Other states should take notice that the Electronic Registration Information Center reports are voter list maintenance documents that the public has a right to inspect.
(Alexandria, VA) – September 20, 2023: The United States District Court in Alaska has issued an order requiring Alaska to disclose ERIC data reports concerning potentially deceased registrants on the state’s voter roll, including deaths that have occurred within the last three years.
The order is significant because it is the first time ERIC data reports have been ordered disclosed by a federal court. It nullifies the agreement between ERIC and other states that made those states immune to public scrutiny. As part of ERIC’s membership agreement, states are not allowed to share ERIC reports with the public. This secrecy violates the National Voter Registration Act of 1993 (NVRA), which gives the public a right to inspect voter rolls and voter list maintenance documents. This is the first success in knocking down ERIC’s wall of secrecy in the voter list maintenance process.
“This is a landmark victory to knock down ERIC’s wall of secrecy,” said PILF President J. Christian Adams. “I want to thank the Alaska Attorney General, Treg Taylor, for his commitment to transparent elections. All other ERIC member states should take notice that the public has a right to inspect ERIC records.”
Recently, Alabama, Florida, Iowa, Louisiana, Missouri, Ohio, West Virginia, Virginia, and Texas have left ERIC. The officials have cited concerns of partisanship and refusal by the ERIC board to pass meaningful reforms that would increase transparency.
PILF has three ongoing lawsuits in Louisiana, Colorado, and the District of Columbia to obtain ERIC reports and to affirm the public’s federal right to inspect information used to decide who is and who is not eligible to vote.
Noel Johnson is the Foundation’s attorney in this case.
Access case documents for Public Interest Legal Foundation v. Nancy Dahlstrom 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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