Colon-Marrero v. Garcia-Velez

LIPEZ, Circuit Judge.

We revisit in this case whether federal law forbids Puerto Rico from removing individuals from its active voter registry for the office of Resident Commissioner— the only federal elective position in Puerto Rico — based solely on their failure to vote in one general election. In 2012, in an interlocutory appeal brought just weeks before Election Day, the panel majority held that the National Voter Registration Act (“NVRA”) does not apply to Puerto Rico and thus does not supersede the Commonwealth’s voter deactivation procedures. See Colón-Marrero v. Conty-Pérez, 703 F.3d…