Indiana Voter Purge Challenge

Consolidated case filed by voting rights groups challenging two iterations of an Indiana law that purged voters’ registrations without providing adequate written confirmation and notice procedures in violation of the National Voter Registration Act (NVRA). The district court enjoined, and the 7th U.S. Circuit Court of Appeals upheld, the state from implementing the first purge law, Senate Enrolled Act 442. Indiana then enacted a similar law, SEA 334, which was fundamentally the same as the prohibited law. The district court struck down the new law and the 7th Circuit affirmed, finding that “Just like Act 442, Act 334 impermissibly allows Indiana to cancel a voter’s registration without either direct communication from the voter or compliance with the NVRA’s notice-and-waiting procedures.” The case was remanded to the district court to address what constituted as direct communication with a voter about their change of address. The court issued a new permanent injunction barring Indiana officials from canceling any voter’s registration unless they have a request or confirmation in writing asking to cancel registration or the officials follow the proper notice and comment process outlined by the NVRA (notifying the voter, allowing adequate time for a response and then waiting for two general elections to see if the voter casts a ballot at the address listed on their registration).

Last updated: November 3, 2021 2:22 pm EST