[EL] True the Vote Raises NVRA Claim to inspect Poll Materials in MSSEN race

[Rick Hasen]

Isn't it clear since at least U.S. v. Classic that federal election laws 
extend to congressional primaries?  (The issue in the KS/AZ case is very 
different---congressional power to set the "manner" of congressional 
elections when the state says that this manner interferes with its own 
power to set voter "qualifications").
On its face, though, the public disclosure provision does not seem to 
involve disclosure of poll books.  Poll books do not appear to be 
"records" of "voter registration activities" or records "concerning the 
implemetnation of programs and activites conducted for the purpose of 
ensuring the accuracy and currency of" voter lists."
But I haven't looked at either the legislative history or any 
interpretation of this statute in other cases.


On 7/2/14, 6:37 AM, Michael P McDonald wrote:
> Interesting claim to access for a primary run off election. An issue 
> in the KS and AZ litigation over the national voter reg citizenship 
> dispute is whether the national standards apply to a state election. I 
> can see an argument from that situation that NVRA does not apply to 
> anything other than a federal general election. If True the Vote 
> prevails they could set a precedent that they may not agree with down 
> the road by further nationalizing elections.
>
> Sent from my iPhone
>
> On Jul 2, 2014, at 8:40 AM, "Thessalia Merivaki" <merivali at ufl.edu 
> <mailto:merivali at ufl.edu>> wrote:
>
>> Here is the public disclosure provision of the NVRA, which follows 
>> the provisions regarding voter removal programs and removing names 
>> from voting rolls:
>>
>> "§ 1973gg--6. Requirements with respect to administration of voter 
>> registration
>> (i) Public disclosure of voter registration activities
>> (1) Each State shall maintain for at least 2 years and shall make 
>> available for _public inspection _and, where available, photocopying 
>> at a reasonable cost, all records concerning the implementation of 
>> programs and activities conducted for the purpose of ensuring the 
>> accuracy and currency of official lists of eligible voters, except to 
>> the extent that such records relate to a declination to register to 
>> vote or to the identity of a voter registration agency through which 
>> any particular voter is registered.
>> (2) The records maintained pursuant to paragraph (1) shall include 
>> lists of the names and addresses of all persons to whom notices 
>> described in subsection (d)(2) of this section are sent, and 
>> information concerning whether or not each
>> such person has responded to the notice as of the date that 
>> inspection of the records is made."
>>
>>
>> On Tue, Jul 1, 2014 at 6:20 PM, Rick Hasen <rhasen at law.uci.edu 
>> <mailto:rhasen at law.uci.edu>> wrote:
>>
>>     http://electionlawblog.org/?p=62937
>>
>>     Anyone who knows about these provisions of the NVRA care to opine
>>     on the strength of the complaint
>>     <http://www.scribd.com/doc/232166906/True-the-Vote-v-Mississippi-Complaint>?
>>
>>
>>     -- 
>>     Rick Hasen
>>     Chancellor's Professor of Law and Political Science
>>     UC Irvine School of Law
>>     401 E. Peltason Dr., Suite 1000
>>     Irvine, CA 92697-8000
>>     949.824.3072 - office
>>     949.824.0495 - fax
>>     rhasen at law.uci.edu  <mailto:rhasen at law.uci.edu>
>>     http://www.law.uci.edu/faculty/full-time/hasen/
>>     http://electionlawblog.org
>>
>>
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-- 
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org

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