Abstract
Line-warming bans present an additional hurdle for voters across America, especially in an era of historically few polling locations and historically long lines to reach the ballot. Particularly in Eleventh Circuit states like Georgia and Florida, line-warming bans, in conjunction with long wait times, have had a disparate impact on Black communities and their ability to cast ballots in key swing districts. Nevertheless, attempts to bring racial discrimination claims against these bans have not been successful in the Eleventh Circuit. This Essay proposes a new strategy to tackle line-warming bans under an ADA framework. It analyzes the harm that these bans have on disabled voters—especially the intersectional harm they present for Black disabled voters—and suggests that a claim brought under the ADA may succeed in the Eleventh Circuit, even where other constitutional claims have failed.
Recommended Citation
Alyssa Clune,
The Burden to Reach the Ballots: Tackling Eleventh Circuit Line-Warming Bans and Their Intersectional Harm Under an ADA Framework,
3
Fordham L. Voting Rts. & Democracy F.
(2024).
Available at:
https://ir.lawnet.fordham.edu/vrdf/vol3/iss1/3