327 F. Supp. 3d 1139
S.D. Ind.2018Background
- Common Cause Indiana sued to enjoin Indiana Senate Enrolled Act 442 (SEA 442), which amended Indiana Code § 3-7-38.2-5(d)–(e) to change how out-of-state registration matches (via the Crosscheck program) are handled.
- The NVRA requires states not to remove a registrant for change of residence unless the registrant confirms in writing or fails to respond to a mailed confirmation notice and does not vote during the next two federal general elections.
- Prior to SEA 442, Indiana law required counties, after identifying a possible out-of-state match, to determine whether (1) the records referred to the same person, (2) the out-of-state registration post-dated Indiana registration, and (3) the voter had authorized cancellation; absent authorization the county mailed a confirmation notice and followed NVRA notice-and-wait procedures.
- SEA 442 removed the requirement to determine whether the voter had authorized cancellation and eliminated the statutory duty to send an address-confirmation notice before cancelling registrations based on Crosscheck matches; HEA 1253 later codified use of discretionary “confidence factors.”
- Common Cause alleges SEA 442 violates the NVRA and will cause wrongful disenfranchisement; the Secretary of State and two election-division co-directors (who set statewide procedures and forward Crosscheck lists to counties) are defendants. The court granted Common Cause’s motion for a preliminary injunction prohibiting implementation of SEA 442.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether SEA 442 violates the NVRA by allowing cancellation of registrations based on Crosscheck matches without written confirmation or NVRA notice-and-wait protections | SEA 442 short-circuits NVRA: Crosscheck matches are third-party data, not written voter confirmation; statute removed required notice-and-wait and authorization inquiry, risking erroneous cancellations | Registering in another state or that state’s record constitutes written confirmation/request for removal; confidence factors and county review provide adequate safeguards | Held for Common Cause: SEA 442 likely violates NVRA; Crosscheck matches do not substitute for voter-written confirmation or required notice-and-wait protections |
| Whether Indiana’s process for list maintenance is uniform and nondiscriminatory under the NVRA | State guidance is insufficient; counties exercise divergent practices and co-directors give inconsistent instructions, producing nonuniform application | State provides training, manuals, and confidence-factor standards creating uniform process | Held for Common Cause: evidence suggests the regime will likely be nonuniform and therefore problematic under NVRA |
| Standing: whether Common Cause has organizational and member standing | Common Cause diverted limited resources to counter SEA 442 and faces imminent injury to members’ voting rights; diversion confers organizational standing | Alleged injuries are speculative, self-inflicted; cancellations are performed by counties and none yet occurred, so no traceable injury | Held for Common Cause: diversion-of-resources and imminent risk of disenfranchisement suffice for standing |
| Irreparable harm, balance of equities, and public interest for preliminary relief | Erroneous removal of registered voters is irreparable (loss of vote); organizational diversion is irreparable; injunction prevents disenfranchisement with little state harm | State will be harmed in list-maintenance and election integrity; fail-safe procedures prevent disenfranchisement so injunction unnecessary | Held for Common Cause: irreparable harm presumed for disenfranchisement; equities and public interest favor injunction |
Key Cases Cited
- Winter v. Natural Resources Defense Council, 555 U.S. 7 (establishes standard for preliminary injunction)
- Havens Realty Corp. v. Coleman, 455 U.S. 363 (diversion-of-resources can confer organizational standing)
- Crawford v. Marion County Election Bd., 472 F.3d 949 (Seventh Circuit recognition of organizational diversion standing)
- Grace Schools v. Burwell, 801 F.3d 788 (four-factor preliminary injunction framework cited)
- U.S. Student Ass'n Found. v. Land, 546 F.3d 373 (injunctions that prevent disenfranchisement may favor plaintiffs)
- League of Women Voters of U.S. v. Newby, 838 F.3d 1 (NVRA violation and irreparable-harm analysis)