The Public Interest Legal Foundation (PILF) has filed a petition asking the U.S. Supreme Court to review Public Interest Legal Foundation v. Jocelyn Benson, a landmark case challenging Michigan’s ongoing failure to remove tens of thousands of deceased registrants from its voter rolls as required by the National Voter Registration Act (NVRA).
PILF’s independent analysis of Michigan’s voter registration data identified more than 27,000 likely deceased individuals still registered to vote including some who have been dead for decades. The Foundation’s findings were consistent with state audits showing similar problems, yet Michigan’s Secretary of State, Jocelyn Benson, has repeatedly declined to investigate or release records explaining how the state maintains its voter rolls.
“Michigan’s refusal to act on overwhelming evidence of deceased registrants violates federal law,” said Kaylan Phillips, the Counsel of Record on the case. “The NVRA requires states to make efforts that keep the rolls accurate.”
In its petition, PILF argues that the Sixth Circuit erred by treating Michigan’s limited list-maintenance program as “reasonable” despite evidence that the system’s design virtually guarantees that thousands of deceased voters remain on the rolls. The Foundation also asks the Court to resolve a growing split among federal circuits over whether citizens and watchdog organizations have standing to sue when denied access to voter roll records under the NVRA’s Public Disclosure provision.
The petition follows PILF’s growing body of research into voter roll accuracy across multiple states.
Earlier this year, the Foundation sent detailed data findings to Maine Secretary of State Shenna Bellows, identifying more than 18,000 apparently deceased registrants through cross-matching state voter rolls with the Social Security Death Index and obituary databases. PILF’s researchers used similar verification methods in Michigan, demonstrating that improved technology and full use of death-matching tools can significantly reduce errors in voter registration systems.
“Michigan has access to data, but isn’t using it effectively,” said J. Christian Adams, President of PILF. “Other states are adopting modern list-maintenance tools to identify duplicate and deceased voters quickly. Michigan should as well.”
PILF’s petition asks the Supreme Court to clarify what a “reasonable effort” under the NVRA actually means and whether voters have the right to hold election officials accountable when that standard is ignored. The Foundation warns that without clear federal guidance, states can claim compliance while leaving tens of thousands of ineligible names on the rolls indefinitely.
To read the full petition, click here.
For interviews or additional information, contact:
Douglas Blair | 503-956-9899 | dblair@publicinterestlegal.org