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Indybay Feature

Appeals Court Orders Michigan To Restore 5,500 Voters To Rolls

by via ACLU
Thursday, October 30, 2008 : CINCINNATI – A federal appeals court late Wednesday cleared the way for 5,500 illegally purged voters to be returned to the rolls in time for Election Day. The U.S. Appeals Court for the Sixth Circuit rejected Michigan Secretary of State Terri Lynn Land's request not to enforce an earlier court ruling that declared the state's voter removal programs illegal.
The appeals court decision is the latest victory in a lawsuit filed in September by the American Civil Liberties Union, the ACLU of Michigan, Advancement Project and the law firm of Pepper Hamilton LLP.

Earlier this month, Judge Stephen J. Murphy of the U.S. District Court of the Eastern District of Michigan ruled that Michigan's voter removal program violates the National Voter Registration Act of 1993 (NVRA). In question was a Michigan state law requiring local clerks to nullify the registrations of newly-registered voters whenever their voter identification cards are returned by the post office as undeliverable. The NVRA permits voters to remain on the voter rolls for at least two federal elections after voter registration cards are returned.

The voter removal program would have had a detrimental impact in minority, low-income and student communities across Michigan. These communities tend to be more transient and to live in multi-family housing. The plaintiffs in the case are the United States Student Association (USSA) and the ACLU of Michigan.

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