The Independent View: Missing Midterm Voters

The National Voter Registration Act Of 1993 (NVRA) or the Motor Voter Law, has a section describing how the Voter Rolls can be cleaned of Inactive Voters.

In the Absence of a Written Confirmation from a Registrant of a Change of Address outside the Jurisdiction, 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.

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.

(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.

Voting Purge Rates are on the Rise across the Country, particularly in a Cluster of Southern States no longer under certain Provisions of the Voting Rights Act.

This Fall, Millions of Americans may head to the Polls only to find their Names aren’t on Voter Registration Lists anymore. These voters may have to cast Provisional Ballots that may not be Counted. Or worse, they could be Turned Away.

The cause? Voter Purges, an often Misused method of Cleaning Voter Registration Lists by Deleting Names from Voter Rolls and Not Following the NVRA Rules. Purges aren’t necessarily a bad thing. Election Officials have a real need to ensure Voting Lists are Up-to-Date. People Move. People Change their Names. And inevitably, People Die. Voter Rolls should reflect those Changes.

But Purges are a growing Threat that may Imperil the Right to Vote for Millions of Americans in the Midterm Elections in November. They are too often based on Bad Information, like “ineligible” Lists that include the Names of Eligible Voters, or Matching Processes that Confuse Two different People for the same Name. Purges are on the rise across the Country, and particularly in a Cluster of Southern States no longer under certain Protections of the Voting Rights Act, Pre-clearance. And unlike Anti-Voter Legislation, bad Purges often happen in an Office with the Stroke of Keyboard, so Voters taken off the Rolls may not realize what’s happened until it’s too late.

Over the past year, the Brennan Center, pored over Data from 6,600 Jurisdictions and found the Median Rate of Purging across the Country has risen from 6.2% of Voters to 7.8% since 2008. That jump may seem small, but it’s Statistically significant and cannot be explained by Population Growth. It amounts to an additional Four Million People being struck off Voting Lists.

As Regions that used to be Covered by the Preclearance Provisions increased their Purge Rates, so too did the Number of People who showed up to Vote at their Polling Place but were unable to cast a Regular Ballot. This suggests that Voters had been wrongly Removed from the Rolls. The concern isn’t limited to Southern States. Over the past Five years, Four States have Engaged in Illegal Purges: Florida, New York, North Carolina, and Virginia. Another Four States: Alabama, Arizona, Indiana, and Maine, have written Policies that Violate the National Voter Registration Act.

In particular, Alabama, Indiana, and Maine, have Policies that Disregard the Federal Requirement to allow at least Two Federal Elections of Nonvoting before tossing Voters from the Rolls. Instead, all Three States allow the use of a Problematic Multistate Database called Crosscheck to conduct Immediate Purges. Crosscheck purportedly compares Registration Lists across some States, but it might Flag a Voter if only Name and Date of Birth Match, which is not precise enough to prevent Mistakes. This could Purge the Voter from Both States.

Crosscheck has led to Bad Purges elsewhere. In 2013, Virginia used Crosscheck to Purge some 39,000 Voters. County Officials received Rosters of potential Crosscheck “Matches” without Checking for Accuracy, nor did they have sufficient Time to conduct a thorough Review. In some Counties, Error Rates were as high as 17%.

We need to stop Bad Laws and Policies in their Tracks. Indiana was Sued to Halt its Sloppy Voter Purge Law and Won a Temporary Injunction this Spring. Alabama and Maine was urged to Change their Policies. We should also Support Automatic Voter Registration, which uses Updates to Names and Addresses at Motor Vehicle or other Government Offices to keep Registration Rolls Up to Date.

Election officials have many Tools at their Disposal. They should pick the ones that make Voting Easier, not Harder.

But you the Voter need to also be aware of the problem. Check well in advance of Voting if your Voter Roll information is correct or missing and correct it. Don't Complain, ACT.