Colon-Marrero v. Garcia-Velez

In 2012, Plaintiffs brought this action arguing that they were unlawfully removed from the Commonwealth’s active voter registry for having failed to vote in the 2008 election for Resident Commissioner. On interlocutory appeal, the First Circuit held that the Help America Vote Act (HAVA) bars Puerto Rico from removing voters from the registry for the office of Resident Commissioners unless they fail to participate in the preceding two general federal elections. On remand, the district court found in favor of Plaintiffs and issued injunctive and declaratory relief from removing otherwise eligible voters from the active election registry unless HAVA's requirements are met. The First Circuit affirmed, holding (1) the National Voter Registration Act does not apply to Puerto Rico and thus does not supersede the Commonwealth’s voter deactivation procedures; (2) HAVA invalidates the deactivation procedures of Article 6.021 of Puerto Rico Act No. 2011 insofar as it applies to voter eligibility for federal elections; and (3) Plaintiffs may bring a private cause of action seeking relief under HAVA pursuant to 42 U.S.C. 1983. View "Colon-Marrero v. Garcia-Velez" on Justia Law