H.R. 1 (2021) Policy Breakdown

PILF to PA House: Commonwealth Must Be Transparent, Disclose Facts About Foreigners Registering and Voting

(Alexandria, VA) – April 15, 2021: Today, Public Interest Legal Foundation (PILF) President J. Christian Adams testified before the Pennsylvania House State Government Committee on stakeholder election integrity.

In prepared remarks, Adams noted that this month PILF reached a settlement with the Pennsylvania Secretary of State to remove over 20,000 dead registrants from the voter rolls.

“This month, my Foundation settled a federal lawsuit with our legal expenses paid by the Pennsylvania Department of State. The Commonwealth carried at least 20,000 dead registrants on the rolls going into the 2020 General Election and we weren’t seeing reasonable efforts made under federal law to fix the problem. The concluding agreement requires the DOS to incorporate data from the Social Security Death Index in its list-matching procedures to identify outdated records, just as my Foundation had done in October 2020 as the basis for the case.”

Adams argued that the commonwealth still has severe issues with its voter rolls including a 20-year-old glitch in the motor voter registration system that registered non-citizens. PILF has sued the commonwealth to disclose records relating to this glitch. The DOS has hidden the records from the public and the General Assembly.

“I regret to remind this Committee that the Commonwealth is still separately locked in federal litigation with my Foundation to disclose records detailing Pennsylvania’s longstanding glitches in the PennDOT motor voter registration system. Members of this Committee will likely recall how this system made national headlines after acknowledging that it exposed untold numbers of foreign national driver’s license customers to the voting system since the 1990s.”

He discussed that the state has fought disclosing records relating to these unlawful registrations.

“For more than three years, election officials in Harrisburg have committed considerable public resources to fight transparency on this issue. But here’s the rub: the only thing more appalling than the resistance is the legal fallout felt among the true victims—the foreign nationals.”

In conclusion, Adams argued that the Commonwealth must commit to full transparency to ensure Pennsylvanians can trust their election process.

“The Commonwealth simply can’t acknowledge a decades-old flaw and then spend more years fighting to keep the granular facts out of the public domain. Election integrity policies alone do not instill public confidence and tamp down misinformation or hysteria. Our election officials’ behavior also plays a serious role. Secrecy in election administration is wholly antithetical to our American Republic.”

Public Interest Legal Foundation (PILF) is a 501(c)(3) is the nation’s only public interest law firm dedicated wholly to election integrity. The Foundation exists to assist states and others to aid the cause of election integrity and fight against lawlessness in American elections. Drawing on numerous experts in the field, PILF seeks to protect the right to vote and preserve the Constitutional framework of American elections. PILF has brought lawsuits and won victories in Texas, Mississippi, North Carolina, Virginia, Maryland, Pennsylvania, Michigan, and across the United States.

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PILF to Rhode Island House: Voter ID Increases Confidence, Accuracy of Voter Rolls

(Alexandria, VA) – April 12, 2021: Public Interest Legal Foundation (PILF) President J. Christian Adams testified before the Rhode Island House State Government and Election Committee regarding HB 6099, a bill that would institute voter ID requirements to register to vote.

In prepared remarks, Adams notes that:

“When it comes to election administration and legal compliance, seemingly unrelated actions can have downstream effects on other aspects of our elections. H.B. 6099 offers a textbook example of how any improvement in one element in the system can create efficiencies in another. The bill’s voter ID-for-voter registration requirement may appear as just yet another example of the increasingly popular election integrity practice—but the downstream effects would continue to pay dividends with respect to broader administration concerns.”

Adams argues that lack of personal identifying information (PII) leads to negative effects on the voter rolls including not being able to positively identify and remove dead registrants.

“I’ve seen first-hand how lacking PII in significant portions of the voter roll can have a negative, down-stream effect on record quality. As I mentioned, my Foundation settled a federal lawsuit with our legal expenses paid by the Pennsylvania Department of State. The Commonwealth carried at least 21,000 dead registrants on the rolls going into the 2020 General Election and we weren’t seeing reasonable official efforts made under federal law to mitigate the problem. We eventually learned that their lack of PII in many instances directly contributed to their not being able to positively identify and remove dead registrants—so they sat—often for decades.”

Adams notes that according to the Public Interest Legal Foundation’s research Rhode Island leads the nation in percentage of registered voters with no PII.

“According to our research, Rhode Island actually leads the nation with respect to percentage of voter roll without PII – at 20 percent. One out of every five.”

In conclusion, Adams argues that voter ID requirements for registration will increase voter confidence and in the long term increase the accuracy of Rhode Island’s voter rolls.

“H.B. 6099’s voter ID requirement in registration will pay off in the short- and long-term for the better of all. Voters can act with confidence that their systems are operating with bona fide participants. Registration officials will have more reliable data to maintain their records in a timely manner. On a broader scale, plans like 6099 help to tamp down fears and disinformation shared among any groups unhappy with a particular election outcome.”

Public Interest Legal Foundation (PILF) is a 501(c)(3) is the nation’s only public interest law firm dedicated wholly to election integrity. The Foundation exists to assist states and others to aid the cause of election integrity and fight against lawlessness in American elections. Drawing on numerous experts in the field, PILF seeks to protect the right to vote and preserve the Constitutional framework of American elections. PILF has brought lawsuits and won victories in Texas, Mississippi, North Carolina, Virginia, Maryland, Pennsylvania, Michigan, and across the United States.

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Lawsuit to Remove Dead Voters in Pennsylvania Ends with Win for Election Integrity

Settlement Secures Removing over 20,000 Deceased Registrants from PA Voter Rolls

(Harrisburg, PA.) – April 7, 2021: The Public Interest Legal Foundation (PILF) reached a settlement with the Pennsylvania Department of State to remove deceased voters from Pennsylvania’s voter rolls.

Prior to the initiation of the lawsuit, the Foundation provided the Commonwealth with the names of at least 21,000 deceased registrants who remained on the voter rolls less than a month before the pivotal 2020 election. PILF’s data revealed that 9,212 of these deceased registrants had been dead for at least five years, 1,990 had been dead for at least ten years, and 197 had been dead for at least twenty years.  In addition, hundreds of these registrants showed post-death voting credits for the 2016 and/or 2018 elections.

Following a briefing and a statement of interest by the U.S. Department of Justice in support of PILF’s position on key allegations in the case, the parties ultimately reached a voluntary settlement, which was finalized last week.  PILF sought and Pennsylvania agreed to compare its full voter registration database against the Cumulative Social Security Death Index in order to identify dead voters.  Pennsylvania then agreed to direct all county election commissions to remove the names of dead voters. 

The terms of the settlement also included an agreement to pay a portion of PILF’s attorneys fees.

“This marks an important victory for the integrity of elections in Pennsylvania” PILF President and General Counsel J. Christian Adams said. “The Commonwealth’s failure to remove deceased registrants created a vast opportunity for voter fraud and abuse. It is important to not have dead voters active on the rolls for 5, 10, or even 20 years. This settlement fixes that.”

The case was originally filed in the United States District Court for the Middle District of Pennsylvania (No. 1:20-cv-01905).  PILF was represented by Bradley J. Schlozman, John Eastman, and Linda A. Kerns.

Settlement Terms Summary

-Before the 2021 statewide general election, the death data set received from the Electronic Registration Information Center will be compared to the full voter registration database to identify individuals who are ineligible to vote due to their death.

-The Pennsylvania Department of State will give each county commission the names of the individuals identified as deceased and inform the commissions that they should promptly cancel the registrations.

-The Department of State will provide PILF with copies of the full voter export at three-month intervals on three separate occasions—May 30, 2021, August 31, 2021 and November 30, 2021.  

Public Interest Legal Foundation (PILF) is a 501(c)(3) is the nation’s only public interest law firm dedicated wholly to election integrity. The Foundation exists to assist states and others to aid the cause of election integrity and fight against lawlessness in American elections. Drawing on numerous experts in the field, PILF seeks to protect the right to vote and preserve the Constitutional framework of American elections. PILF has brought lawsuits and won victories in Texas, Mississippi, North Carolina, Virginia, Maryland, Pennsylvania, Michigan, and across the United States.

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REPORT: Urban Texas Counties Used $36 Million in ZuckBucks in 2020 Election

(Alexandria, VA) – March 30, 2021: The Public Interest Legal Foundation (PILF) today released a research brief detailing the $36 million of private money spent in Texas during the 2020 election by the Center for Tech and Civil Life (CTCL) funded by Facebook’s Mark Zuckerberg. This private money started the process of turning Texas toward procedures outside of the normal statutory framework for running elections.

Texas counties were given money to help shift voting to the mail and away from traditional procedures in Texas law. The large blue leaning counties received huge sums to transform their elections while smaller red counties did not receive anything close. A break down of the $36 million by county is below.

ZuckBucks affected roughly 74 percent of Texas residents by total population with grants given to 115 counties. If Texas’ election was limited only to those counties receiving the private funds, Joe Biden would have bested Donald Trump by roughly 270,000 votes. In November 2020, Texas performed two kinds of elections. While the majority of counties (just 26% of state population) stuck to established/publicly budgeted procedures, the rest took Silicon Valley money in return for preferred administrative practices.

 “Private parties cannot be allowed to pay for preferred modes of elections in Texas or anywhere else,” said PILF President J. Christian Adams. “Election administration is the most fundamental function of local and state government and must be funded accordingly, full stop.”

Access the full research brief, here.

Public Interest Legal Foundation (PILF) is a 501(c)(3) public interest law firm dedicated to election integrity. The Foundation exists to assist states and others to aid the cause of election integrity and fight against lawlessness in American elections. Drawing on numerous experts in the field, PILF seeks to protect the right to vote and preserve the Constitutional framework of American elections.

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PILF Statement on President Biden Comparing Election Integrity Efforts to Jim Crow

(Alexandria, VA) – March 25, 2021: Today, President Biden called voter integrity efforts “un-American” and “sick.” He went on to say these efforts “make Jim Crow look like Jim Eagle.”

“Election integrity efforts being championed across the nation should be bipartisan,” said Public Interest Legal Foundation President J. Christian Adams. “The President’s portrayal of these efforts as somehow racist is dishonest. He disparages the millions of Americans who believe in safeguarding our elections. Free and fair elections benefit every citizen in the United States. To compare these reforms to Jim Crow not only lessens the severity of those laws and real racism, but also demeans minorities across the country. It is not credible to suggest that there were not severe problems in the 2020 election that need to be addressed. The President’s rhetoric on this is irresponsible.”

Public Interest Legal Foundation (PILF) is a 501(c)(3) public interest law firm dedicated to election integrity. The Foundation exists to assist states and others to aid the cause of election integrity and fight against lawlessness in American elections. Drawing on numerous experts in the field, PILF seeks to protect the right to vote and preserve the Constitutional framework of American elections.

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PILF Moves for Summary Judgment Against Maine SOS

(Augusta, ME) – March 24, 2021: The Public Interest Legal Foundation (PILF) filed a motion for summary judgment in its case against Maine Secretary of State Shenna Bellows for failing to disclose voter registration records under federal law. The motion asks the court to rule in its favor without holding a trial.

“Secretary Bellows and her office are concealing voter list maintenance records, violating federal law,” PILF President and General Counsel J. Christian Adams said. “The NVRA requires these records be available to the public for transparency in elections. Maine must follow federal law and disclose these records to the public for faith and trust in our elections.”  

Congress made all voter list maintenance records subject to public inspection so that election administration is transparent. That cannot happen in Maine because the Secretary is concealing her voter roll and maintenance from public inspection.

PILF initially requested copies of Maine’s statewide voter file and voting histories on October 17, 2019. The Secretary of State’s office notified PILF the same day that the request was denied, because the Foundation did not intend to leverage the data for electioneering purposes. The suit was eventually filed on February 19, 2020.

The Foundation seeks relief under Section 8 of the National Voter Registration Act of 1993, which requires officials to make voter list maintenance documents, including the voter roll itself, available for public inspection.

Other federal courts which have confronted the issue have sided in favor of disclosure of similar voter registration records.

The case was filed in the United States District Court for the District of Maine. The case number is 1:20-cv-00061. The attorneys for the Public Interest Legal Foundation are Noel H. Johnson and Kaylan L. Phillips. Portland-based Stephen C. Whiting serves as local counsel.

Public Interest Legal Foundation (PILF) is a 501(c)(3) public interest law firm dedicated to election integrity. The Foundation exists to assist states and others to aid the cause of election integrity and fight against lawlessness in American elections. Drawing on numerous experts in the field, PILF seeks to protect the right to vote and preserve the Constitutional framework of American elections.

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PILF to Connecticut General Assembly: Vote by Mail, Inaccurate Registration Lists Lead to Problems

(Alexandria, VA) – March 17, 2021: Public Interest Legal Foundation (PILF) President J. Christian Adams testified before the Connecticut General Assembly for Government Administration and Elections regarding absentee voting.

In prepared remarks, Adams notes that:

“In the aftermath of the 2020 Election, legislators must come to understand that the overall quality of an election experience relying heavily on mail balloting rests on the reliability of the voter registration lists. Vote by mail plus inaccurate registration lists equal problems.”

Adams points to issues in Connecticut voter registration list unearthed by the Public Interest Legal Foundation.

“We warned of flaws within the statewide voter registration list, namely: –12,000 registrants matching against a verifiable federal death record; and –470 examples of apparent duplication across state lines with voting credits in 2018.”

He, also, revealed new findings from Connecticut’s voter rolls from early 2021 that show duplicates registered to vote.

“We found 2,625 highly likely duplicate sets in the current file. Even more concerning are the duplicate vote credits assigned throughout this dataset, numbering at 77 instances for the 2020 General Election…If both versions of Mr. Adams are uniquely offered mail ballots, you begin to see how what seemed to be a clerical problem can mushroom into something far worse.”

In conclusion, Adams argues that Connecticut’s current absentee balloting system does not need to be reformed and that a move to mass mail balloting would result in more errors including lost ballots and more opportunities for fraud.

Mail ballots can disenfranchise voters because of errors and lost mail. The same cannot be said for in person voting. Connecticut policy does not need a substantial overhaul. Flaws in the voter rolls have traditionally been mitigated at the polling place. Existing absentee voting systems balance access, administrative costs, and procedural transparency.

WATCH HERE

https://youtube.com/watch?v=DCkyCeQxc3A%3Fstart%3D8113

Public Interest Legal Foundation (PILF) is a 501(c)(3) public interest law firm dedicated to election integrity. The Foundation exists to assist states and others to aid the cause of election integrity and fight against lawlessness in American elections. Drawing on numerous experts in the field, PILF seeks to protect the right to vote and preserve the Constitutional framework of American elections. ###

PILF Clients Demand End to Howard County, MD School Board’s Election Scheme that Lets Children Vote for School Board

Students in Catholic Schools Prohibited from Election Based in Violation of First Amendment, Complaint Also Alleges

(ALEXANDRIA, VA.) – March 16, 2021: The Public Interest Legal Foundation (PILF) filed a lawsuit against Howard County’s Board of Education alleging that its election and governance scheme allocating political power improperly to minors violates the 14th and 1st Amendments of the U.S. Constitution.

The lawsuit was filed on behalf of Lisa Kim and her son who is deprived of the opportunity to vote because he attends a religious school and William Holland an adult resident, registered voter, and taxpayer of Howard County and the parent of two public school students in the county.

“Howard County’s School Board’s election process is something out of the movie Election starring Reese Witherspoon as Tracy Flick rather than a real government election,” PILF President and General Counsel J. Christian Adams said. He added “Children in Howard County are given more political power over education policy than even voting adults.”

BACKGROUND

The Howard County Board of Education consist of 8 members. Eligible adult voters elect seven of the Board’s members. Two of the members are elected at large and the other 5 are elected by residential districts.  Adult voters have no say in the election of the board’s eighth member. This “student member” is elected only by students attending public schools from grades 6 through 11. The student member must live in the county and be a public school student in 11th or 12th grade. The election process of the student member is controlled by the board and school-district administrators and employees, presenting a clear conflict of interest since they are directly impacted by the Board’s actions.

CONSTITUTIONAL VIOLATIONS

With the creation of the student member elected solely by public students, the Board has given students greater representation than other eligible adult voters, violating the 14th Amendment’s Equal Protection Clause. The student member seat is malapportioned and has diluted the votes of all non-students in Howard County. Students enjoy four board members while an adult living next door to a student is only represented by three board members. The 14th Amendment is further violated by the two entirely different election standards and procedures, essentially giving employees of the school a seat on the board due to their control over the student member’s election.

Additionally, the law violates the First Amendment’s Free exercise clause by denying the right to vote to students in religious schools.

ADDITIONAL INFORMATION

The case was filed in the United States District Court for the District of Maryland Northern Division. The case number is No 1-21-cv-655. Counsel for the Public Interest Legal Foundation is J. Christian Adams and Maureen Riordan. Sykesville, Maryland-based Michael Smith serves as co-counsel.

Public Interest Legal Foundation (PILF) is a 501(c)(3) public interest law firm dedicated to election integrity. The Foundation exists to assist states and others to aid the cause of election integrity and fight against lawlessness in American elections. Drawing on numerous experts in the field, PILF seeks to protect the right to vote and preserve the Constitutional framework of American elections.

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Report: 92K Clark County NV Mail Ballots Went to Wrong Addresses in 2020 Presidential Election

Statewide Trump/Biden Vote Difference Was 33K

(LAS VEGAS, NV.) – March 10, 2021: The Public Interest Legal Foundation (PILF) today released a research brief detailing mail balloting return figures for Clark County, Nevada, during the 2020 General Election.

Clark County 2020 General Election data show that 92,367 mail ballots were returned undeliverable to wrong or outdated addresses, according to records disclosed to PILF. For a sense of scale, Former Vice President Joe Biden carried the whole of Nevada with a final lead of 33,596 votes.

Previous PILF reports showed that Clark County transmitted more than 223,000 mail ballots to wrong or outdated addresses during the spring primaries. A legislative change limited mass-mail balloting to only “active” registered voters for the fall elections.

Totals2020G2020P
Total Mail Ballots Transmitted1,277,8971,325,934
USPS Undeliverable92,367223,469
Active Undeliverables92,36793,585
Inactive Undeliverables129,884

Mass-mail balloting is a step backward for American elections,” PILF President and General Counsel Christian Adams said. “There are millions of voter registration records with unreliable ‘active’ address information that will ultimately send ballots to the wrong place in a mail election. H.R. 1 does more harm than good for the American people and will leave them at a constant disadvantage to correct election system errors which ultimately impact their abilities to vote in a timely manner.”

Access the full research brief, here.

The Public Interest Legal Foundation won the only injunction against a state in 2020 in stopping the acceptance of late ballots without postmarks. PILF is leading the nation in enforcing election integrity laws and the National Voter Registration Act, having brought cases in North Carolina, Pennsylvania, Michigan, Maryland, Florida, Mississippi, Texas, and Maine and filed amicus briefs in litigation across the nation.

Public Interest Legal Foundation (PILF) is a 501(c)(3) public interest law firm dedicated to election integrity. The Foundation exists to assist states and others to aid the cause of election integrity and fight against lawlessness in American elections. Drawing on numerous experts in the field, PILF seeks to protect the right to vote and preserve the Constitutional framework of American elections.

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PILF Statement on House Passing H.R. 1

(WASHINGTON, D.C.) – March 3, 2021: Today, the House passed H.R. 1 — a bill that claims to make our election systems more secure but does anything but. This extremely partisan bill will make our election system less secure, fraud more difficult to detect, and easier to commit. This bill must not pass the United States Senate. Otherwise, America will experience the 2020 election failures on steroids in 2022 and in all elections moving forward.

Some of the bills most egregious actions are listed below:

  • Forces states to implement early voting, automatic voter registration, same-day registration, online voter registration, and no-fault absentee balloting
  • Requires states to automatically register all individuals as opposed to “citizens” from state and federal databases
  • Mandates no-fault absentee ballots and bans witness signature requirements for absentee ballots
  • Force states to accept absentee ballots received up to 10 days after Election Day
  • Prevents election officials from checking the eligibility and qualifications of voters and from removing ineligible voters
  • Restores the ability of felons to vote
  • Transfers the right to draw congressional districts from state legislatures to “independent commissions”

President of the Public Interest Legal Foundation J. Christian Adams condemned the bill “as an attempt by the left to nationalize the worst election practices from 2020.” He said, “this is a recipe for voter fraud and corrupting voter rolls by requiring the automatic registration of all individuals resulting in illegals being registered to vote. This is sadly just one bad provision of many in this atrocious bill.”

He added, “instead of discouraging fraud, this bill encourages it. This is the exact opposite of what we need after 2020. The most fundamental right in a democracy is the right to vote and elect leaders. If Americans don’t have trust in their election systems, then our most basic freedom is in jeopardy. We must take actions so that Americans can trust their election systems and unfortunately this is far away from that. The Senate must not pass this bill.”

The Public Interest Legal Foundation won the only injunction against a state in 2020 in stopping the acceptance of late ballots without postmarks. PILF is leading the nation in enforcing election integrity laws and the National Voter Registration Act, having brought cases in North Carolina, Pennsylvania, Michigan, Maryland, Florida, Mississippi, Texas, and Maine and filed amicus briefs in litigation across the nation.

Public Interest Legal Foundation (PILF) is a 501(c)(3) public interest law firm dedicated to election integrity. The Foundation exists to assist states and others to aid the cause of election integrity and fight against lawlessness in American elections. Drawing on numerous experts in the field, PILF seeks to protect the right to vote and preserve the Constitutional framework of American elections.

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