United States Student Ass'n Foundation v. Land

546 F.3d 373, 2008 U.S. App. LEXIS 26028, 2008 WL 4736710
CourtCourt of Appeals for the Sixth Circuit
DecidedOctober 29, 2008
Docket08-2352
StatusPublished
Cited by27 cases

This text of 546 F.3d 373 (United States Student Ass'n Foundation v. Land) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States Student Ass'n Foundation v. Land, 546 F.3d 373, 2008 U.S. App. LEXIS 26028, 2008 WL 4736710 (6th Cir. 2008).

Opinions

MOORE, J., delivered the opinion of the court, in which WHITE, J., joined. VINSON, D.J. (pp. 389-84), delivered a separate dissenting opinion.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Defendants-Appellants, Michigan Secretary of State Terri Lynn Land (“the Secretary”) and Director of Elections Christopher M. Thomas (“the Director”) (collectively, “defendants”), bring this [376]*376emergency motion to stay a preliminary injunction that the district court issued in favor of plaintiffs-appellees, the United States Student Association Foundation, the ACLU Fund of Michigan, and the ACLU of Michigan (collectively, “plaintiffs”). This preliminary injunction orders defendants to refrain from rejecting a voter’s registration when that voter’s identification card (“voter ID card”) is returned to election officials as undeliverable and to reinstate the registration of all voters whose registrations have been rejected pursuant to this practice since January 1, 2006. We grant the defendants’ motion for expedited review and we DENY defendants’ motion for a stay, leaving in place the district court’s preliminary injunction. We direct the clerk to establish an expedited briefing schedule for the defendants’ appeal of the preliminary injunction ordered by the district court.

I. BACKGROUND

This case raises the question of whether Michigan’s procedures applying to voters whose ID cards are returned to the state as undeliverable violate the National Voter Registration Act of 1993 (“NVRA”), 42 U.S.C. § 1973gg et seq. Currently, when a voter’s ID card is returned as undeliverable, defendants change that individual’s status from “active” to “rejected,” meaning that the individual’s name will not appear on local precinct lists on election day. See Defs.’ Mot. for Stay, Ex. B, Attach. 3 at 3 (Dep’t of State, Voter Registration Housekeeping Reminders); Pis.’ Resp. to Mot. for Stay, Ex. 5 at 1-21 (Voter Registration Module). On October 13, 2008, the district court issued a preliminary injunction enjoining this practice and ordering defendants to reinstate the active status of all individuals removed pursuant to this policy since January 1, 2006, unless the rejection was warranted for some other lawful reason.

Section 8 of the NVRA provides requirements that states must follow in the administration of voter registration. First, state election officials must “ensure that any eligible applicant is registered to vote in an election” whenever a valid voter registration form is postmarked or received by the appropriate state official no later than 30 days before the date of the election. 42 U.S.C. § 1973gg-6(a)(l). The appropriate state election official must then “send notice to each applicant of the disposition of the application.” 42 U.S.C. § 1973gg-6(a)(2). A registrant’s name may not be removed from the official list of eligible voters except at the registrant’s request, due to criminal conviction or mental incapacity as provided by state law, the death of the registrant, or due to a change of the registrant’s residence. 42 U.S.C. § 1973gg-6(a)(3)-(4). Removal by reason of change of residence, however, may be conducted only in accordance with specific requirements set forth in subsections (b), (c), and (d) of section 8 of the NVRA. Specifically, § 8(d) provides the circumstances under which a state may remove a name from voting rolls:

1) A State shall not remove the name of a registrant from the official list of eligible voters in elections for Federal office on the ground that the registrant has changed residence unless the registrant—
(A) confirms in writing that the registrant has changed residence to a place outside the registrar’s jurisdiction in which the registrant is registered; or
(B)(i) has failed to respond to a notice described in paragraph (2); and
(ii) has not voted or appeared to vote (and, if necessary, correct the registrar’s record of the registrant’s [377]*377address) in an election during the period beginning on the date of the notice and ending on the day after the date of the second general election for Federal office that occurs after the date of the notice.

42 U.S.C. § 1973gg-6(d).

In Michigan, the NVRA has been implemented through the Michigan Election Law. Michigan sets four requirements that an individual must meet by the time of the next election in order to be “entitled to be registered as an elector”: “The person shall be a citizen of the United States; not less than 18 years of age; a resident of the state for not less than 30 days; and a resident of the township, city, or village on or before the thirtieth day before the next regular or special election or primary election.” Mich. Comp. Laws § 168.492. Since the 1998 election cycle, Michigan has employed a statewide voter registration database, the Qualified Voter File (“QVF”), which is maintained by the Secretary of State. Mich. Comp. Law § 168.509o; see also Defs.’ Resp. in Opp. to Mot. for Prelim. Inj. at 22-23. The QVF allows local election officials throughout the state to access the voter registration database and to add, change, or delete records contained in the QVF. Mich. Comp. Laws § 168.509p. Once the proper local clerk receives and reviews an application and determines that the applicant is qualified as an elector, that clerk enters the voter’s information into the QVF. See Pis.’ Resp. to Mot. for Stay, Ex. 5 at 1-5 (Voter Registration Module). Individuals entered into this database can be identified with different status labels. “Active” is the default label which allows an individual to vote without further action or verification. See Defs.’ Mot. for Stay at 5-6. Individual entries can also be marked as “rejected” or “cancelled,” and names bearing these labels will not appear on the lists of voters distributed to polling places on election days. Pis.’ Resp. to Mot. for Stay, Ex. 5 at 1-21 (Voter Registration Module); Defs.’ Mot. for Stay, Ex. B. ¶ 9 (Thomas Aff.). Entries can also be marked as “verify” or “challenged,” and individuals labeled as such will appear on precinct voter lists, but will be required to provide further information before casting a ballot. See Pis.’ Resp. to Mot. for Stay, Ex. 5 at 1-21 (Voter Registration Module).

When a local clerk enters a new voter’s registration information into the QVF, that voter will be marked as “active,” and is therefore deemed qualified to vote. Id. After entering a new voter into the QVF, the local clerk will mail that individual an “original” voter ID card. Mich. Comp. Laws §§ 168.499(3), 168.500c. “[I]f the ‘original’ voter identification card is not returned to the clerk’s office, its receipt is presumed and an applicant becomes a registered voter in the State of Michigan.” Defs.’ Mot. for Stay at 5-6; see also Mich. Comp. Laws §§ 168.499(3), 168.500c.

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United States Student Ass'n Foundation v. Land
546 F.3d 373 (Sixth Circuit, 2008)

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Bluebook (online)
546 F.3d 373, 2008 U.S. App. LEXIS 26028, 2008 WL 4736710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-student-assn-foundation-v-land-ca6-2008.