Common Cause Indiana v. Sullivan, No. 20-2816 (7th Cir. 2021)Annotate this Case
Indiana’s Act 442 allowed election officials to remove a voter from the state’s voter rolls automatically (without directly contacting the person) based on information acquired through a third-party database, “Crosscheck,” which provided the voter lists of multiple states. The Seventh Circuit concluded that Act 442 was preempted by the National Voter Registration Act (NVRA), 52 U.S.C. 20507(d), which requires hearing directly from that voter or providing notice to the voter that he would be removed from the rolls if he did not respond and failed to vote in the next two federal general elections.
Indiana replaced Act 442 with Act 334, ending Indiana’s participation in Crosscheck in favor of the Indiana Data Enhancement Association, which is functionally identical to Crosscheck. The Act makes county officials responsible for deciding whether to remove a name, deleting Act 442’s requirement that county officials automatically remove the voter from the rolls. Act 334 instructs county officials to determine: whether a presumptive match in another state “is the same individual who is a registered voter of the county”; whether the registration in another state occurred after the presumptively matching Indiana registration; and whether the voter “authorized the cancellation of any previous registration” when the voter registered in the second state.
The Seventh Circuit held that Act 334 is also preempted; it renders inapplicable the rule that a voter must personally authorize the cancellation of her registration before the county official may take that step.