11th Circuit Maintains Voter Purge Record Access for Nonprofits, but Adds Limits

By Madeleine Greenberg

June 26, 2024

Today, the 11th U.S. Circuit Court of Appeals issued a decision in a case challenging Alabama secretary of state’s refusal to produce purged voter records. The 11th Circuit ruled that although Alabama does have to release information to non-profit groups, it does not have to do so in a way that is accessible or cost effective for those groups. 

In 2022, Greater Birmingham Ministries — a nonprofit civil rights organization — filed this lawsuit against former Alabama Secretary of State John Merrill (R) due to his refusal to produce records of voters who were purged after the 2020 election and voter registration applicants who were denied registration or purged from the state’s voter rolls because of felony convictions dating back at least two years. 

Specifically, the plaintiffs alleged that Merrill refused to produce the requested voter purge records without payment of over $1,000 and also refused to produce the felony records altogether, claiming that they were “outside the scope” of the National Voter Registration Act (NVRA). In 2022, the trial court issued an opinion in favor of the plaintiff on all claims and ordered the Alabama secretary of state to produce all of the records requested by the plaintiff in digital form. Greater Birmingham Ministries was able to gain access to the purged voter records, but the Republican secretary of state appealed and  the 11th Circuit reversed that opinion today.  

Now, as a result of today’s opinion, non profit organizations such as Greater Birmingham Ministries will retain the ability to have access to purged voter information, but they will not be able to get that information electronically. Additionally, the court is now allowing the Alabama secretary of state to impose a fee that is greater than the cost of producing the records. As the dissent by former voting rights attorney Judge Nancy Abudu points out, this can be a “cost-prohibitive” barrier to groups doing important pro-democracy work. 

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In Georgia, conservatives seek to have voters removed from rolls without official challenges

BY  JEFF AMY AND TRENTON DANIEL

Updated 11:02 PM CDT, June 28, 2024

WOODSTOCK, Ga. (AP) — Conservative activists in Georgia and some other states are quietly pushing a way to remove names from the voting rolls without filing a formal legal challenge.

They’re asking election administrators to use their data to purge voter registrations, which means names could be removed in a less public process than a formal voter challenge. The strategy could mean electors won’t be summoned in advance to defend their voting rights and the identities of those seeking to purge voters might not be routinely public.

Georgia Secretary of State Brad Raffensperger’s office insists any living voter stricken from the rolls must be notified. But because Georgia has 159 counties and no formal statewide rules governing these less formal inquiries, it’s unclear how every county will react. People removed in error could vote a provisional ballot, but local officials might count those votes only in exceptional cases.

The strategy is expanding even as a new Georgia law takes effect Monday that could lead to counties removing a larger share of voters using formal voter challenges.

That law already has been met with alarm by Democrats and voting rights advocates. They view the hundreds of thousands of voter challenges filed since 2020 as part of Georgia’s long history of blocking voting dating back to slavery. Now, as details of below-radar efforts surface, those advocates fear a double-barreled attack on voting.

“There’s built-in transparency into the challenge process, and some level of voter protection in that notice requirements and hearings are required,” said state Rep. Saira Draper, an Atlanta Democrat and Joe Biden’s 2020 state director of voter protection. “You can’t sidestep that by just unofficially challenging people and saying it’s not a challenge because we’re not calling it a challenge.”

The less-formal approach has worked at least once. In suburban Atlanta’s Cobb County, the county removed some voters after a man sent inquiries listing 245 potentially dead people.

“All we’re doing is a free service. Hey, this group of 500 people, or this group of 800 people said they moved. Maybe you should look into it,” Jason Frazier, a Republican who has formally challenged nearly 10,000 voters in Atlanta’s heavily Democratic Fulton County, said during a presentation Friday.

The effort is one prong of a wide-ranging national effort coordinated by Donald Trump allies to take names from rolls.

An Associated Press survey of Georgia’s 40 largest counties finds more than 18,000 voters have been challenged in 2023 and 2024, although counties rejected most challenges. Election officials predict challenges will surge under the new law.

Most controversially, that law says officials can use as evidence the U.S. Postal Service’s National Change of Address list showing people have moved, although not as the sole reason for removing voters. Opponents slam that list as unreliable.

It’s unclear how much change the law will bring because the state hasn’t issued guidelines to counties on handling challenges.

County officials routinely remove voters who are dead, convicted of felonies, mentally incompetent or no longer living in Georgia, using lists provided by the secretary of state’s office.

For people who have moved, federal law says Georgia can only cancel an inactive registration if a voter doesn’t respond to a mailing and then doesn’t vote in two following federal general elections. That process takes years.

Activists fueled by Trump’s lies that the 2020 election was stolen say state cleanup efforts are woefully inadequate and inaccuracies invite fraud. Douglas Frank, a former teacher traveling the country peddling election conspiracy theories, urged Georgians to use software called EagleAI to file challenges this spring.

“You have the constitutional right to challenge any other voter in your county,” Frank said at Cherokee County Republican headquarters in Woodstock. “In fact, it’s not merely your right. It’s your duty to clean the voter rolls.”

Texas-based True the Vote challenged 364,000 Georgia voters prior to two U.S. Senate runoffs in 2021. Individuals and groups have since challenged many more. Election officials say many challenges are powered by EagleAI. The tool was created by Dr. John “Rick” Richards Jr., a retired physician and entrepreneur who lives in suburban Augusta’s Columbia County.

Richards said in a Wednesday interview that people using his software are citizen volunteers, likening the work of finding ineligible voters to picking up roadside trash.

“No one is going to be denied the right to vote,” Richards said. “That’s a bunch of hooey.”

In online meetings and in-person appearances over the past year, Richards has pushed EagleAI as a sophisticated platform to cleanse dirty voter lists. The Associated Press found the platform is funded and used by supporters of Trump, some of whom worked to overturn the 2020 vote, and entwined with the Republican’s campaign.

An EagleAI document last year touted the system’s “use of AI” and “multitiered algorithms” to cleanse dirty voter lists, but Richards now says there is no artificial intelligence at work. The software instead draws in part from a database of “suspicious” voters hand-built by conservative activists, the AP found.

Over past months, an AP reporter joined online meetings publicized among activists before eventually being asked to leave. The AP also obtained additional meeting videos to glean a behind-the-scenes look at how the software is used in states including Arizona, Florida, Illinois, Nevada and Ohio.

“The left will hate this — hate this. But we love it,” Cleta Mitchell, a frequent participant, said during one presentation. Mitchell is a GOP election attorney who took part in the call when Trump implored Raffensperger to “find” more votes in the 2020 election. While Trump was indicted in Georgia for the call, Mitchell was not. Mitchell now is a leader in multiple organizations pushing to purge voting rolls.

Richards called Mitchell’s affiliations “irrelevant.”

“This has nothing to do whatsoever with the 2020 election — has nothing to do with the current politicians,” he said. “It has to do with what’s right is right.”

Richards’ hometown election board in Columbia County agreed in December to buy EagleAI software, the only Georgia government known to have done so.

The county agreed to pay $2,000, saying EagleAI would help maintain its voter list but wouldn’t be “the sole means to remove a voter.” But the deal stalled because Richards hasn’t returned a signed contract. He said elections officials have been too busy thus far to use the contract’s 90-day training period.

Eugene Williams, an active voter challenger and EagleAI user, emailed Cobb County Elections Director Tate Fall three lists totaling 245 potentially dead voters in December, January and March, citing obituaries.

“When we investigated, most of them had already been removed from the voter roll,” Fall told the AP. “But we have removed voters based on the data that he sent us.”

However, she added no voter would be removed without evidence and a vote by the county election board.

Others are pushing election officials to act using software other than EagleAI. True the Vote says its IV3 tool has highlighted 317,886 “invalid voter records.”

Mitchell has repeatedly urged allies to befriend officials, including on a 2023 EagleAI call with Richards.

She suggested asking officials: “‘How can we help you? What are the things that you wish you had that you don’t have?’ And they always say more money and more people. Well, you can say, ‘We have people, and we’re here to help you.’”

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Voter purge in Ohio: Will you be knocked off the list?

by Signal Akron June 4, 2024

Ohio Secretary of State Frank LaRose has again launched an initiative to remove inactive voters from the voter list prior to an election. The state’s 88 county boards of elections are tasked with reviewing and reporting records of voters who have not voted for the last four years.

Last year, nearly 27,000 Ohio voters were purged from the list.

“Ohio’s voter list maintenance procedures have been administered by bipartisan election officials for at least the last 30 years, since the passage of the National Voter Rights Act,” said Secretary LaRose in a press release. “These steps should give Ohioans confidence that election integrity is our top priority.” 

How can you avoid being part of the voter purge? Check out Signal Akron’s guide below to make sure you’re ready to vote this November. 

How to avoid the Ohio voter purge: Check your registration

Making sure your voter registration is up to date is essential to ensuring you don’t fall off the voter list. Voter registration can be checked online ​​or by contacting the Cuyahoga County Board of Elections.

When purging voter lists, the board of elections focuses on these groups of voters: 

  • Voters who were flagged for removal previously 
  • Voters who moved to a new address and did not update their registration
  • Voters who are newly registered but whose mailed registration acknowledgement was declared undeliverable by the Postal Service
  • Voters whose voter records do not match the information provided by the Ohio Bureau of Motor Vehicles

Updating your address is key

One field that needs to be correct: your address.

Voters need to make sure their correct address is on file with the Board of Elections.  Cuyahoga County Board of Elections Manager, Mike West said in an email. Residents can click here to use the county website:  or they can call 216-443-VOTE (8683) to update their information

“You can use the address where you live as long as it is not business or a post office box,” West said. Any voters without a permanent address can use a temporary one, such as a shelter. In Cleveland the shelter addresses are for the Cosgrove Center, Luthern Men’s Shelter, Westside Catholic Center and Norma Herr Women’s Center.

How to register to vote and important dates

Oct. 7 is the registration deadline for the Nov. 5 General Election. Purged voters have until Oct. 7 to re-register.

Voters can register onlineby mail or in person, including at Cleveland Public Library branches.

To register online to vote, voters need an Ohio driver’s license or Ohio identification card number, a current address, and the last four digits of their social security number. 

“If a person moves after the October registration deadline, they can go to the county’s website, use their new address to find their new voting location,” West said. “Once there, they can vote by using a provisional ballot.  The provisional process will also automatically update their address.”

Who is eligible to vote?

U.S. citizens who will be at least 18 years old by Election Day (Nov. 5) are eligible to vote. You must be an Ohio resident for at least 30 days prior to the election. 

Also, in Ohio a felony conviction does not disqualify a person from voting. Furthermore, if you are serving a sentence for a misdemeanor crime or are charged with a felony crime but have not been convicted, you are still eligible to vote. You may also vote if you are on probation, community control, parole, house arrest or living in a halfway house or treatment center.

If you are currently incarcerated for a felony conviction, you are not eligible to vote. 

Here is the full list of voter eligibility requirements:

  • You are a citizen of the United States.  
  • You will be at least 18 years old on or before the day of the general election. 
  • You will be a resident of Ohio for at least 30 days immediately before the election in which you want to vote. 
  • You are not incarcerated (in jail or in prison) for a felony conviction. 
  • You have not been declared incompetent for voting purposes by a probate court. 
  • You have not been permanently disenfranchised for violations of election laws

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Republicans sue to purge at least 500,000 people from Arizona’s voter rolls

BY: EMILY HOLSHOUSER – JUNE 10, 2024 10:42 AM

The leaders of the Arizona Republican Party and a conservative dark money group have filed a lawsuit alleging the state has not kept an accurate count of registered voters and asking a court to force elections officials to purge 500,000 Arizonans from the voter rolls.

The federal lawsuit claims that the state’s list of registered voters contains up to 1.27 million voters who have either died or moved out of state, violating the National Voter Registration Act.

Four counties in Arizona have more registered voters than total voting-age citizens, the group’s suit says — Apache, La Paz, Navajo and Santa Cruz. The suit uses 2022 voter registration figures and data  from the U.S. Census Bureau.

The suit was filed by Scot Mussi, president of the Arizona Free Enterprise Club; Arizona GOP chair Gina Swoboda; and Steve Gaynor, who unsuccessfully ran for the Republican nomination for Arizona secretary of state in 2018.

“Election integrity is a serious issue in our nation,” said Mussi in a written statement announcing the lawsuit. “Ensuring that Arizonans can have faith in the integrity of our election system and representative government starts with clean voter rolls that leave no doubts about who is able to cast a ballot.

In the suit, Mussi and the others claim that Secretary of State Adrian Fontes has failed to develop a maintenance program to remove ineligible voters, and that he has admitted to that failure, describing the program as “in development.” 

The Arizona Free Enterprise Club, a 501(c)(4) nonprofit that advocates for conservative policies and spends to help Republican candidates win election, has filed multiple other lawsuits against Fontes. One from October 2023 attempted to block the use of ballot boxes in the state, while another filed in February sought to defend ballot box monitoring.

Arizona Secretary of State spokesperson JP Martin said that the state’s voter registration monitoring is “up to date and compliant with federal and state laws.”

Martin said that Fontes’ office would not comment on an ongoing legal case, but voters have no reason for concern and that the lawsuit is based on speculation rather than evidence.

A trial date for the suit has not been set.

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Ohio Sec. of State Moves to Purge Alleged Noncitizens From Voter Rolls

WASHINGTON, D.C. — Ohio Secretary of State Frank LaRose (R) announced yesterday that his office instructed the board of elections in 88 counties to begin the process of removing noncitizen voters from election registration rolls. 

According to a press release from LaRose’s office, at least 137 noncitizen voters were allegedly identified by the secretary of state’s Public Integrity Division and Office of Data Analytics and Archives, through records from the Ohio Bureau of Motor Vehicles (BMV). Both Ohio and federal law prohibits noncitizens from registering to vote in state and federal elections and, according to LaRose’s office, the voters were identified through data that showed they twice confirmed their noncitizenship status to the BMV and were also on the voter registration rolls. 

Though that doesn’t necessarily mean all 137 voters are noncitizens who were illegally registered to vote; it could mean that either the BMV or voter registration data is out-of-date. As a result, the voters will receive two written notices from LaRose’s office to confirm their citizenship status. 

LaRose’s announcement comes on the heels of a nationwide push by congressional Republicans to ban noncitizens from voting in federal elections. Last week, U.S. House Speaker Mike Johnson (R-La.), Rep. Chip Roy (R-Texas) and Sen. Mike Lee (R-Utah) introduced a bill requiring people to provide proof of their U.S. citizenship in order to register to vote in federal elections. 

The bill, entitled the Safeguard American Voter Eligibility (SAVE) Act, was first mentioned in April by Johnson during a press conference with former President Donald Trump at his Mar-a-Lago resort, where both Republicans falsely implied that enough noncitizens are voting that “it could turn an election.” 

The reality is that the unproven phenomena of noncitizen voting is a frequent scare tactic from the GOP. Numerous reports and studies have shown that instances of noncitizen voting in federal elections is extremely rare. And yet it’s not the first time congressional Republicans have tried to ban noncitizens from voting, despite the fact that the practice has been prohibited since at least 1996, when Congress passed a law making it illegal. 

In response to LaRose’s announcement, the Ohio Voter Right Coalition, a pro-voting nonprofit organization in the Buckeye State, put out a call to action for voters to check their registration to make sure they don’t get wrongly purged from the state’s voter registration. 

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Wyoming voids 28% of its voter registrations in mandatory purge

By Maggie MullenWyoFile

Thousands of Wyoming residents could be surprised on Election Day when they show up to cast a ballot only to discover they’re no longer registered to vote. 

There are currently about 83,500 fewer registered voters in the state than at the end of 2022, a roughly 28% drop, according to data released Wednesday by the Wyoming Secretary of State’s Office.

The sizable dip follows a mandatory voter purge that was likely magnified by a major shift in voter turnout between the 2020 and 2022 elections.

Wyoming law has long required county clerks to purge voter rolls each February, a process that involves removing voters who did not cast a ballot in the most recent election. So it’s not unusual for voter rolls to fluctuate. And, of course, some of that purge inevitably includes voters who have died or moved away. 

Still, local election officials and nonprofit organizations are hoping to inform voters ahead of time to avoid frustration or having to turn them away at the polls. 

“Our concern is simply people not realizing that they’re no longer registered and not bringing with them the appropriate materials to get re-registered, because you can register at the polls,” Tom Lacock with AARP told WyoFile. 

While a Wyoming driver’s license or ID card, a United States passport, a tribal ID card, a U.S. military card and some student IDs would be sufficient identification to register and to vote, other forms of identification would not. 

A Medicare or Medicaid insurance card, or a Wyoming concealed firearm permit, for example, would not allow someone to register to vote, but are acceptable IDs for already registered voters to cast a ballot. 

Meanwhile, Secretary of State Chuck Gray said the provision requiring the purge has been in state law for more than 50 years. 

“Voter roll hygiene and voter registry maintenance is extremely important to maintaining integrity and confidence in our electoral process,” he wrote in a statement to WyoFile. 

Details

All 23 of Wyoming’s counties have experienced a decrease in registered voters since December 2022, according to the data. 

Campbell County saw the biggest drop, losing 34% of its voter registrations, while the smallest decrease was recorded in Hot Springs County at 17%. 

Laramie County Clerk Debra Lee pointed to a very high turnout in 2020 as one cause for the decline.  

“And so our voter rolls were large. And then in 2022, we had record low turnout [in the general election],” Lee told WyoFile, which fits the convention that presidential elections draw more voters than the midterms.

“That’s why we ended up with so many people who were purged,” Lee said. 

As is routine, Wyoming’s county clerks mailed notifications to the last known addresses of those who were set to be dropped from the voter rolls in 2023. This gave voters the opportunity to notify the clerk if they wanted to remain registered. 

Thousands ended up purged anyway. 

That included many who voted in 2022’s primary election, but not the general — which squares with another typical voting trend. The majority of races in Wyoming are effectively decided in August due to the state’s Republican supermajority.

Lacock said AARP is encouraging voters to contact their local county clerks to verify that they’re still registered, or ask any questions related to other changes to this year’s election. 

The window for absentee voting — also known as early voting — is shorter than before for most voters, and there’s a new limit on when voters can affiliate with a political party. 

The primary election is Aug. 20. Voter registration is now open. The last day registered voters can change their party affiliation is May 15. Unregistered voters, like those recently purged, can choose their party affiliation while registering, even if doing so after May 15, including at the polls on election day.

The candidate filing period runs May 16 to 31.

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How to find out if you are still registered to vote before Ohio’s purge

By: Morgan Trau

Posted at 6:51 PM, May 03, 2024

and last updated 6:30 PM, May 03, 2024

COLUMBUS, Ohio — Ahead of the November election, Ohio Secretary of State Frank LaRose has instructed officials to purge inactive voters from the rolls. Here is what you need to do to find out if you are still registered — plus how you can stay registered.

Ohioans are gearing up for the presidential election.

“I’ts very important to vote, got a lot of decisions to make,” Cuyahoga County voter Mary Jo Boehnlein said.

Boehnlein votes in every election. But not everyone does, like Cynthia Hatcher.

“Not the preliminaries,” Hatcher said. “Mostly November is when I really look forward to voting.”

Now — county boards of elections are trying to warn the infrequent voters to check their registration.

“A voter purge is just really an opportunity for us to keep our voter rolls clean,” Tony Kaloger, the deputy director of the Cuyahoga County BOE, said.

LaRose has just ordered local officials to start removing inactive voters, and the officials must have a list of people who they intend to remove by May 21. By May 31, final “registration readiness notice” mailers must be sent out.

Kaloger explained this happens every few years. If you change your mailing address and don’t vote for four years, your voter status could be canceled. Even if you don’t move but you don’t vote for six years — you could also be purged.

“There’s a lot of checks and balances to make sure that people who are registered, who do live in Cuyahoga County, do not unfairly or prematurely get canceled,” he said.

As stated above, boards of elections will send out mail numerous times to try to get you to confirm your address and voter status. If you respond, they will keep you on. You can also go to the local office or give them a call to ask about your status.

Although he didn’t last year, LaRose is supposed to put out a list of everyone he is removing from the rolls before the voter registration deadline. You can always go on the secretary of state website to look up if you are still registered.

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Frivolous Lawsuit Targets Maryland’s Voter Rolls and Voting Systems

The case is part of a nationwide strategy to sow doubt in the 2024 election ahead of November.

April 9, 2024

In Maryland, two election denial groups are exploiting the courts to help lay the groundwork to undermine the 2024 election. The effort, part of a string of challenges to voter rolls and election procedures by an expansive network of activists and organizations, injects distrust into our electoral process.

The groups, Maryland Election Integrity and United Sovereign Americans, filed a lawsuit in March falsely claiming that Maryland’s voter rolls are inaccurate, its voting systems are unreliable, and the Maryland Board of Elections has “lost control of the voting system.” This legal effort, and similar ones across the country, are intertwined with the election denial movement that has for years sought to disrupt the democratic process. These suits threaten to wreak havoc in 2024.

Among other things, the plaintiffs claim that Maryland’s election system is out of compliance with the National Voter Registration Act, a law that is designed to increase voter registration and includes safeguards to ensure eligible voters are not accidentally removed from the rolls.

Claiming tens of thousands of errors within a state’s voting system does not make it so. To push back against this faulty suit, last week the Brennan Center filed a friend-of-the-court brief in support of the Maryland State Board of Elections’ motion to dismiss. The brief argues that the suit’s claims are based on glaring methodological errors that leave the plaintiffs’ allegations without any basis in fact. It also highlights the dangers of suits like this one, designed to sow doubt in the integrity of the election system leading up to November. One of the plaintiff groups — United Sovereign Americans — has made clear that the Maryland lawsuit is part of a broader scheme, publicly stating that the group plans to file similar suits in at least 23 states on an “emergency basis.”

Under the National Voter Registration Act, states are required to make a “reasonable effort” to remove voters who have died or moved. The plaintiffs are relying on unsound statistical analysis to cast Maryland’s voter rolls as inflated with ineligible voters and call into question its entire election system. The groups have asked the court to block Maryland from administering or certifying any election until the alleged voter registration errors are remedied. However, these claims hinge on fundamentally flawed data analysis of the state’s voter rolls, and the groups bringing the lawsuit failed to meet the minimum legal requirements to show that the federal court has the authority to rule on their claims. 

Other groups have already filed suits across the country demanding unwarranted voter purges. Last week, the Brennan Center filed a motion to intervene on behalf of the League of Women Voters of Michigan in a case brought by the Republican National Committee in Michigan. That lawsuit seeks to force the state to purge the voters rolls more aggressively, potentially putting eligible voters’ registrations at risk.

These lawsuits, riddled with misleading allegations, are nothing more than a smoke screen set up to confuse voters and lead to distrust in our elections. Creating unwarranted confusion and distrust was also a strategy around the 2020 vote, when lies and conspiracy theories shaped an entire movement aimed at overturning a legitimate election. It is precisely this distrust that has been fueling increased threats, harassment, and intimidation against elections officials. Election officials are already understaffed and overworked, and frivolous lawsuits like this strain election offices’ already limited resources, time, and taxpayer dollars.

This suit, and others based on similarly flawed claims, should be quickly and resoundingly rejected.

Brennan Center Article