United States Eighth Circuit

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US v. Missouri, 07-2322

In a suit brought by the government alleging Missouri was in violation of its obligations under the National Voter Registration Act of 1993 (NVRA), summary judgment for Missouri is reversed and remanded where: 1) the district court misunderstood the relevance of local election agencies' (LEAs) actions or inactions regarding Missouri's compliance with the NVRA; 2) although Missouri cannot be required to enforce the NVRA against LEAs, any lack of LEA compliance remains relevant to determining whether or not Missouri is reasonably "conduct[ing] a general program"; and 3) a remand was required to consider any lack of LEA compliance and to determine whether any such noncompliance rendered Missouri's effort to "conduct a general program" unreasonable in removing the names of ineligible voters. Evidentiary rulings regarding the indamissibility of survey statements are affirmed.

Appellate Information

  • Decided 07/29/2008
  • Published 07/29/2008


  • RILEY, Circuit Judge., Before RILEY, GRUENDER, and SHEPHERD, Circuit Judges.


  • United States Eighth Circuit


  • For Appellant:
  • Dirk C. Phillips, Dept. of Justice, Civil Rights Div., Washington, DC, argued (Wan J. Kim, Asst. Atty. Gen., Rena J. Comisac, Acting Asst. Atty. Gen., Asheesh Agarwal, Dept. Asst. Atty. Gen., Diana K. Flynn, Gregory B. Friel, Dept. of Justice, Civil Rights Div., on the brief), for appellant.

  • For Appellees:
  • James R. McAdams, Asst. Atty. Gen., Jefferson City, MO, argued (Jeremiah W. (Jay) Nixon, Atty. Gen., C. Gail Vasterling, Maureen C. Beekley, Kathleen R. Robertson, Asst. Attys. Gen., on the brief), for appellees.