BACKGROUND ON THE CASE:


The complaint was filed on behalf of Colorado Common Cause, Mi Familia Vota and Service Employees International Union (SEIU) contending that, in an action not required by any Colorado law, the Secretary of State has removed tens of thousands of voters from the official voter rolls. The move was a violation of the National Voting Rights Act (NVRA), which bans systematic removal of voters from the rolls within 90 days of a federal election except for narrowly specified reasons. Civic groups brought substantial evidence that during the NVRA's 90-day no-purge period, defendant Secretary of State actually removed approximately 30,000 voters' registration records from Colorado's voting rolls, in addition to the 1,892 whose removal may have been permitted under the NVRA because of death, incarceration for a felony or withdrawal.

Several thousand eligible voters have also been removed from the voter registration list due to a Colorado law that requires cancellation of new registrations when a non-forwardable notice sent by mail to the voter is returned as undeliverable within 20 days of receipt of the registration application. A similar law in Michigan was recently found by the U.S. District Court to be in violation the NVRA and unenforceable.

The plaintiffs were represented by the Advancement Project; Brennan Center for Justice; Debevoise & Plimpton, LLP Altshuler Berzon, LLP; Fair Elections Legal Network and Richardson Rosenblatt & Associates, LLC.