[EL] NVRA Prohibition on Voter Registration Removals 90 Days Before Federal Elections: Special Elections / Runoff Primaries

[David Becker]

I'm not sure where the ambiguities are here, but I can tell you that I've enforced the NVRA with the DOJ, and I've spoken to the majority of states about this, and they are very clear about what elections these blackout period apply to. That's why most states conduct extensive list maintenance efforts in the year prior to a presidential election -- with presidential primaries, statewide primaries, and runoffs, there are few windows, if any, in which list maintenance can be conducted.

David J. Becker | Executive Director and Founder
Center for Election Innovation & Research
1120 Connecticut Avenue NW, Suite 1040, Washington, DC  20036
(202) 550-3470 (mobile) | dbecker at electioninnovation.org
www.electioninnovation.org | @beckerdavidj

-----Original Message-----
From: Carl Klarner <carl.klarner at gmail.com> 
Sent: Monday, June 8, 2020 5:40 PM
To: David Becker <dbecker at electioninnovation.org>
Cc: edu law-election at uci. edu law-election at uci. <law-election at uci.edu>
Subject: Re: [EL] NVRA Prohibition on Voter Registration Removals 90 Days Before Federal Elections: Special Elections / Runoff Primaries

Hi All,

Thanks David.

My experience is that the implementation and interpretation of a law is sometimes more complex than how it may initially look, and that there are also statements in laws that are sometimes open to interpretation.

This may be such a situation.

The issue is still unresolved in my mind, and I would still value feedback on this issue.

Carl

On Mon, Jun 8, 2020 at 5:14 PM David Becker <dbecker at electioninnovation.org> wrote:
>
> No assumption necessary. It's right there in the text of Sec. 8 of the NVRA:
>
>
>
> (2)(A) A State shall complete, not later than 90 days prior to the
>
> date of a primary or general election for Federal office, any program
>
> the purpose of which is to systematically remove the names of 
> ineligible
>
> voters from the official lists of eligible voters.
>
>
>
> David J. Becker | Executive Director and Founder
>
> Center for Election Innovation & Research
>
> 1120 Connecticut Avenue NW, Suite 1040, Washington, DC  20036
>
> (202) 550-3470 (mobile) | dbecker at electioninnovation.org
>
> www.electioninnovation.org | @beckerdavidj
>
>
>
> -----Original Message-----
> From: Law-election <law-election-bounces at department-lists.uci.edu> On 
> Behalf Of Carl Klarner
> Sent: Monday, June 8, 2020 5:11 PM
> To: edu law-election at uci. edu law-election at uci. <law-election at uci.edu>
> Subject: [EL] NVRA Prohibition on Voter Registration Removals 90 Days 
> Before Federal Elections: Special Elections / Runoff Primaries
>
>
>
> Hi All,
>
>
>
> I'm assuming the NVRA 90 day prohibition on taking voters off the 
> rolls before federal elections for non-voting applies to
>
>
>
> runoff primaries
>
> special elections
>
> special election primaries
>
> special election runoff primaries
>
>
>
> given that at least one federal office is up in the election.
>
>
>
> Thanks,
>
>
>
> Carl
>
>
>
> --
>
> Dr. Carl Klarner
>
> Klarnerpolitics.org
>
> Former Associate Professor of Political Science Academic & Consultant 
> Carl.Klarner at gmail.com
>
> Cell: 812-514-9060
>
> _______________________________________________
>
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>
> Law-election at department-lists.uci.edu
>
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--
Dr. Carl Klarner
Klarnerpolitics.org
Former Associate Professor of Political Science Academic & Consultant Carl.Klarner at gmail.com
Cell: 812-514-9060