Case Background

In 2016, after having notified Ohio Secretary of State Jon Husted that Ohio’s Supplemental Process violates the National Voter Registration Act of 1993 (NVRA), the public policy organization Dēmos and the ACLU of Ohio brought a lawsuit on behalf of the Ohio A. Philip Randolph Institute (APRI), the Northeast Ohio Coalition for the Homeless (NEOCH), and Ohio resident Larry Harmon, a Navy veteran who voted in 2008 but was purged under the Supplemental Process despite having remained at the same address and being fully eligible to vote.

The U.S. Court of Appeals for the Sixth Circuit struck down Ohio’s controversial purge of infrequent voters from its voter rolls in September 2016, finding that Ohio’s Supplemental Process violates the NVRA’s prohibition on removing voters from the rolls by reason of a voter’s failure to vote. The federal district court then entered an injunction covering the November 2016 Presidential Election that ultimately allowed more than 7,500 Ohioans to cast a ballot that was counted in that election. All of these people were eligible voters who would have been denied their right to vote under Ohio’s unlawful process had the injunction not been entered.

Secretary of State Jon Husted filed a petition for certiorari with the U.S. Supreme Court requesting the Court review and overturn the Sixth Circuit’s decision. In May, the Supreme Court granted the petition and will be hearing the case.

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