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 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.
Anthony J. Gaughan,
Notice, Due Process, and Voter Registration Purges,
67 Clev. St. L. Rev.
available at https://engagedscholarship.csuohio.edu/clevstlrev/vol67/iss4/5
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