The 1993 federal law nick-named “Motor-voter”, but which is actually called the National Voter Registration Act, prohibits states from completing “any program the purpose of which is to systematically remove the names of ineligible voters from the official lists of eligible voters” during the 90 days before a federal primary or a federal election.
On April 1, the Eleventh Circuit ruled that Florida violated this law in 2012, when it tried to match names on the voter registration rolls with two other databases, looking for individuals who had registered to vote even though they are not citizens. Arcia v Florida Secretary of State, 12-15738. One database was the list of individuals who, when they applied for a drivers license, presented ID to get their drivers license that suggested that individual is not a citizen (such as a green card). The other database is the federal “SAVE” list, prepared by the Department of Homeland Security.
Florida matched names on these other databases during the period 90 days before the election, which the federal voter registration law prohibits. Florida defended itself by saying the federal law only applies to individuals who were eligible to register in the past but are no longer eligible, as opposed to aliens, who were never eligible. The court used the plain meaning of various ordinary words to rebut that idea.
A practical problem with Florida’s program was that sometimes individuals who had not been citizens at the time they got their drivers license, or at the time they appeared on the SAVE list, had later become citizens. Thus Florida was removing some voters from the rolls in error.
The decision was 2-1. Thanks to PoliticalWire for the news.
