Dist. Ct. did not err in finding that portions of Indiana Statute (Act 334) was preempted by National Voter Registration Act (NVRA), since it allowed state to remove registered voters from its official list without following procedures mandated by NVRA under circumstances where it appeared that voter had moved. Subsection (f)(2) of Act directed county officials to cancel voter’s registration if there appeared to be duplicate registration in different state, and if non-Indiana registration postdated Indiana’s registration. As such, said subsection violated NVRA because it allowed Indiana to cancel voter’s registration either without having obtained direct communication from voter requesting that county remove voter from its voter rolls or without having complied with NVRA’s notice-and-waiting procedures. Dist. Ct.’s injunction, though, was overly broad, where it enjoined other subsections that did not violate NRVA, and where Dist. Ct. did not indicate that Indiana may cancel voter’s registration based solely on voter’s personal authorization of cancellation in Indiana that was first given to another state and then forwarded to Indiana.
Federal 7th Circuit Court
Civil Court
Election Law