What's at Stake
The American Civil Liberties Union filed a lawsuit on behalf of Common Cause Indiana challenging an Indiana law that permits local election authorities to immediately purge the registrations of Indiana voters – without written confirmation from the voter, notice, or any waiting period – based on a match in the Interstate Voter Registration Crosscheck Program (“Crosscheck”). Crosscheck, a program administered by the Kansas Secretary of State, Kris Kobach, is inaccurate and unreliable, utilizing a matching protocol that, according to a study by a team of researchers at Stanford, Harvard, the University of Pennsylvania, and Microsoft, incorrectly flags people as potential double voters more than 99 percent of the time.
The suit charges that Indiana’s purge procedures based on Crosscheck data violate the National Voter Registration Act, which mandates strict notice and waiting period requirements before a state may remove a voter based on changed residence and provides that voter roll maintenance programs be reasonable, uniform, and nondiscriminatory. The case was brought by the ACLU, the ACLU of Indiana, Demos, and Davis Wright Tremaine LLP.