A. Philip Randolph Institute v. Husted, No. 18-3984 (6th Cir. 2018)Annotate this Case
Plaintiffs challenged the validity of Ohio’s confirmation notices under the National Voter Registration Act (NVRA), 52 U.S.C 20507(b)(2). The district court denied plaintiffs a permanent injunction, except as regards a requirement that Ohio continue to use a confirmation notice with information for voters moving out of state on how to remain eligible to vote. Plaintiffs moved to enjoin Ohio, pending appeal, to implement the APRI Exception in the November 2018 election and not to remove any voter by the Supplemental Process if the voter was sent a confirmation notice before 2016. The APRI Exception requires Boards to count provisional ballots cast by voters purged under the Supplemental Process in 2011-2015 if the voter: cast the ballot at their early voting location or at the correct polling location on Election Day; continues to reside in the county where they were previously registered; and did not become ineligible by reason of felony conviction, mental incapacity, or death after the date on which their name was removed. The Sixth Circuit granted an emergency injunction pending appeal, requiring the implementation of the APRI Exception. Plaintiffs have a reasonable likelihood of success on the merits of their claim that the confirmation notice did not adequately advise registrants of the consequences of failure to respond, as the NVRA requires. The court denied an injunction that Ohio not delete any voters from the rolls under the Supplemental Process if the confirmation notice was sent before 2016.