Is Florida Barred From Removing Non-Citizens From Voter Rolls?

As discussed in this blog, Florida’s attempt to remove what may be thousands of non-citizens from voter rolls has generated controversy, with allegations of partisan motives being made on all sides. Putting aside the partisan arguments, Florida’s efforts might also violate federal law. Under the National Voter Registration Act of 1993, states are prohibited from engaging in a program to “systematically remove ineligible voters” within 90 days prior to a federal primary or general election. There are exceptions to the 90 day rule (removing dead people and felons), but the exceptions don’t appear to include removal based on non- citizenship. Since a federal primary is set in Florida on August 14, the effort to remove non-citizens from the rolls is clearly within the 90 day window. On May 24th several groups put the Florida Secretary of State on notice of the potential violation of law in this letter. If Florida is barred from removing non-citizens from the voter rolls, expect a large number of voter challenges on election day. READ THIS UPDATE.

Thomas D. Shults, Esq.

About Thomas D. Shults, Esq.

Tom Shults is the senior litigator in the law firm of Kirk-Pinkerton P.A. He represents clients in a range of matters including election law issues,complex business and commercial disputes and probate and trust suits. Mr. Shults is a Board Certified Civil Trial Lawyer. Board certification is the highest level of evaluation by The Florida Bar of competency and experience within a specific area of law. Mr. Shults also holds the highest peer rating possible (AV) from the independent attorney rating agency, Martindale Hubbell. He was recently appointed chair of the Code and Rules of Evidence Committee of the Florida Bar and is a recipient of the Distinguished Community Service Award of the Sarasota County Bar Association. He is an Army veteran and was admitted to the Bar in 1983.
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