In the case of A. Philip Randolph Institute v. Husted, a panel of the United States Circuit Court for the Sixth Circuit held that the notice sent out by Ohio’s Secretary of State informing people who had not voted in prior elections did not adequately advise them of the consequences of failure to respond, as the National Voter Registration Act requires. The Secretary of State was instructed “to issue a directive to Ohio’s county boards of elections instructing them [to] comply with the APRI Exception procedures in the November 6, 2018 Federal Election.”
The APRI Exception require[s] Boards to count provisional ballots cast by voters purged under the Supplemental Process between 2011 and 2015 if the voter:
(1) cast the ballot at their county’s early voting location or at the correct polling location on Election Day;
(2) continues to reside in the same county where they were previously registered; and
(3) did not become ineligible by reason of felony conviction, mental incapacity, or death subsequent to the date on which their name was removed from the rolls.