“Did Alabama Just Violate Federal Voting Law? Assessing the state’s ‘inactive’ voter scheme.”


Theoretically, voters who received the first postcard and did nothing (as instructed) remained active and received no further correspondence. Stuart Naifeh, a voting rights attorney at Demos, told me that, under the federal National Voter Registration Act, states cannot begin to remove voters from the rolls without some initial indication—such as bounced mail—that they have changed addresses. To put it another way: If Alabama is listing voters as inactive because they didn’t respond to one or both postcards—but neither was returned to sender—it is probably breaking federal law.


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