(Alexandria, VA) – September 24, 2024: The Public Interest Legal Foundation (PILF) won access to the South Carolina voter roll in federal court. The Foundation’s lawsuit alleged that the South Carolina Election Commission’s refusal to provide a copy of the statewide voter roll violated the National Voter Registration Act of 1993 (NVRA).
BACKGROUND
In February of 2024, the Foundation requested a copy of the statewide voter roll. The South Carolina Elections Commission refused to provide a copy of the voter roll to the Foundation because South Carolina law prohibits out-of-state residents or organizations from purchasing the voter roll.
LEGAL ARGUMENTS
The NVRA’s Public Disclosure Provision requires that states “maintain for at least 2 years and shall make available for public inspection…all records concerning the implementation of programs and activities, conducted for the purpose of ensuring the accuracy and currency of official lists of eligible voters.” Under this provision, the public has a right to inspect a state’s voter roll.
South Carolina violated the NVRA’s requirements to provide a statewide voter roll for public inspection. Further, South Carolina law restricting who can access the voter roll violated the NVRA’s Public Disclosure Provision and is preempted by the Supremacy Clause and the Elections Clause of the U.S. Constitution.
“It is now settled law that voter rolls are public records,” said PILF President, J. Christian Adams. “PILF has now fought this fight and won it in court in four states. This lawsuit will bring transparency to South Carolina’s 2024 elections.”
Previously, the Foundation has fought and won access to the voter roll in Maine, Maryland, and Illinois. Earlier this year, the First Circuit Court of Appeals unanimously sided with the Foundation that Maine Secretary of State Shenna Bellows had to hand over the state’s voter rolls without use restrictions. These cases have established precedent that under the NVRA voter rolls are public records.
Additionally, the Foundation has an active case against Hawaii for failing to maintain and provide a statewide voter roll for public inspection.
J. Christian Adams, Joseph Nixon, Maureen Riordan, and Noel Johnson were the Foundation’s attorneys in this case.
Access case documents for Public Interest Legal Foundation v. Howard M. Knapp here. A fact sheet on the case is available here.
Public Interest Legal Foundation (PILF) 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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For media inquiries, please reach out to Lbowman@publicinterestlegal.org