Fair Elections Center (2020)

2021 Update

The case challenges Kentucky’s arbitrary process for voting rights restoration for felons. The lawsuit was filed on behalf of eight former felons. Kentucky is one of three states that deny the right to vote to all former felons until they petition for rights restoration.

On April 19, 2021, the United States District Court for the Eastern District of Kentucky denied the plaintiff’s motion for reconsideration of the earlier judgment dismissing the case (Harbin v. Bevin) as moot. The plaintiffs (Fair Elections Center and their partners) still believe this decision is incorrect, so they appealed to the United States. Court of Appeals for the Sixth Circuit on May 4, 2021. The appeal asks the Court to find that the case is not moot and that the District Court erred by deciding the merits of the case while dismissing the case as moot. Fair Elections Center and their partners expect to receive a decision from the appellate court once the issue has been fully briefed by both parties. 

2022 Update

In October 2021, Fair Elections Center won reversal of the district court's ruling dismissing our federal lawsuit as moot. The decision of the U.S. Court of Appeals for the Sixth Circuit was unanimous 3-0. The case was remanded to district court and has been pending for the better part of a year on the cross-motions for summary judgment that were fully briefed as of December 5, 2019. The district court must now rule on the merits, and we anticipate a decision soon.

Click here to see the original grant, including the six-month and year-end reports.