The state of Michigan has agreed to end two voter purge programs that violated federal law, disenfranchising thousands of Michigan voters.
The voter purge practices in question disfranchised Michigan voters with out-of-state driver’s licenses or voter identification records associated with inaccurate mailing addresses. These voter-removal practices had a particularly detrimental impact on students, as well as communities of color and low-income communities. These populations can be transient and often live in dormitories or multifamily housing where mail can be unreliable and unpredictable. For example, it is very common for college students to have driver’s licenses from states other than the state where their colleges are located.
In September 2008, the Advancement Project, the American Civil Liberties Union (ACLU), ACLU of Michigan and the law firm of Pepper Hamilton LLP filed a complaint on behalf of the United States Student Association Foundation (USSAF), the ACLU of Michigan, and the Michigan State Conference of NAACP Branches.
In October 2008, the U.S. District Court in Detroit preliminarily ruled that the voter-removal programs violated the National Voter Registration Act of 1993 (NVRA). The NVRA mandates that voters remain on the rolls for at least two general federal election cycles after voter registration cards are returned as undeliverable. The NVRA also requires that states must verify that voters actually changed voting residence before purging voters who obtained out-of-state driver’s licenses. Therefore, the Court issued a partial preliminary injunction on a Michigan law requiring local clerks to nullify the registrations of newly registered voters whenever their voter identification cards were returned by the U.S. Post Office as undeliverable.
Bradley Heard, a senior attorney with Advancement Project, proclaimed the true victory for Michigan voters, stating in a recent press release that “voter-removal procedures like those at issue in this lawsuit, which allow eligible and registered voters to be suddenly stricken from the rolls without notice, are bad for democracy.”
“Students and communities of color shouldn’t have their right to vote taken away because they didn’t receive their mail or have out-of-state driver’s licenses,” said Kary Moss, executive director of the ACLU of Michigan. “We are relieved that Michigan has agreed to take steps to make sure all Michigan voters can make their votes count and their voices heard.”
The June settlement agreement permanently ends this practice, as well as that of purging voters who obtained out-of-state driver’s licenses without proof that the voter changed residence for voting. College students have been in the battleground fighting for their rights to vote in the state of their college for years. This ruling ensures that, despite the transient nature of their lifestyle, college students will have a voice in the electoral process. The ruling also comes in a timely fashion, as it is a matter is resolved prior to the 2010 elections.
Lauren Forbes is a legal intern with Project Vote.