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Karla Vanessa Arcia, et al.v.Florida Secretary Of State

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.12-15738
DecidedNovember 17, 2014
Reporter772 F.3d 1335 (11th Cir. 2014)
JudgesUnited States Court of Appeals for the Eleventh Circuit; Circuit Judges Beverly B. Martin and Adalberto Jordan; Circuit Judge Richard F. Suhrheinrich (Sixth Circuit) sitting by designation
Tags
CivilCivil RightsElection LawVoting RightsStatutory InterpretationStandingMootnessReversalRemandDissent
Case Summary

Florida used state and federal databases to identify suspected noncitizens and remove them from voter rolls within 90 days of federal elections. Two naturalized citizens were mistakenly identified, and voter-advocacy organizations diverted resources to assist members who might be removed. After the district court entered judgment for the Secretary, the Eleventh Circuit held that the individual and organizational plaintiffs had standing and that the dispute remained live under the capable-of-repetition-yet-evading-review exception. On the merits, it held that the NVRA’s 90 Day Provision barred Florida’s systematic removal program during the 90 days before a federal election; the statute’s exceptions did not include citizenship-based removals. The court expressly declined to decide whether Florida could conduct such removals outside that period. It reversed and remanded with instructions to declare that the Secretary’s challenged actions violated the 90 Day Provision and to grant any further relief required in the interests of justice. Judge Suhrheinrich dissented.

Opinion

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Karla Vanessa Arcia, et al. v. Florida Secretary Of State — The Atlanta Gleaner