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- Title
NOTICE, DUE PROCESS, AND VOTER REGISTRATION PURGES.
- Authors
GAUGHAN, ANTHONY J.
- Abstract
In the 2018 case of Husted v. A. Philip Randolph Institute, a divided United States Supreme Court upheld the procedures that Ohio election authorities used to purge ineligible voters from the state's registration lists. In a 5-4 ruling, the majority ruled that the Ohio law complied with the National Voter Registration Act of 1993 ("NVRA") as amended by the Help America Vote Act of 2002 ("HAVA"). This Article contends that the controlling federal law--the NVRA and the HAVA--gave the Supreme Court little choice but to decide the case in favor of Ohio's secretary of state. But this article also argues that the Ohio procedure fails to constitute good public policy even though it complies with federal law. Accordingly, this Article concludes with a set of modest proposals for reforming the notification process used in list maintenance procedures.
- Subjects
DUE process of law; VOTER registration; UNITED States. Supreme Court; ELECTIONS; GOVERNMENT policy
- Publication
Cleveland State Law Review, 2019, Vol 67, Issue 4, p485
- ISSN
0009-8876
- Publication type
Article