Election Law Live
The Public Interest Legal Foundation has agreed to settle its federal lawsuit against the Clarke County Election Commission under terms that will require the Commission to start removing ineligible voters from its voter rolls prior to the 2016 Presidential election.
PILF’s press release can be found here.
The text of the consent decree entered by the court can be found here.
Kansas has taken the lead in addressing the problem of non-citizen voter registration by requiring all registrants to provide documentary proof of citizenship within 90 days of registering. Two Kansas residents challenged this commonsense safeguard in court, contending that federal law prevents Kansas from requiring that they prove their citizenship.
In response to the lawsuit, Kansas went ahead and simply verified the plaintiffs’ citizenship on their behalf. Voila! They are now registered to vote.
Realizing that their case is now moot, the lawyers for the plaintiffs have asked the court for permission to represent the entire class of Kansas residents who have failed to prove their citizenship, an estimated 36,000 people. The court has yet to rule on the request.
Voting by non-citizens is a real problem. Public Interest Legal filed a friend-of-the-court brief on behalf of Kansas, alerting the court to numerous incidents around the country where non-citizens have successfully registered to vote and cast ballots. The brief asks the court to uphold Kansas’s proof of citizenship requirement as a reasonable approach to fixing the problem of non-citizen voting.
Noxubee County Has Persistently Corrupted Rolls and History of Fraud
(Alexandria, VA) – November 9
The Public Interest Legal Foundation has filed a lawsuit in federal court against the Noxubee County Election Commission in Mississippi because it has more voters on the rolls than living citizens. The lawsuit alleges a violation of Section 8 of the National Voter Registration Act (NVRA) in that the Noxubee County Election Commission failed to reasonably maintain voter rolls.
Noxubee County for years has had more registered voters on the rolls than people alive. The complaint states: “Noxubee County, Mississippi had 9,271 registered voters, despite having a voting age population of only 8,245 according to the United States Census. Thus, more than 110 percent of living citizens old enough to vote are registered to vote in Noxubee County in 2015.”
The plaintiff in the case is the American Civil Rights Union. The plaintiff originally sent the defendant a notice letter in June 2014 describing potential violations of federal election law, asking to review election records, and seeking a cure. The defendant never replied to the letter.
Corrupted voter rolls in Noxubee County are not simply a recent phenomenon. During the 2010 federal general election, “about 113 percent of living citizens eligible to vote in Noxubee County were registered to vote,” the complaint alleges. The trend continued in 2012 and 2014.
The United States District Court in Mississippi previously found systemic and widespread voter fraud in Noxubee County elections.
“Corrupted voter rolls provide the perfect environment for voter fraud. Failure to clean the rolls aggravates longstanding problems of voter fraud in Noxubee,” said Joseph Vanderhulst, Counsel with the Public Interest Legal Foundation. “Mississippians should not have to wonder if their legitimate vote was cancelled by a vote cast by an illegitimate vote in Noxubee County next year.”
This enforcement action is the second case in the Public Interest Legal Foundation’s efforts to clean corrupted voter rolls around the nation ahead of the 2016 Presidential election. The Obama Justice Department has shut down enforcement of Section 8 of the NVRA and thus allowed voters rolls to contain millions of ineligible voters.
The Public Interest Legal Foundation (PILF), (formerly Act Right Legal Foundation), is a 501(c)(3) public interest law firm dedicated to election integrity. PILF exists to assist states and others to aid the cause of election integrity and fight against lawlessness in American elections. Drawing on numerous experts in the field, PILF seeks to protect the right to vote and preserve the Constitutional framework of American elections. Media inquiries: firstname.lastname@example.org.
For a PDF of this press release click here.
For a PDF of the complaint click here.