My civil rights and right to bear arms was reistated by a judge and I was issued a voters registration card by the state of AZ on 04/07/2009. I was convicted of a felony DUI in 2003. I find out today before heading to the polls that my rights were cancelled and I am unable to vote due to being cancelled out of the system for the felony.
Family Law Attorney
You may or may not have a viable claim here, but even if you do, claims against the State can be very complex and are difficult to navigate without the help of an attorney. I suggest you contact a qualified Civil Rights Attorney or the ACLU for a consultation. There are several organizations, including the ACLU, that are interested in representing those who have been illegally prohibited from voting. Good luck to you.
Kristen DeWitt-Lopez of DeWitt-Lopez Law, P.C. may be reached at 602.263.3900 during regular business hours, or anytime by email at firstname.lastname@example.org. More information about Ms. DeWitt-Lopez can be found on her website at www.dllawaz.com. All of Ms. DeWitt-Lopez’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Kristen DeWitt-Lopez is licensed to practice in the State of Arizona. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
If you are legally entitled to vote, you should be able to go to court and get a court order or injunction requiring state officials to restore your voting right to you. However, the laws on who can vote are reasonably complex, and differ from state to state, and just because you believe you have the right to vote does not mean a court will find the same way.
Even if you win an injunction requiring state officials to allow you to vote, because of sovereign immunity, and the lack of financial injury to you, you will not win a lawsuit for damages.
To sue, the first thing you should do is find a constitutional rights attorney in your state, who you are willing and able to pay. If you cannot do that, or do not want to do that, first figure out whether the officials are violating state law, or federal law, which will help direct you to whether to file your complaint in state or federal court. Good luck.
Contact me at 248-399-6930 for a free consultation. You and I do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.