Supreme Court allows Ohio, other state voter purges
Legal Outlook
The justices rejected, by a 5-4 vote Monday, arguments in a case from Ohio that the practice violates a federal law intended to increase the ranks of registered voters. A handful of other states also use voters' inactivity to trigger a process that could lead to their removal from the voting rolls.
Justice Samuel Alito said for the court that Ohio is complying with the 1993 National Voter Registration Act. He was joined by his four conservative colleagues. The four liberal justices dissented.
Partisan fights over ballot access are being fought across the country. Democrats have accused Republicans of trying to suppress votes from minorities and poorer people who tend to vote for Democrats. Republicans have argued that they are trying to promote ballot integrity and prevent voter fraud.
Under Ohio rules, registered voters who fail to vote in a two-year period are targeted for eventual removal from registration rolls, even if they haven't moved and remain eligible. The state said it only uses the disputed process after first comparing its voter lists with a U.S. postal service list of people who have reported a change of address. But not everyone who moves notifies the post office, the state said.
So the state asks people who haven't voted in two years to confirm their eligibility. If they do, or if they show up to vote over the next four years, voters remain registered. If they do nothing, their names eventually fall off the list of registered voters.
"Combined with the two years of nonvoting before notice is sent, that makes a total of six years of nonvoting before removal," Alito wrote.
Justice Stephen Breyer, writing in dissent, said the 1993 law prohibits removing someone from the voting rolls "by reason of the person's failure to vote. In my view, Ohio's program does just that."
In a separate dissent, Justice Sonia Sotomayor said Congress enacted the voter registration law "against the backdrop of substantial efforts by states to disenfranchise low-income and minority voters." The court's decision essentially endorses "the very purging that Congress expressly sought to protect against," Sotomayor wrote.
Related listings
-
High court won’t review Kari Lake’s appeal over 2022 governor’s race defeat
Legal Outlook 11/08/2024The Arizona Supreme Court has declined to hear Republican Kari Lake’s latest appeal over her defeat in the 2022 governor’s race, marking yet another loss in her attempt to overturn the race’s outcome.The court made its refusal to ta...
-
FBI thwarts Iranian murder-for-hire plan targeting Donald Trump
Legal Outlook 11/01/2024The Justice Department on Friday disclosed an Iranian murder-for-hire plot to kill Donald Trump, charging a man who said he had been tasked by a government official before this week’s election with planning the assassination of the Republican p...
-
Nebraska high court to decide if residents with felony records can vote
Legal Outlook 10/14/2024Thousands of Nebraska residents with felony records will learn Wednesday whether they’ll be able to vote in next month’s hotly contested elections after the state Supreme Court issues its ruling on a lawsuit seeking to restore their votin...
Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child. Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.