PILF Scores Early Court Victories in Florida Voter Roll Cleanup Suit

Court Recognizes Value in Calculating Voter Roll Bloat Rates

(MIAMI, FL.) – July 13, 2017: The Public Interest Legal Foundation (PILF) today released a statement applauding several decisions related to a legal challenge over Broward County, Florida’s bloated voter registration records (ACRU v. Snipes).

The United States District Court in the Southern District of Florida weighed a number of matters related to proper voter list maintenance procedures; the validity of voter roll research methodologies; acceptable expert witness testimony; and others when largely denying Broward County and the SEIU United Healthcare Workers Local 1199’s joint requests for summary judgment.

“The Court offered a number of common-sense rulings in the face of Broward County’s claims that voter rolls are regularly scrubbed of outdated and ineligible records,” PILF Communications Director Logan Churchwell said. “The Court recognized that despite the County’s assurances to the contrary, one cannot dismiss the fact that Broward has more registered voters than resident citizens.”

Below is a summary of observations made by the Court to deny motions for summary judgment and prohibit certain plaintiff experts.

The Court recognized the value in studying voter registration totals against U.S. Census data.

“The Court does not agree with Snipes and United that outcomes bear no significance whatsoever when it comes to determining whether an election official has met her duties under a statute through which one of Congress’ stated purposes is to ‘ensure that accurate and current voter registration rolls are maintained’.”

“Ultimately, taking ACRU’s evidence as true, the voter registration rates extrapolated from Broward County’s voter rolls at the very least create a reasonable inference that Snipes, despite all of the stated list maintenance efforts she has undertaken, has failed to meet the reasonableness requirement under subsection (a)(4) of Section 8.”

The Court found that simply claiming to send mailings to relocating voters does not immunize registrars from scrutiny. 

“[T]his Court holds that although an election official’s particular [National Change of Address] process for identifying and removing voters who have changed their residence is “permissible under the NVRA” … such a process does not necessarily demonstrate full satisfaction of all the duties owed by that election official…”

The Court granted entry to two plaintiff experts, despite the defendants’ extensive efforts to exclude them from further proceedings.

Former Colorado Secretary of State Scott Gessler will “opine on industry practices he is familiar with, what he perceives as deficiencies in [Broward County Supervisor of Elections Office’s] list maintenance program, and how he believes such deficiencies can be remedied.”

Center for Immigration Studies Director of Research Dr. Steven Camarota will testify on the rates of voter registration for Broward County that exceed 100 percent of the eligible population.

A separate court recently recognized the value in voter registration calculations to pinpoint bloated jurisdictions like in Wake County, North Carolina, where a PILF client, Voter Integrity Project-NC, successfully defeated a dismissal motion on similar grounds.

The Broward County matter is expected to proceed to a trial in the United States District Court for the Southern District of Florida at the Wilkie D. Ferguson United States Courthouse later in July. Dates will be announced upon release.

A copy of the ruling, entered on July 12, 2017 has been made available, 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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Comment on J. Christian Adams’ Appointment to Trump Voting Commission

(WASHINGTON, D.C.) – July 10, 2017: The Public Interest Legal Foundation (PILF) today offered comment on the Trump Administration’s decision to appoint PILF President J. Christian Adams to the Presidential Advisory Commission on Election Integrity.

“J. Christian Adams brings years of experience in protecting the rights of legitimate voters both inside and out of government to this Commission,” PILF Communications Director Logan Churchwell said. “Adams has successfully litigated against discriminatory voting districts, intimidation, jurisdictions failing to offer foreign language ballots, and counties with bloated voter rolls.

“Adams also brings deep experience in successfully dislodging voter data from states and locales that refused to disclose public records—most recently in the Commonwealth of Virginia,” Churchwell added.

Under J. Christian Adams’ leadership, the Public Interest Legal Foundation achieved the following in 2017:

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 Praises Eric Dreiband Nomination

Demonstrates Commitment to Rule of Law at Civil Rights Division

(WASHINGTON, D.C.) – June 29, 2017: The Public Interest Legal Foundation (PILF) today praised President Donald Trump’s selection of Eric Dreiband to run the U.S. Justice Department’s Civil Rights Division as Assistant Attorney General.

“Eric Dreiband is the right pick to return the Civil Rights Division to a tradition of enforcing the law free from politics,” PILF President and General Counsel J. Christian Adams said. “He is the right person to renew the Division’s commitment to the Rule of Law – protecting the rights of all Americans. Further, the DOJ should again enforce laws requiring clean voter rolls and clean elections.

“The Division will hopefully return to enforcing all voting laws,” Adams added. “For too long, partisan interests drove civil rights enforcement. Refusal to hold states accountable for voter roll maintenance duties has generated fraud, confusion, and suspicion in our elections. The Voting Rights Act was designed to correct historic wrongs and confront future threats. Unfortunately, the Voting Rights Act was only enforced by the Obama Justice Department if it helped Democrat Party interests. This law must be enforced to protect all Americans.

“Mr. Dreiband will inherit a Division that has seen multiple federal courts scold lawyers for misconduct or bringing abusive cases. The American people expect Justice Department lawyers to tell the truth, follow the law, and protect civil rights rather than infringe them. For the last eight years, misconduct of every sort has affected Civil Rights Division enforcement.” 

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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Settlement Reached in Wake County NC Voter Roll Cleanup Lawsuit

(RALEIGH, NC.) – June 27, 2017: The Public Interest Legal Foundation (PILF) today released a statement announcing a settlement agreement for a federal lawsuit to clean voter rolls in Wake County, North Carolina (Voter Integrity Project NC v. Wake County BOE).

After nearly a year of litigation, the Wake County Board of Elections (WCBOE) voted on June 5 to adopt a settlement agreement with PILF client the Voter Integrity Project NC that PILF believes will serve to improve the county’s voter rolls in the years ahead.

In sum, the parties agreed to the following:

“We are sincerely pleased with the resolution of this matter,” PILF President and General Counsel J. Christian Adams said. “We are pleased that Wake County has agreed to investigate ways to more quickly identify voter record flaws that risk polling place confusion and absentee ballot irregularities alike. The public should expect verifiable improvements to the local voter registration system in the years ahead. Other counties in North Carolina should take note that requests for public information and obligations to maintain clean rolls must be met.  In the future, election officials across North Carolina should take seriously their obligation to comply with all provisions in the National Voter Registration Act.”

In February 2017, Senior U.S. District Judge W. Earl Britt ruled in favor of plaintiff VIP-NC on a case dismissal discussion, finding that the methodology used to determine voter roll bloat was “reasonable”:

Considering VIP-NC’s allegation that the number of registered voters in Wake County has exceeded, and continues to exceed, the number of eligible voters, which allegation is in turn supported by reliable data and WBOE’s failure to use available jury excuse information, a reasonable inference can be drawn that WCBOE is not making a reasonable effort to conduct a voter list maintenance program in accordance with the NVRA.

The Public Interest Legal Foundation filed a lawsuit on behalf of VIP-NC in July 2016 after the organization demonstrated how Wake County’s voter registration list surpassed the total number of eligible voting-age citizens, according to the U.S. Census.

PILF’s client, the Voter Integrity Project, sent public information requests and notice of violation letters to multiple North Carolina counties. This settlement affects only Wake County.

A copy of the settlement agreement, signed by W. Ellis Boyle, Chair of the Wake County Board of Elections, on June 15, 2017 has been made available, 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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Public Interest Legal Offers Voter Registration ‘Best Practices’ Guide for Election Officials

(INDIANAPOLIS, IN.) – June 21, 2017: The Public Interest Legal Foundation (PILF) today announced the publication of Best Practices for Achieving Integrity in Voter Registration, a report dedicated to offering state and local governments expert guidance on cutting-edge strategies and techniques in maintaining voter rolls for an increasingly mobile electorate.

PILF relied upon experts in election administration and previous experience in state and federal election oversight to collaborate in composing the report.

“This report is our attempt to disseminate lessons learned in voter roll maintenance, encouraging state and local officials to re-assess their current procedures where needed,” PILF President and General Counsel J. Christian Adams said. “Too many take for granted the idea that all jurisdictions’ voter records are properly and uniformly cared for. This broad-scoped study will encourage improvement nationwide.”

Best Practices argues that in the quarter century since President Bill Clinton signed his first law, the National Voter Registration Act (NVRA), “chronic inaccuracy and [a] lack of integrity in the voter rolls” has become the “most significant problem facing America’s electoral process.” The authors highlight how fossilized federal standards locked administrators into a system of voter roll maintenance via First Class Mail—giving little allowance for adoption of contemporary technologies. Worse, the core mechanics of NVRA, commonly known as “Motor Voter”, did not overtly anticipate the ever-increasing access of legally and illegally-present aliens to social service transactions where voter registration could improperly occur.

The authors offer the following general reforms, outlined in greater detail in the report:

The Best Practices report follows President Donald J. Trump’s Executive Order on the Establishment of Presidential Advisory Commission on Election Integrity. PILF intends to contribute to the body’s future studies by offering these findings and suggestions in the near future.

“Voter registration reform is the next big debate in our elections,” Adams added. “Current law and procedures do not adequately reflect our increasingly mobile society. Congress did not anticipate in the 1990s that states like California and Maryland would offer Motor Voter transactions to illegally present noncitizens. ‘Best Practices’ helps local officials strike a balance between integrity and access with an eye always toward innovation.”

The primary authors for Best Practices are:

You can access Best Practices for Achieving Integrity in Voter Registration, 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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J. Christian Adams Commends Comey Testimony

(ALEXANDRIA, VA.) – June 8, 2017: The Public Interest Legal Foundation (PILF) today issued a statement in response to portions of former FBI Director James Comey’s Senate Intelligence Committee testimony.

“I commend former Director Comey’s forthright comments putting to rest questions surrounding whether Russian actors modified votes cast in 2016,” PILF President and General Counsel J. Christian Adams said. “Too many have carelessly used language to stoke concerns that ‘the Russians hacked the election’ to cynically question the validity of vote tallies for political ends. Real concerns about the foreign influence of our election system are closer to home and are illegally registered to vote.”

 

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: 5500+ Noncitizens Discovered on Voter Rolls in Virginia

One Third of Noncitizens Found Voted Illegally

(ALEXANDRIA, VA.) – May 30, 2017: The Public Interest Legal Foundation (PILF) today released Alien Invasion II, a sequel to the original Alien Invasion alien voting report originally circulated in 2016.

After three lawsuits, scores of record requests, and reviews voter history files across 133 Virginia jurisdictions, the Public Interest Legal Foundation has uncovered the following:

“At the instruction of Governor McAuliffe’s political appointees, local election officials spent countless resources to prevent this information from spilling into the open,” PILF President and General Counsel J. Christian Adams said. “Virginia hid critical information that would have improved election integrity while a political operative-turned-governor vetoed numerous proposals that would’ve prevented alien registration and voting. From NoVa to Norfolk and all urban and rural points in between, alien voters are casting ballots with practically no legal consequences in response.

“In this election year, aliens must not cast illegal ballots, and if they do they must be prosecuted. Let’s pray that Gov. McAuliffe’s veto pen did not invite a close election tainted by fraud,” Adams added.

In the absence of regular data-sharing arrangements between federal officials and the Commonwealth, the ability of election officials to identify aliens on the voter rolls is almost nonexistent. The most that happens in Virginia is that an alien on the voter rolls will sometimes tell the state DMV they are not a citizen. Without those leads, counties and municipalities must accept false claims of citizenship on their face.

Finding the 5,556 voters removed as noncitizens was not easy. As the 2017 Alien Invasion II details, only eight (8) locales in the Commonwealth originally complied with PILF’s records requests that informed the original Alien Invasion study released in 2016. Some officials disclosed to PILF investigators that political appointees loyal to Governor Terry McAuliffe (D) gave guidance that prohibited the disclosure of the alien voters in question, citing the federal Drivers Privacy Protection Act (DPPA). In October 2016, PILF was forced to sue the City of Manassas and Chesterfield County to dislodge information. After a federal judge predictably ruled that the DPPA did not permit election records to be concealed, jurisdictions began submitting documents as originally requested.

After jurisdictions across Virginia finally turned over their illegal voter lists, PILF partnered with the Virginia Voters Alliance to study the rates of participation among the aliens.

Public Interest Legal Foundation’s research efforts did not occur in a vacuum. Repeatedly, Governor McAuliffe thwarted legislative reforms that would improve the integrity of Virginia’s voter registration and voting systems–some of which were inspired by PILF’s 2016 report. The 2017 edition outlines some lowlights:

The 2016 edition previously found more than 1,000 registered voters removed for non-citizenship reasons. Of that dataset, nearly 200 ballots were cast during their respective periods on the rolls.

Access to Alien Invasion II: The Sequel to the Discovery and Cover-up of Non-citizen Registration and Voting in Virginia has been made available, 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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Alien Invasion II by Public Interest Legal Foundation on Scribd

Public Interest Legal Response to North Carolina Voter ID Case

(ALEXANDRIA, VA.) – May 15, 2017: The Public Interest Legal Foundation (PILF) today issued a statement in response to the U.S. Supreme Court’s decision to not hear the North Carolina voter identification reform package case.

“North Carolina voters are the real losers in today’s Supreme Court decision to not take up the voter ID case,” PILF President and General Counsel J. Christian Adams said. “While the Court noted that internal politics after the election imperiled the case, the fact remains that hundreds of examples of fraud were confirmed by North Carolina officials in 2016, many of which could have been prevented by the ID package. Tar Heel voters, and the people representing them, can launch a new voter ID reform effort today.”

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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Public Interest Legal Praises Trump EO on Voter Fraud

(INDIANAPOLIS, IN.) – May 11, 2017: The Public Interest Legal Foundation (PILF) today issued a statement in response to President Trump’s executive order establishing a “Presidential Advisory Commission on Election Integrity”.

“This order is a step in the right direction in response to widespread concern about failures in our election systems that can lead to fraud and other irregularities,” PILF Communications Director Logan Churchwell said. “The issues of faulty voter registration procedures and record maintenance are ripe for review. Perennial questions surrounding the actual scope of ineligible voters and their rates of participation can only be answered when federal offices share information.”

Recent Cases of Voter Fraud Uncovered since 2016

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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J. Christian Adams Statement on Next FBI Director

(ALEXANDRIA, VA.) – May 10, 2017: The Public Interest Legal Foundation (PILF) today issued a statement in response to the firing of FBI Director James Comey.

“During eight years of the Obama Administration, it was the wild west for voter fraud,” PILF President and General Counsel J. Christian Adams said. “The FBI and DOJ failed to prosecute federal felony after federal felony. The next FBI director shouldn’t be afraid to investigate and recommend prosecution for violating our nation’s laws against voter fraud. Because of inaction for eight years, our rolls are now full of non-citizens and people registered and voting in multiple states.”

Some Recent Cases with Federal Jurisdiction Not Pursued under Comey

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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