Arcia v. Detzner
908 F. Supp. 2d 1276
S.D. Fla.2012Background
- This matter concerns the Florida Secretary of State's program to identify and purge alleged non-citizens from Florida's voter rolls (the Program).
- Plaintiffs challenged the Program as violative of the NVRA and VRA, initially alleging broader rights violations.
- Initial list identified 180,000 potential non-citizens; a sample of 2,625 names was sent to county election officials.
- The Secretary relied on DHSMV data and later the SAVE database to verify immigration status; the program began April 2012 and was temporarily suspended April 30, 2012.
- A September 2012 stipulation narrowed the claims to a single NVRA 90-day removal provision issue; an October 1, 2012 evidentiary hearing preceded post-hearing orders.
- Plaintiffs moved for injunction/summary judgment; the Court later granted judgment for the Secretary after concluding the NVRA 90-day provision does not apply to removals of non-citizens.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 90-day NVRA provision applies to non-citizen removals. | Arda/Antoine asserted the 90-day period applies to all removals. | Detzner contends the 90-day provision does not apply to non-citizens removed under other grounds. | No; 90-day provision not applicable to non-citizen removals. |
| Whether the General Removal Provision and 90-day Provision govern removals of non-citizens. | The provisions collectively prohibit removals of non-citizens within 90 days. | Removal grounds under (a)(3) are limited; the 90-day provision is tied to changes in residence. | Removals of non-citizens fall outside (a)(3); only residence-change removals are within the 90-day window. |
| Whether subsection (b) confirmation of registration applies to the Program. | Counts rely on broader NVRA framework; subsections (a)(3)/(c) misapply. | Subsection (b) governs programs to maintain accurate voter rolls and applies here. | Subsection (b) governs; counts fail on the merits. |
Key Cases Cited
- Jones v. United States, 529 U.S. 848 (U.S. 2000) (avoid constitutional questions by choosing the alternative construction)
- In re Chapman, 166 U.S. 661 (U.S. 1897) (statutes should be construed sensibly to achieve legislative intent)
- United States v. Florida, 870 F. Supp. 2d 1346 (N.D. Fla. 2012) (NVRA provisions applied to non-citizens and voting accuracy)