11th Circuit, on 2-1 Vote, Holds Florida’s 2012 Voter Purge Looking for Non-Citizens Violated the NVRA

Arcia v. Fl. Sec of State majority opinion concludes:

In closing, we emphasize that our interpretation of the 90 Day Provision [of the NRVA] does not in any way handcuff a state from using its resources to ensure that non-citizens are not listed in the voter rolls. The 90 Day Provision by its terms only applies to programs which “systematically” remove the names of ineligible voters. As a result, the 90 Day Provision would not bar a state from investigating potential non-citizens and removing them on the basis of individualized information, even within the 90-day window. All that the 90 Day Provision prohibits is a program whose purpose is to “systematically remove the names of ineligible voters” from the voter rolls within the last 90 days before a federal election. 42 U.S.C. § 1973gg-6(c)(2)(A).

 

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