OPINION & ORDER Plaintiff Common Cause/New York (“Common Cause”) brings this action against the New York State Board of Elections (“BOE”), its Co-Executive Directors, and its Commissioners seeking declaratory and injunctive relief to redress the State of New York’s alleged violations of the National Voter Registration Act of 1993 (the “NVRA”), 52 U.S.C. §20501 et seq.On November 17, 2017, Defendants moved to dismiss the complaint in this case. Dkt. No. 36. For the following reasons, Defendants’ motion is GRANTED in part and DENIED in part.I. BackgroundOn a Rule 12(b)(6) motion, a court must take the facts alleged in the complaint as true and draw all reasonable inferences in plaintiffs favor. See Gatt Commc’ns, Inc. v. PMC Assocs., LLC, 711 F.3d 68, 74 (2d Cir. 2013). The Court accordingly draws the following statement of facts from the complaint.A. The PartiesPlaintiff Common Cause is the New York chapter of the 501(c)(4) nonprofit Common Cause. Complaint 12. Common Cause represents itself as a “nonpartisan grassroots organization dedicated to upholding the core values of American democracy” that “has committed and continues to commit time and personnel to conducting voter registration, voter assistance, election protection, and to ensuring that eligible citizens remain registered to vote in New York State.” Complaint 12. Common Cause has “more than 800,000 members in 50 states plus the District of Columbia” and “more than 70,000 activists and members reside in New York State, which includes more than 25,000 activists and members in New York City.” Complaint 12.Plaintiff brings this action against various individuals in their official capacities as co-executive directors, co-chairs, and commissioners of the New York State Board of Elections. According to Plaintiff, the BOE is “the state entity responsible for overseeing voter registration and conducting elections in New York State,” while the Co-Executive Director Defendants are “the Co-Chief Elections Officials responsible for ensuring New York’s compliance with the NVRA.” Complaint 1 (citing N.Y. Elec. Law §3-102); id.
13-19.B. The National Voter Registration Act1This action arises out of New York State’s alleged violations of the National Voter Registration Act (“NVRA”). Plaintiff represents that the NVRA was adopted by Congress to increase the number of eligible citizens who register to vote and to ensure that accurate voter registration rolls were maintained. Complaint 2. Section 8 of the NVRA (“Section 8″) addresses the procedures a state must follow before it may remove an eligible voter from the official list of registered voters. Complaint 3; 52 U.S.C. §20507. In relevant part, Section 8 provides that a state may not remove a registered voter from the official list of registered voters based on the belief that a voter has changed residence unless (1) the voter confirms in writing that he or she has moved to a new jurisdiction or (2) the voter has failed to respond to a notice seeking confirmation that the voter continues to reside in the jurisdiction and the voter fails to vote in two consecutive general elections for federal office. Complaint 3; 52 U.S.C. §20507(d). New York is subject to the requirements of the NVRA. Complaint 39.C. New York Election LawPlaintiff alleges, and New York Election Law provides, that if mail sent to a voter is returned as undeliverable, or if the postal service receives notice that a voter has moved without leaving a forwarding address, the local board of elections sends a confirmation notice to the voter asking the voter whether he or she continues to reside in the jurisdiction. Complaint 4 (citing N.Y. Elec. Law §5-712(1)). As soon as a voter is sent a confirmation notice, he or she is moved to “inactive” status. Complaint 4 (citing N.Y. Elec. Law §§5-213(1), 5-712(5)). According to the amended complaint, voters may be moved to inactive status although they are still eligible to vote and although they have never moved. Complaint 32.When a voter is moved to “inactive” status, two consequences follow. First, an inactive voter’s name “will not appear in the official poll book at the voting precinct on Election Day.” Complaint 5. Plaintiff notes that New York is one of just two states that follow this practice. See Complaint 5 & Ex. C at 2. Instead, the only lists containing “inactive” voters are maintained separately by the BOE. See Complaint 34. Second, an “‘inactive’ voter will be unable to vote using a regular ballot” and will be given an affidavit ballot instead. Complaint
