In Husted v. A. Philip Randolph Institute, the Supreme Court will decide whether federal law allows state and local governments to remove people from the voter rolls if the state or local government sends them a confirmation notice after they haven’t voted for two years, don’t respond to the notice, and then don’t vote in the next four years. While Ohio is being sued in this case, 12 other states use a similar process. The State and Local Legal Center (SLLC) filed an amicus brief in this case supporting Ohio. The National Voter Registration Act (NVRA) says that roll maintenance procedures “shall not result in” people being removed from the polls for failure to vote. The Help America Vote Act modified the NVRA to say that states may remove voters if they don’t respond to a confirmation notice and don’t vote in the next two federal election cycles. The Sixth Circuit struck down Ohio’s scheme, reasoning that it “constitutes perhaps the plainest possible example of a process that ‘result[s] in’ removal of a voter from the rolls by reason of his or her failure to vote.” According to the lower court, the problem with Ohio’s scheme is that the “trigger” for someone being removed from the voter rolls is the person's failure to vote. Ohio argues that it doesn’t remove voters “’by reason of’ their failure to vote; it removes voters ‘by reason of’” their failure to respond to a notice. The state also claims that the NVRA doesn’t regulate what triggers the confirmation notice. The SLLC amicus brief points out that hundreds, if not thousands, of state and local governments are tasked with registering voters and maintaining voter rolls. Processes vary based on factors that include state law and resources; so state and local governments need clear direction and flexibility regarding what process they may use to maintain voter rolls. The brief points out that while in this case Ohio is being sued for the process it uses to take people off the rolls, state and local governments have been sued for keeping ineligible voters on the rolls. Joshua Davis of Reed Smith wrote the SLLC brief, which these organizations joined: National Conference of State Legislatures, Council of State Governments, National Association of Counties, National League of Cities, United States Conference of Mayors, International City/County Management Association, and International Municipal Lawyers Association.