DOJ Files 'Statement of Interest' in Illinois Case Concerning States’ Obligations Under the National Voter Registration Act
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Today, the Justice Department filed a Statement of Interest in Judicial Watch v. Illinois State Board of Elections, regarding the requirements under the National Voter Registration Act (NVRA) for states to make reasonable efforts to remove the names of ineligible voters and to make their voter registration list available for public inspection. The requirement for states to make a “reasonable effort” to clean their voter rolls means that the program should be effective in achieving the goals set out by Congress, and nothing less.
In a press release, the DOJ emphasized that these efforts must be effective to prevent fraud and ensure fair elections, citing the need for robust list maintenance programs.
“It is critical to remove ineligible voters from the registration rolls so that elections are conducted fairly, accurately, and without fraud,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division - “Under the NVRA, states have the responsibility to conduct a robust program of list maintenance. The Department of Justice will vigorously enforce those requirements to ensure compliance.”
The lawsuit, filed March 5, 2024 in the U.S. District Court for the Northern District of Illinois, alleges that Illinois failed to comply with the NVRA by not maintaining clean voter rolls and not providing required election-related records. The case argues that Illinois’ failure to maintain clean voter rolls, as evidenced by missing or incomplete data from numerous counties, undermines the integrity of elections.
This is part of Judicial Watch’s (JW) broader election integrity efforts, focusing on ensuring accurate voter rolls to prevent fraud and increase voter confidence. JW has a history of similar NVRA lawsuits, including successful actions in California, Ohio, and other states, to enforce voter roll maintenance.
KEY POINTS:
Allegations: The plaintiffs claim that Illinois violated the NVRA by failing to remove ineligible voters (e.g., those who died or moved) from its voter rolls, as required by Section 8 of the NVRA (52 U.S.C. § 20507). The complaint highlights that 23 Illinois counties, with nearly 1 million registered voters, reported removing only 100 registrations in a two-year period, and 66 of 108 jurisdictions either reported unusually low removals or failed to provide critical data to the Election Assistance Commission. This suggests non-compliance with NVRA mandates to maintain accurate voter rolls.
Relief Sought: The plaintiffs seek declaratory and injunctive relief to compel Illinois to implement a program to remove ineligible voters from its voter rolls, as mandated by federal law.
Court Ruling: On July 18, 2024, Judge Sara L. Ellis issued an opinion and order addressing the case. While the specific details of the ruling are not fully provided in the available information, it is noted that JW asked the court to reject Illinois’ motion to dismiss the lawsuit, indicating the case was moving forward at that stage.
Intervention: On April 2, 2024, the Illinois AFL-CIO and Illinois Federation of Teachers moved to intervene as defendants, arguing their members’ voting rights could be affected. The court granted their motion to intervene, finding their interests distinct from the State Board’s broader obligations to all Illinois voters.
Context: JW sent a notice to the Illinois State Board on August 4, 2023, requesting NVRA compliance. After no satisfactory response, JW followed by a notice of intent to sue on November 15, 2023, before filing the lawsuit on March 5, 2024.
Bill Bruch
Bill Bruch is the WA State GOP Election Integrity Committee Chairman (5th year), WAGOP Executive Board Member (5th Year), Skagit County GOP Chairman (9th year), Citizen Journalist, Blogger, Business Owner, 2020 WA State House Representative Candidate, Former Council Member, and WA State 2016 and 2024 RNC National Convention Delegate.