ACLU suit over voter cutoff will be heard down to wire

The Bay State’s voter registration cutoff law is being challenged in court by civil rights groups who argue that it unconstitutionally deprives voters of their right to participate in the election — and a judge will hear their arguments less than 24 hours before Election Day.

The law bars citizens from voting unless they register at least 20 days before the election.

“If you need to have a registration deadline, it should be as close to the election as possible,” said Rahsaan Hall, director of the American Civil Liberties Union of Massachusetts’ Racial Justice Program. “Twenty days is not reasonable. It is not the least restrictive way to do this.”

The ACLU is representing three voters who registered after the 20-day registration cutoff lapsed, leaving them unable to vote in next Tuesday’s presidential election. Those voters are joined by the Chelsea Collaborative, a civil rights organization, and MassVOTE, which works to register and educate voters.

“People have been asking us whether they can still register to vote, and we have to tell them no,” said Cheryl Clyburn Crawford, executive director of MassVOTE. “They’re concerned — especially this year. This election is electrifying and people are paying attention, but now they can’t vote.”

The three voters — Edma Ortiz, Wilyeliz Nazario Leon and Rafael Sanchez — are asking the court for a preliminary injunction, which would allow them to vote in the election despite missing the cutoff. The ACLU has also filed a proposed classaction suit on behalf of “eligible Massachusetts voters who are disenfranchised as a result of the Voter Cutoff Law,” according to the suit.

“The right to vote is precious; it is safeguarded by the Massachusetts Constitution and its Declaration of Rights, and it can be restricted only by measures that serve a compelling state interest and that use the least restrictive means to achieve that interest,” the suit states.

A hearing will be held on the preliminary injunction on Monday, according to the ACLU.

Hall said the organization waited until now to file the suit because there had been a push to change things through legislation, but that effort fell flat.

“Folks have been interested in pursuing that, but it never worked,” he said. “We’re aware of people who want to participate in the voting process, and I think the more eligible people who are allowed to participate in the process, the better.”

Attorney General Maura Healey and Secretary of State William F. Galvin declined to comment.