Court orders the District of Columbia to disclose ERIC data reports on potentially deceased registrants.

(Alexandria, VA) – February 21, 2023: The United States District Court in the District of Columbia has issued an order requiring the District 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 the result of a settlement agreement between the Public Interest Legal Foundation (PILF) and the District of Columbia Board of Elections after the Court denied the District’s request to dismiss the case.

As part of ERIC’s membership agreement, states are not allowed to share certain ERIC data 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. 

The order marks the second time ERIC data reports have been ordered disclosed by a federal court. The first success in knocking down ERIC’s wall of secrecy in the voter list maintenance process was in the Foundation’s lawsuit against Alaska. These two victories nullified the agreement between ERIC and its member states which made those states immune to public scrutiny.

“This is another landmark victory to knock down ERIC’s wall of secrecy,” said PILF President J. Christian Adams. “ERIC’s attempt to put up a wall of secrecy in the voter list maintenance process violates federal law. Other ERIC member states should take notice that the public has a right to inspect ERIC records.”

PILF has two more ongoing lawsuits in Louisiana and Colorado 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 was the Foundation’s attorney in this case.

Access case documents for Public Interest Legal Foundation v. Monica Evans 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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