The Public Interest Legal Foundation (PILF) led a landmark hearing before the U.S. Court of Appeals for the Ninth Circuit in Honolulu, marking the first time the appellate court has ever convened in Hawaii to consider a case about voter roll transparency.
The case, Public Interest Legal Foundation v. Scott Nago, challenges Hawaii’s long-standing refusal to make its statewide voter list publicly available as required by federal law.
PILF argues that Hawaii’s restrictive policies directly violate the National Voter Registration Act of 1993 (NVRA) and the Help America Vote Act of 2002 (HAVA).
PILF’s attorney, Joe Nixon, argued in court that Hawaii’s chief election officer, Scott Nago, bears ultimate responsibility under federal law for maintaining and providing access to the statewide voter registration database. Nixon countered claims from Nago’s counsel who contended that county clerks, not the state’s chief election officer, should handle voter roll access.
PILF maintains that this interpretation is inconsistent with federal law, which makes state election officials and not local clerks accountable for ensuring that records are accurate, up to date, and publicly inspectable.
Nixon also noted that PILF plans to pursue additional federal actions to address ongoing transparency and compliance issues within Hawaii’s election system.
The hearing drew a packed courtroom, reflecting public concern that has persisted for nearly two decades over voter list transparency.
“Hawaii’s secrecy is illegal, and we intend to end it,” said J. Christian Adams, President of the Public Interest Legal Foundation. “Forty-six states and D.C. already follow the NVRA’s transparency requirements. It’s time Hawaii joined them.”
A ruling from the Ninth Circuit is expected in the coming months. PILF continues to advocate nationwide for states to follow the law, maintain accurate voter rolls, and ensure that the public can hold election officials accountable.
Learn more about the case here.
Watch the oral arguments in front of the court here.
For interviews or additional information, contact:
Douglas Blair | 503-956-9899 | dblair@publicinterestlegal.org