In 1993, Congress passed the
National Voter Registration Act (NVRA).
Its primary purpose was to open up the voter registration process and
enhance democratic participation. The law had several aims, but among them was
protecting Americans from being carelessly or purposefully excluded from voting
by being improperly dropped from voting rolls.
Specifically, the NVRA established
two clear and simple directives regarding the maintenance of voter rolls:
1. Election administrators may systematically
remove ineligible voters from voter rolls at any time except within 90 days of
a federal election.
2. Election administrators must notify
voters that they will be dropped from the rolls if the administrators believe
that the voters have moved to another precinct.
Fifteen years after enactment of the
NVRA, however, many states continue to appear unaware of the federal rules
regarding voter roll purges. A survey of state laws and election officials
shows that, on the eve of the 2008 general election, voters across the country
do not appear to enjoy the important voter protection provisions afforded by
the NVRA.
Many states seem unaware of the
federal rules against systematic voter list maintenance within 90 days of a
federal election as evidenced by the following three findings:
1. Nineteen states do not have laws, regulations or
systems in place to properly implement the
NVRA's 90-day ban on voter list maintenance. There is no apparent pattern to the states that lack
these protections, and they cross both political and geographic boundaries.
2. Nine states claim that there is no deadline
beyond which voters cannot be systematically dropped from the rolls, a direct
contradiction of the terms of the NVRA.
3. Four states have their own deadlines written
into state law -- all of which are less than the federally mandated 90 days.
In addition, we found that 11 states
do not have the proper systems in place for notifying voters who have been
removed from the rolls if they are believed to have moved out of the precinct.
Recommendations:
1.
States should assess their compliance with the NVRA and immediately take steps
to ensure they are following federal law.
2.
Each state’s Secretary of State or chief election administrator should send a
letter to election officers and local officials explaining and clarifying the
rules.
3.
The Department of Justice must enforce the NVRA, including the 90-window and
the notification requirements.
4.
States should properly train state and local employees who are responsible for
managing voter rolls in order to reduce the likelihood of improper purging.
5.
States should be prohibited from purging a voter from the rolls unless his or
her name, address, sex, and phone number match the person whom should be
removed.
6.
Any state with a problem maintaining the rolls should be required to conduct an
internal investigation.
7.
Congress should expand the NVRA notification rule so that all voters who
are dropped from the rolls are notified rather than just those who are being
dropped because they have moved.
8.
States should post purged names on a public forum that is free to access, such
as the Internet.
There
are numerous ways in which states are in non-compliance with NVRA rules and, in
so doing, jeopardizing the right of eligible voters to vote. By adopting these
recommendations, government can promote the democratic process and help ensure
that citizens who are entitled to vote have the opportunity to do so.
