Challenge to state voting law under way

Voting rights advocates are challenging the constitutionality of a law that requires voters to register at least 20 days ahead of an election, and this week a judge will hear arguments from state authorities and the American Civil Liberties Union.

The ACLU is representing three voters who registered after the 20-day registration cutoff lapsed, temporarily leaving them unable to vote in last November’s presidential election.

Edma Ortiz, Raphael Sanchez and Wilyeliz Leon eventually were allowed to vote after Superior Court Justice Douglas H. Wilkins allowed an emergency motion.

But Wilkins made it clear he was not making a final determination in the case.

The voters are joined by the Chelsea Collaborative, a civil rights organization, and Mass-VOTE, which works to register and educate voters. They are arguing the law is unconstitutional because it arbitrarily denies citizens their right to vote.

“The 20-day registration requirement of the Voter Cutoff Law is not prescribed by the Massachusetts Constitution, and is not supported by any rationale that justifies the severe penalty of forcing eligible voters to sit out an election,” attorneys for the voters wrote in a brief filed last week. “The Voter Cutoff Law is therefore unconstitutional.”

Attorney General Maura Healey, who is responsible for defending state laws, has argued that the 20-day cutoff is constitutional and a reasonable way to regulate state elections.

But a spokeswoman for Healey indicated the AG “personally supports same-day registration” and wants to work with Secretary of State William Galvin and the Legislature on reforms.

“The Legislature continues to evaluate and debate further electoral changes to best serve Massachusetts voters,” attorneys for Healey’s office wrote last month. “The Legislature may well conclude that the plaintiffs’ preferred policy of Election-Day registration is the right choice for Massachusetts.”