota’s recently enacted legislative map. After a trial, a district court found that the map diluted Native Americans’ votes, making it nearly impossible for them to have influence in the electoral process. On appeal, a three-judge panel of the Eighth Circuit Court of Appeals reversed this decision and, despite the long-held practice of allowing individual citizens to sue to enforce Section 2, held that only the U.S. attorney general could sue to ensure the rights of voters in the Eighth Circuit.

In their brief, the coalition argues that private enforcement of the Voting Rights Act is essential, having served as the primary method of enforcing the law since its enactment. The coalition notes that approximately 400 private Section 2 cases have been filed nationwide, compared to only about 40 brought by the United States. The government lacks the resources to monitor, investigate, and prosecute voting rights violations in every corner of the country, risking leaving voters with no recourse when their rights are violated.

The coalition also explains that lawsuits brought under Section 2 of the Voting Rights Act often have a high degree of urgency since they typically pertain to upcoming elections. Without the private right of action, Americans may be limited to simply sharing their concerns with the federal government and then waiting to see whether their voting rights will be defended.

Additionally, limiting the rights of people to sue under Section 2 could reduce incentives for states and local governments to comply with the Voting Rights Act. The coalition points to voting restrictions put in place after the U.S. Supreme Court struck down provisions in the law that required certain jurisdictions with a history of racial discrimination to receive federal pre-approval before changing voting laws.

Read the brief filed today in Turtle Mountain Band of Chippewa Indians v. Howe (PDF).

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