Department of Homeland Security v. League of Women Voters · ¶19

The plaintiff organizations argue that the Federal Government will not suffer irreparable harm because federal law currently prohibits state and local election authorities from clearing their voter rolls in the weeks leading up to federal elections. The organizations point to the National Voter Registration Act (NVRA), 52 U. S. C. §20507(c)(2)(A), which provides that “[a] State shall complete, not later than 90 days prior to the date of a primary or general election for Federal office, any program the purpose of which is to systematically remove the names of ineligible voters from the official lists of eligible voters.” To be sure, that moratorium limits the potential impact of staying the District Court’s order in this case. Still, all agree that the order prevents the Federal Government from using the modified SAVE program to conduct individualized inquiries, which are permitted under…

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