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Judge Rules Michigan Voter Purge Program Violates Federal Law
Source: The Advancement Project UNITED STATES STUDENT ASSOCIATION FOUNDATION v. LAND Download the Court Order
October 14, 2008 In a major victory for voting rights, a judge yesterday ruled that Michigan's voter removal program violates federal law and ordered the state to stop illegally purging voters from the rolls. The decision comes in a lawsuit filed last month by Advancement Project, the American Civil Liberties Union, the ACLU of Michigan, and the law firm of Pepper Hamilton LLP. "We are gratified that the judge ordered the state of Michigan to halt its unlawful purge program," said Bradley Heard, senior attorney with Advancement Project. "This decision protects thousands of Michigan residents' voting rights from being infringed upon during this important and historic presidential election, and beyond. It is now up to the state of Michigan to afford these voters the protections that federal law requires." Judge Stephen J. Murphy of the U.S. District Court of the Eastern District of Michigan ruled that one of Michigan's voter removal programs violates the National Voter Registration Act of 1993 (NVRA). In question was a Michigan state law requiring local clerks to nullify the registrations of newly-registered voters whenever their original voter identification cards are returned by the post office as undeliverable. Detroit elections officials report that nearly 30,000 voters per year in that city alone are removed from the rolls as a result of this state election law. The NVRA permits voters to remain on the voter rolls for at least two federal elections after voter registration cards are returned.
TERRI LYNN LAND, Michigan Secretary of State; CHRISTOPHER M. THOMAS, Michigan Director of Elections; and FRANCES MCMULLAN, City Clerk for the City of Ypsilanti, Michigan, in their official capacities,
'WHEREFORE, it is hereby ORDERED that the defendants Michigan Secretary of State and the Michigan Director of Elections: (1) Immediately discontinue their practice of cancelling or rejecting a voter's registration based upon the return of the voter's original voter identification card as undeliverable; (2) Remove the "rejected" marking in the QVF from the registrations of all voters whose original voter IDs have been returned as undeliverable since January 1, 2006 until the present, unless rejection was warranted for some other lawful reason; (3) Make no other designation, including but not limited to "cancelled," in these voters' registration records in the QVF or elsewhere, that will prevent their ballots from being counted if they appear at the polls and give whatever further proof of Michigan residence is required or permitted under applicable state and federal law; unless such a designation is warranted by written notice from the voter or for some reason other than change of residence; (4) Preserve and not destroy until after December 31, 2009, any and all records relating to maintenance of Michigan's voter registration files that have, since January 1, 2006, resulted in the cancellation of the registration of voters who have applied for out of state driver’s licenses, or the cancellation or rejection of voters’ registrations based upon the return of original voter identification cards ; and (5) Give no order, direction, or encouragement that any other government official or any other person engage in activity hereby prohibited to them. It is further ORDERED that the defendants Michigan Secretary of State, the Michigan Director of Elections, and the Ypsilanti City Clerk file an answer to the complaint in this action no later than fourteen days from the date of this Order.SO ORDERED. s/Stephen J. Murphy, III STEPHEN J. MURPHY, III United States District Judge
CASE DOCUMENTS Source: ACLU
Judge Rules Michigan Voter Purge Program Violates Federal Law
October 14, 2008 In a major victory for voting rights, a judge yesterday ruled that Michigan's voter removal program violates federal law and ordered the state to stop illegally purging voters from the rolls. The decision comes in a lawsuit filed last month by Advancement Project, the American Civil Liberties Union, the ACLU of Michigan, and the law firm of Pepper Hamilton LLP. "We are gratified that the judge ordered the state of Michigan to halt its unlawful purge program," said Bradley Heard, senior attorney with Advancement Project. "This decision protects thousands of Michigan residents' voting rights from being infringed upon during this important and historic presidential election, and beyond. It is now up to the state of Michigan to afford these voters the protections that federal law requires." Judge Stephen J. Murphy of the U.S. District Court of the Eastern District of Michigan ruled that one of Michigan's voter removal programs violates the National Voter Registration Act of 1993 (NVRA). In question was a Michigan state law requiring local clerks to nullify the registrations of newly-registered voters whenever their original voter identification cards are returned by the post office as undeliverable. Detroit elections officials report that nearly 30,000 voters per year in that city alone are removed from the rolls as a result of this state election law. The NVRA permits voters to remain on the voter rolls for at least two federal elections after voter registration cards are returned.
TERRI LYNN LAND, Michigan Secretary of State; CHRISTOPHER M. THOMAS, Michigan Director of Elections; and FRANCES MCMULLAN, City Clerk for the City of Ypsilanti, Michigan, in their official capacities, Defendants.
From the Order:
'WHEREFORE, it is hereby ORDERED that the defendants Michigan Secretary of State and the Michigan Director of Elections: (1) Immediately discontinue their practice of cancelling or rejecting a voter's registration based upon the return of the voter's original voter identification card as undeliverable; (2) Remove the "rejected" marking in the QVF from the registrations of all voters whose original voter IDs have been returned as undeliverable since January 1, 2006 until the present, unless rejection was warranted for some other lawful reason; (3) Make no other designation, including but not limited to "cancelled," in these voters' registration records in the QVF or elsewhere, that will prevent their ballots from being counted if they appear at the polls and give whatever further proof of Michigan residence is required or permitted under applicable state and federal law; unless such a designation is warranted by written notice from the voter or for some reason other than change of residence; (4) Preserve and not destroy until after December 31, 2009, any and all records relating to maintenance of Michigan's voter registration files that have, since January 1, 2006, resulted in the cancellation of the registration of voters who have applied for out of state driver’s licenses, or the cancellation or rejection of voters’ registrations based upon the return of original voter identification cards ; and (5) Give no order, direction, or encouragement that any other government official or any other person engage in activity hereby prohibited to them. It is further ORDERED that the defendants Michigan Secretary of State, the Michigan Director of Elections, and the Ypsilanti City Clerk file an answer to the complaint in this action no later than fourteen days from the date of this Order.
CASE DOCUMENTS Source: ACLU
News Advancement Project And ACLU Sue Michigan Secretary Of State Over Unlawful Voter Purging Legal Documents United States Student Association Foundation v. Land - Order (10/13/2008) United States Student Association Foundation v. Land - Complaint (9/17/2008) United States Student Association Foundation v. Land - Ex Parte Motion 9/17/2008) United States Student Association Foundation v. Land - Motion for Preliminary Injunction (9/17/2008) United States Student Association Foundation v. Land - Request For Expedited Consideration (9/17/2008)
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