Date: June 11th, 2018 12:13 PM
Author: hairraiser incel
The dissent’s only other argument is that Ohio’s process
violates §20507(a)(4), which requires States to make a
“reasonable effort” to remove the names of ineligible voters
from the rolls. The dissent thinks that this provision
authorizes the federal courts to go beyond the restrictions
set out in subsections (b), (c), and (d) and to strike down
any state law that does not meet their own standard of
“reasonableness.” But see Brief for United States as
Amicus Curiae 28–29. The dissent contends that Ohio’s
system violates this supposed “reasonableness” requirement
primarily because it relies on the failure to mail back
the postcard sent to those who have not engaged in voter
activity for two years. Based on its own cobbled-together
statistics, post, at 12–13, and a feature of human nature of
which the dissent has apparently taken judicial notice
(i.e., “the human tendency not to send back cards received
in the mail,” post, at 13), the dissent argues that the failure to send back the card in question “has no tendency to reveal accurately whether the registered voter has
changed residences”; it is an “irrelevant factor” that
“shows nothing at all that is statutorily significant.” Post, at 13–14, 17.
Whatever the meaning of §20507(a)(4)’s reference to
reasonableness, the principal dissent’s argument fails
since it is the federal NVRA, not Ohio law, that attaches
importance to the failure to send back the card. See
§§20507(d)(1)(B)(i), (d)(2)(A). The dissenters may not
think that the failure to send back the card means anything,
but that was not Congress’s view. The NVRA plainly
reflects Congress’s judgment that the failure to send back
the card, coupled with the failure to vote during the period
covering the next two general federal elections, is significant evidence that the addressee has moved.
(http://www.autoadmit.com/thread.php?thread_id=3999001&forum_id=2#36223181)