The Supreme Court on Monday Ruled that Ohio's Method of Removing Voters from its Voter Rolls does not Violate the National Voters Registration Act (NVRA) or the Motor Voter Law.
The decision was 5-4.
At least Six other States have similar Laws, and the Ruling could embolden others to follow suit.
Ohio Law allows the State to send Address Confirmation Notices to Voters who have not engaged in Voter Activity for Two Years.
If a Voter Returns the Notice through Prepaid Mail, or responds Online, the Information is Updated.
If the Notice is Ignored and the Voter Fails to Update their Registration or does Not Vote over the Next Four years, the Registration is Canceled.
NVRA
A State may Remove the Name of a Person from the Voter Registration List due to a Change of Residence upon:
1) The Person’s Written Confirmation of a Change of Residence to a place outside the Jurisdiction.
2) Completion of the Notice Process described in Section 8(d) of the NVRA.
Section 8(d) of the NVRA sets forth a process for removing a person based on change of residence. This process requires sending a forwardable notice, in the form of a postage-prepaid and pre-addressed return card, on which the person may state his or her current address. The notice must include the language required by Section 8(d)(2) of the NVRA. For example, the notice must advise (1) that if the registrant did not change his or her residence, or changed residence but remained in the registrar’s jurisdiction, the registrant should complete and return the card not later than the voter registration deadline for the next election; (2) that if the card is not returned, affirmation or confirmation of the registrant's address may be required before the registrant is permitted to vote in a federal election during the period beginning on the date of the notice and ending on the day after the date of the second general election for Federal office that occurs after the date of the notice; and (3) that if the registrant does not vote in an election during that period the registrant's name will be removed from the list of eligible voters.
The jurisdiction may designate the registrant as inactive if the registrant fails to return the card by the voter registration deadline for the next election after the notice is sent.
The jurisdiction may remove the registrant from the voter rolls after sending the notice in two circumstances.
First, if the registrant confirms in writing, such as by completing and returning the notice card, that the
registrant has changed residence to a place outside the jurisdiction then the registrant can be removed from the list immediately.
Second, if the registrant fails to respond to the notice and fails to vote or to appear to vote in an election beginning on the date the notice is sent and ending on the day after the date of the second federal general election after the notice is sent, then the registrant can be removed from the list after that second federal general election.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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