Judicial Watch announced today that in June Kentucky mailed address confirmation notices to 250,000 voters who are believed to have moved, thanks to a consent judgment agreed to by the Commonwealth. These registrations are probably outdated and will be cancelled if the voters fail to vote in future elections or to confirm their current addresses.
The Judicial Watch victory in Kentucky is in addition to the Judicial Watch victory in California, where up to 1.6 million inactive names are set to be removed from voter registration rolls in Los Angeles County.
In the consent judgment, Kentucky acknowledges that the state is not in compliance with the National Voter Registration Act (NVRA): “[T]he practices currently in place in Kentucky do not comply with the NVRA’s requirement that states conduct a general voter registration list maintenance program that makes a reasonable effort to remove ineligible persons from the voter rolls due to a change in residence outside of the jurisdiction …”
The address confirmation notices were sent to about 7% of the names currently on Kentucky’s voter rolls.
As part of the consent judgment, the Kentucky State Board of Elections is to proceed with a canvass mailing “to identify registrants through mail returned as undeliverable who may have unreported moves since 2009.” Voters who do not respond to the notices sent by Kentucky and who do not vote in the next two federal elections must be removed from the voting rolls. Despite the consent judgment being signed a year ago, Democrat Kentucky Secretary of State Alison Lundergan Grimes’s office has been accused of improperly delaying the processing of previous mailings through 2018, delaying the final clean up of Kentucky’s voting rolls by at least two years.
The consent judgment results from a Judicial Watch lawsuit under the NVRA (Judicial Watch, Inc. and the United States of America v. Alison Lundergan Grimes, et al. (No. 3:17-cv-00094)). In June 2018, with Judicial Watch’s agreement, the Justice Department moved to intervene in the lawsuit against Kentucky. During the course of the litigation, the U.S. Supreme Court held in Husted that the removal of old voter registrations is mandatory under the NVRA, something the Kentucky State Board of Elections had failed to do.