Federal Court Green Lights Removal of Non-Citizens, With Conditions

 On June 28th, Federal District Judge Robert Hinkle entered his written order restating his ruling from the bench the day before.  Judge Hinkle held that the National Voter Registration Act of 1993 (NVRA) does not prohibit the removal of persons from the voting rolls within 90 days of a federal election who were never eligible to register in the first place; 

[W]hat Congress had in mind when it drafted these sections was removing a person on grounds that typically arise after an initial proper registration…What matters here is this: none of this applies to removing noncitizens who were not properly registered in the first place… the NVRA does not require a state to allow a noncitizen to vote just because the state did not catch the error more than 90 days in advance.

 Judge Hinkle  described his concerns with the inaccuracy of the list of non-citizens previously used by Florida, but suggested that if the list was improved and more reliable, there would be no impediment to Florida under the NVRA from continuing to remove non-citizens from the voter rolls. 


Thomas D. Shults, Esq.

About Thomas D. Shults, Esq.

Tom Shults is a Florida Bar Board Certified Civil Trial Lawyer. He has represented clients in election and sunshine law issues, complex business and commercial disputes and probate and trust suits. He was admitted to the Florida Bar in 1983 and has maintained an active trial practice in state and federal courts for over 35 years. Mr. Shults successfully represented the Sarasota Alliance for Fair Elections in Sarasota Alliance for Fair Elections et al. v. Browning et al. , where the Florida Supreme Court ruled on the constitutionality of Sarasota County’s charter election law amendments. Mr. Shults has served on the Professional Ethics Committee of The Florida Bar and is the past Chairman of the Code and Rules of Evidence Committee of The Florida Bar. He is a recipient of the Distinguished Community Service Award of the Sarasota County Bar Association for his work with the Sarasota Mental Health Community Centers. In 2013 he was nominated for circuit court judge by the 12th Circuit Judicial Nominating Committee. Mr. Shults has served on the faculty of the Kessler-Eidson Program for Trial Techniques at Emory University School of Law and on the faculty of the National Institute for Trial Advocacy Program for Practicing Lawyers at Nova Southeastern University School of Law. Mr. Shults grew up in St. Petersburg, Florida and is a graduate of St. Petersburg High School (1973), Florida State University (B.S. 1977) and Washburn University School of Law (J.D. cum laude 1982). He is veteran of the United States Army.
This entry was posted in Florida Voting Issues, Litigation Updates, News, Voter fraud, Voter registration and tagged , , , , , , , , , , , , , . Bookmark the permalink.