OH Voting Rights Groups File Brief with Supreme Court in Case on Purging Voters From the Rolls

Thanks to Richard Winger of Ballot Access News for this post.

The ACLU of Ohio and others Sued Secretary of State Jon Husted over how his Office Purges Inactive Voters from Ohio Voter Rolls. The Process is used to help Weed Ineligible Voters, those who have Died or been found Incompetent, Convicted of Felonies, or who have Moved from the Voting Jurisdiction, from the Voting Rolls. But it also is Triggered by the Lack of Voting. They argued Ohio's Process was Improper because it Violates specific Provisions in the National Voting Rights Act of 1993 and the Help America Vote Act of 2002. 

CLICK HERE to read the eight page (pdf) Purging Requirements found in the National Voter Registration Act (NVRA).

A Federal Judge Upheld Ohio's Practice of Flagging Inactive Voters who may have Moved, a Process Secretary of State Jon Husted Defended as a way of Maintaining Accurate Voting Records.

The Ohio's Process: Follows a Notification Process outlined in the Federal Statutes. It sends a Notice to Voters informing them that that their Registration may be Cancelled if they don't take Action to Confirm they are indeed Eligible Electors. A Person can Confirm Eligibility by Responding to the Notice or by Voting within a Four Year Period. One of the Triggers for the Notice, though, is if a Person has not Voted within TWO YEARS. The Plaintiffs argued that was a Violation of Federal Law. The State Argued that since it included a Notification Process outlined in the Federal Parts of the Statue, it was Complying with the Law. The Court Acknowledges that there is some Ambiguity in the Law, and that the Exceptions that allow Voters to be Removed from the Rolls appear to Clash with the general Law. 

The 6th U.S. Circuit Court of Appeals ruled last Friday that Ohio's Reliance on Lack of Voting Activity as a Trigger for Purging People from the Voting Rolls Violates Federal Law. In a 2-1 Opinion, the Appellate Court Reversed the Lower Court Decision.

The U.S. Supreme Court will hear Husted v A. Philip Randolph Institute, 16-980, on November 8th.

On September 15th, the Ohio Voting Rights Groups who won the Case in the Lower Court filed a Brief on the Merits with the U.S. Supreme Court.

Ohio will now file a Reply Brief, and then the Briefing will be Complete.

The Issue is whether Ohio is Purging Voters from the Rolls in a Manner that Violates Federal Law.











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