The Equitable Path to the Ballot: How Pro Bono Lawyers Can Assist in the Upcoming Midterms

By Donovan Mathews, PBI Intern

Jens Stoltenberg, Former Secretary of General of NATO, once stated that “by voting, we add our voice to the chorus that forms opinions and the basis for actions.” With those inspiring words in mind, pro bono lawyers can protect voting rights this fall. As midterm elections take place in polling locations across the United States, the rights of millions are at stake, and a vote holds the power to affect critical aspects of their livelihood.

Pro bono attorneys are a vital resource in protecting the voting rights of those in underrepresented and marginalized communities. In past elections, pro bono attorneys have played a crucial role in safeguarding voter access, protecting election officials from harassment, staffing nonpartisan hotlines, and preserving election integrity.

In recent years, many states have implemented new laws that will impact voters at the polls this fall. Lawmakers in 22 states have enacted 47 new restrictive laws since the 2024 election that will make it significantly harder for eligible Americans to register, stay on the voter rolls, or vote compared to the laws in place during the 2024 election. Thirty-eight of those laws will be in effect for the midterm elections.

As the Brennan Center for Justice explains, legislatures in Mississippi, South Dakota, and Utah passed “Show Your Papers” laws, which require voters to provide documents such as a passport or birth certificate when registering to vote. Other state legislatures, such as Tennessee and Alabama, have implemented redistricting laws that dilute the power of the minority vote. The adoption of these laws disproportionately affects how marginalized communities show up to the ballot and has severe implications on election outcomes and government policy. These restrictive barriers create unique opportunities for pro bono attorneys to assist during the upcoming midterms, as thousands of voters begin to navigate how they will approach the ballot differently.

How Pro Bono Attorneys Can Help

Lawyers can participate in many volunteer opportunities in connection with protecting voting rights, some of which count as pro bono. Pro Bono Institute’s Guide to What Counts? explains that “[s]ervice as a poll observer would be considered service that seeks to protect civil rights and liberties. Poll observation in a historically underserved community” also counts. Furthermore, “[w]ork done by a lawyer as a legal observer would qualify as providing legal assistance and would be considered pro bono work for purposes of the Challenge. Acting as a general volunteer or marshal for safety purposes, however, would not… count.”

Many prominent civil rights and public interest groups are leading nonpartisan efforts to ensure that all eligible voters can vote and that every proper vote is protected. We The Action has a plethora of election-related pro bono opportunities for volunteer attorneys to get involved. Their Democracy Legal Defense Network allows lawyers to utilize their legal expertise toward voting rights, this midterm season and ongoing, through monitoring polling places, staffing legal hotlines, advising election facing harassment, and more.

This year, We The Action is partnering with When We All Vote, an initiative with the mission of increasing voter participation, for Party at the Polls, a movement where legal expertise will be provided for voting matters at over 5,000 community events across 21 states. As a volunteer, attorneys will provide on-the-ground assistance at community events near voting sites and answer voters’ questions about casting their ballet. The Lawyers for Good Government Action Fund is leading long-term election protection pro bono efforts in a number of states, and they are calling on lawyers to monitor polling places, enforce election laws, and staff the voter assistance hotline.

The following is a sample of election- and voting rights-related pro bono opportunities in different jurisdictions:

  • In 21 states : Party at the Polls is looking for volunteer lawyers to provide live assistance at voting sites.
  • Texas: The Texas Civil Rights Project seeks attorneys statewide to serve as legal counsel in the event of emergency election litigation this November. Experienced legal partners are available to assist attorneys in acting swiftly if urgent legal intervention is required to protect voting rights in your local jurisdiction.
  • Michigan: Lawyers for Good Government, Promote the Vote Fund, and ACLU of Michigan engaged volunteer attorneys to serve as election protection attorneys to ensure every eligible Michigander can cast a ballot free from intimidation or interference.
  • Florida: The Florida Election Protection Coalition is seeking attorneys to serve as voting rights legal monitors on the ground across the state of Florida.
  • Ohio: The Lawyer Engagement Election Protection (LEEP) Program, led by Ohioans Against Extremism (OAE), and various other Ohio organizations, is calling Volunteer attorneys to serve as nonpartisan roving legal monitors on Election Day.

Outside of those select opportunities, here are a few other ways that lawyers can support elections:

  • Poll Worker: The ABA’s Standing Committee on Election Law, in partnership with the National Association of Secretaries of State and the National Association of State Election Directors, created the Poll Worker Esq. initiative to mobilize lawyers to serve directly as volunteers in election offices and at the polls. Lawyers can sign up to serve in the 2026 midterm elections.
  • Legal Defense: The Election Official Legal Defense Network (EOLDN) offers volunteer attorneys the opportunity to provide free legal assistance to election workers who encounter legal challenges tied to their official duties. Services consist of responding to subpoenas, navigating records requests, defending against lawsuits, or obtaining advice on compliance with evolving eviction laws. Lawyers can sign up here.
  • Post–Election Legal Monitor: Before state counties officially certify the November 2026 results, their Board of Elections hold public meetings where members raise fraud claims, demand irregular documentation, or threaten to withhold certification. All Voting is Local and Lawyers for Good Government are partnering to deploy volunteer attorneys to priority County Board of Election meetings across Georgia on Friday November 6th, 2026, which is the day counties complete their pre-certification reviews. Sign-up via interest form.
Looking Ahead

As midterms approach, pro bono lawyers are being engaged to serve at the forefront of legal efforts to preserve the integrity of the voting system in our country. All eligible voters, despite their race, income, background, or status, should have their constitutional right to vote protected and be able to make their vote count. In this election, the legal expertise of pro bono lawyers can mitigate voting disparities and ensure that the voices of the American people are heard on Election Day.

PBI encourages you to let us know how you are protecting voting rights! If you have any questions regarding pro bono opportunities, please contact us here.

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