Rep. Bryan Steil Questions Low Standards for Voter Roll Maintenance

Voter Roll Maintenance Standards

• 🎯 The NVRA requires states to conduct a "general program with reasonable effort" for voter roll maintenance.
• ⚖️ Courts have interpreted "reasonable effort" as a very low standard, effectively meaning states get a "participation trophy" for making any attempt.
• 💡 In some litigated cases, courts have stated that removing just one deceased voter from the rolls satisfies a state's obligations under Section 8 of the NVRA.

NVRA and Enforcement Challenges

• 📜 The NVRA reads like a negligence statute, but the Help America Vote Act (HAVA) imposes strict liability for voter roll problems.
• 🚫 A significant issue is that only the Attorney General has the right to bring a lawsuit under HAVA, as there is no private right of action.
• 🏛️ The NVRA does not explicitly cover non-citizens, meaning cases to remove them cannot be brought under this act, though Congress could amend it.

State-Level Inaction and Oversight

• 📊 Evidence suggests that some states, like Illinois, provide no proof of voter roll maintenance, with the DOJ (under the Trump administration) being the entity to bring such claims.
• ⚠️ Without a proactive administration or a specific entity with standing, states are unlikely to address their own voter roll issues.
• ⏳ The NVRA's reliance on outdated technology from 1993, like the postal service, creates statutory hurdles for removing voters who have moved.

Public Access to Voter Rolls

• 🔍 The NVRA was designed to allow the public to audit state list maintenance activities, with access available in every state covered by the act.
• 🚧 However, states impose restrictions, such as delaying disclosure, charging excessive fees, and putting up other barriers, which hinders public oversight of list maintenance.