US Court of Appeals, Sixth Circuit Ohio Voting Purge Ruling

US Court of Appeals, Sixth Circuit Ohio Voting Purge Ruling

September 23, 2016
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CLAY, Circuit Judge. The A. Philip Randolph Institute (“APRI”), the Northeast Ohio Coalition for the Homeless (“NEOCH”), and Larry Harmon (collectively “Plaintiffs”) filed suit seeking to enjoin the defendant, Ohio Secretary of State Jon Husted (“the Secretary”), from removing the names of registered voters from Ohio’s voter rolls pursuant to the state’s so-called

Supplemental Process, which Plaintiffs allege violates the National Voter Registration Act of 1993 (“NVRA”), 52 U.S.C. § 20501 et seq., and the Help America Vote Act of 2002 (“HAVA”), 52 U.S.C. § 20901 et seq. Plaintiffs also sought an injunction requiring the Secretary either to reinstate otherwise eligible voters who were improperly removed from the rolls pursuant to the Supplemental Process, or to count provisional ballots cast by such persons. Finally, Plaintiffs alleged that the change-of-address confirmation notices mailed to voters as part of the Supplemental Process fail to meet the standards for such notices set out in the NVRA, 52 U.S.C. § 20507(d)(2). Before us is Plaintiffs’ appeal from the district court’s order denying Plaintiffs’ request for a permanent injunction and directing entry of judgment in favor of the Secretary. For the reasons set forth below, we REVERSE the district court’s judgment and REMAND for further proceedings consistent with this opinion.[...]

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