Gary Kalman
Ohio PIRG
A new survey of state laws and election officials shows that, on the eve of the 2008 general election, nineteen states do not have laws, regulations or systems in place to properly implement a federally mandated 90-day pre-Election Day ban on systemic voter list purges. The survey, Vanishing Voters, was conducted during the summer of 2008 by the Ohio PIRG Education Fund.
“In a close election, this is a potentially outcome changing problem,” said Gary Kalman, Director of Ohio PIRG’s Federal Policy Office. “Almost half the voters in the country, including voters in the battleground states of Colorado, Ohio and Nevada, live in states where the rules are not enforced.”
The report notes that voters who are improperly dropped from the rolls are entitled to fill out provisional ballots on Election Day. However, in 2004 approximately 850,000 provisional ballots were not counted. The problem of provisional ballots could be reduced if voter rolls were properly maintained.
The study also found:
The survey included a review of relevant state laws and interviews with each Secretary of State’s office or other state office responsible for handling elections.
“Removing a legal voter from the rolls is a suspension of that voter’s civil liberties,” said Kalman. “The 90-day window for voter roll purges and notification requirements in the NVRA are essential safeguards that states must enforce in order to protect the rights of their citizens, ensure the legitimacy of elections, and encourage citizen participation.”
The report made several recommendations. Among the most important: