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Judicial Watch • NVRA Lawsuits 3

NVRA Lawsuits 3

NVRA Lawsuits 3

Page 1: NVRA Lawsuits 3

Category:Election Integrity

Number of Pages:17

Date Created:March 21, 2014

Date Uploaded to the Library:March 24, 2014

Tags:eligible, Copies, maintenance, lists, Honorable, Voters, Registration, Election, voter, colorado, Secretary, State Department, board, Supreme Court, department, office, district, EPA, IRS, ICE, CIA

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Because orw above llw ltJ:wl 
March 24, 2014 
The District Columbia Board Elections Deborah Nfcl'iofs, Memer Stephen Danzansky, Member Devarieste Curry, Member Clifford Tatum, Executive Director 
441 4th Street, NW, Suite 250 North Washington, 20001 
Re: Violations Section the National Voter Registration Act, U.S.C.  1973gg-6 
Dear Members and Director the Board: write bring your attention violations Section the National Voter Registration Act ("NVRA") the District Columbia ("DC" the "District"). NVRA Section requires the District maintain accurate lists eligible voters for use conducting federal elections. you may know, Congress enacted Section the NVRA protect the integrity the electoral process. Allowing the names ineligible voters remain the voting rolls harms the integrity the electoral process and undermines voter confidence the legitimacy elections. the U.S. Supreme Court has stated, "[P]ublic confidence the integtity the electoral process has independent significance, because encourages citizen participation the democratic process. 
This letter serves statutory notice that Judicial Watch will bring lawsuit against your office you not take specific actions correct these violations Section within days. addition, this letter are asking you produce certain records which you arc required make available under Section 8(i) the NVRA.3 hope that litigation will not necessary enforce either these claims. 
Judicial Watch non-profit organization that seeks promote integrity, transparency, and accountability government and fidelity the rule law. part its mission, Judicial Watch committed the private enforcement the NVRA, and regularly commence and litigate NVRA lawsuits. settled NVRA lawsuit against the State Ohio just few weeks ago, and are currently litigating lawsuit against the State ofindiana over its failure the District ofColwnbia, responsibility coordinate statewide NVRA Section compliance lies with the 
Board Elections' Office. See U.S.C.  l973gg-10. Crawford al. Marion County Election Board, 553 181, 197 (2008). 

Members and Director the District Columbia Board Elections March 24, 2014 
maintain its voter rolls. Judicial Watch and True the Vote Husted, Civil Action No. 2:12-cv00792 (S.D. Oh.); Judicial Watch, al. King, Case No. 12-cv-00800 (S.D. Ind.). the top election officials DC, your responsibility under federal law coordinate DC's effort conduct program that reasonably ensures the lists eligible voters are accurate; The following information-expla:inshow detcrminedthat iS' vrofatiorr NVRA. Section and the. remedial steps must take comply with the. law. 	The NVRA Requires You Undertake Reasonable Efforts Maintain Accurate Lists Eligible Registered Voters 
Under Section the NVRA, required undertake uniform, nondiscriminatory voter registration list maintenance program that complies with the Voting Rights Act 1965.4 Specifically, Section requires the District make reasonable effort remove the names ineligible voters from the official lists eligible voters due (A) "the death the registrant" 
(B) change the residence the registrant" place outside the jurisdiction which she registered. Section also requires the District ensure noncitizens are not registered vote.6 
The list maintenance obligations Section the NVRA were elaborated upon the Help America Vote Act ("HA VA"), which requires the District "ensure that voter registration records the State are accurate and updated regularly" and tmdertake "system file maintenance that makes reasonable effort remove registrants who are ineligible vote from the official list eligible voters."7 HAVA also requires the District coordinate its computerized statewide voter registration list its agency death records.8 Finally, RAVA requires the District remove convicted felons from the voter rolls felons cannot vote under state law.9 the chief election officials for DC, you are required both lead and conduct all voter list mruntenance efforts the District.10 
Programs remove the names ineligible voters from the official lists eligible voters must completed days prior primary general election.11 This year's general election November 2014, your "systematic" list maintenance activities must completed u.s.c.  l973gg-6(b)(l). U.S.C.  1973gg-6(a)(4). U.S. Florida, 870 Supp. 1346, 1351 (N.D. Fla. L2) ("For noncitizens, the state's duty maintain 
accurate voting list state can and should ... block noncitizen from registering the iirst place").
... U.S.C.  15483(a)(4) and 15483(a)(4)(A). U.S.C.  15483(a)(2)(A)(ii)(ll). U.S.C.  15483(a)(2)(A)(ii) and (ii)(!). 
U.S. Mi.vsouri, 535 F.3d 844, 850-851 (8th Cir. 2008). U.S.C.  1973gg-6(c)(2)(A). 
425 Third St., SW, Suite 800, Washington, 20024 Tel: (202) 646-5172 1-888-593-8442 .FAX: (202) 646-5199 Email: 
Members. and Director the District Columbia Board Elections March 24, 2014 Pagel 
August 2014, while your routine list maintenance activities should continue through the day the election.12 Not Maintaining Accurate Eligible Voter Lists 
Based orr our review 20HJ and 20?2 data from the U.S Census Bureau and the U.S. Election Commission C'EAC'i), comply with the v.oter. tegistration.list maintenance requirements Section the NVRA. SpecificaJly, review Census data and EAC data shows there were more people registered vote than there were adults over the age living there 2010, and of2012, which the most recent data available. Yow failure maintain accurate, up-to-date voter registration lists has created the risk that future elections will lack the integrity required the NVRA, and will therefore unde1mine public confidence the electoral process. Failure Comply with NVRA Subjects You Lawsuits and Financial Costs passing the NVRA, Congress authorized private right action enforce the provisions the NVRA, including Section Accordingly, Judicial Watch and others may bring lawsuit against you under the NVRA you faiJ coITect these violations within days your receipt this lctter.13 You are receiving this letter because you are the designated chief election official(s) for the District under the NVRA. 
Congress also authorized awards attorney's fees, including litigation expenses and 
costs, the prevailing party.14 Consequently, initiate lawsuit under the NVRA and the 
court finds you violation, you will responsible for paying our attorneys' fees, costs, and 
litigation expenses. voidig Litigation order avoid litigation, hope you will promptly initiate efforts comply with Section that lawsuit will necessary. ask you please respond this letter writing later than days from today informing the compliance steps you are taking. Specifically, ask you to: (1) conduct implement systematic, uniform, nondiscriminatory program remove from the list eligible voters the names persons who have become ineligible vote reason change residence; (2) complete this program less than days prior the November election; (3) conduct implement additional routine measures remove from the list eligible voters the names persons who have become ineligible vote reason death, change residence, disqualifying criminal conviction, and remove noncitizens who have registered vote unlawfully. U.S. Florida, 870 Supp. 1346, 1350 (N.D. Fla. 2012). u.s.c.  1973gg-9(b)(2). U.S.C.  1973gg9(c). 
425 Third SL, SW, Suite 800, Washington, 20024  Tl: (202) 646-5172 1-888-593-8442 FAX: (202) 646-5199  Email: 

Members and Director the District Columbia Board Elections March 24, 2014 
When you respond this letter, please identify all the steps you are taking plan take detail, and advise the results those efforts the target implementation date for each activity program you. will undertaking. you plan begin talcing new. steps ill 2fr-14 comply with your obligations, please outline them your response, providing specific dates for completion each actiVity. order avoid litigation, may seek certain reasonable assurancesc that will affinnativdy 'tmdenake the"stetm' outlined, up-to and including. the exe.cuti