The Public Interest Legal Foundation (PILF) has filed a federal lawsuit against Arizona Secretary of State Adrian Fontes for refusing to provide records related to voter roll maintenance, in violation of the National Voter Registration Act of 1993 (NVRA).
The case centers on Arizona’s refusal to disclose “Deceased Retraction Reports” it receives through the Electronic Registration Information Center (ERIC). These reports identify voters who were wrongly flagged as deceased in prior ERIC data. The NVRA requires states to both maintain and publicly disclose records “concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of official lists of eligible voters”
“ERIC’s Retraction Reports concern the very heart of list maintenance—preventing eligible voters from being wrongly purged,” the complaint explains. “By refusing to maintain and disclose these records, Arizona is violating the NVRA”.
“Congress mandated transparency in voter roll maintenance to ensure the public can hold election officials accountable,” said PILF President and General Counsel J. Christian Adams. “Arizona’s refusal to provide these records prevents the public from knowing whether voters were wrongly removed as deceased. In some cases, this results in eligible citizens encountering issues when they attempt to vote .”
The case in Arizona mirrors litigation PILF brought in Oregon, where the Secretary of State had destroyed records showing which voters were wrongly flagged as deceased by ERIC. After PILF sued, Oregon conceded and agreed to retain and disclose the records going forward.
The Foundation’s current lawsuit asks the U.S. District Court to declare Secretary Fontes in violation of the NVRA, order Arizona to retain and disclose ERIC Retraction Reports, and enjoin the Secretary from future violations. “Americans who are eligible to vote must not lose their franchise due to administrative mistakes,” the complaint notes, citing the NVRA’s mandate that accurate and current voter registration rolls be maintained.
A copy of the full complaint can be found here.
For more information or to schedule an interview with J. Christian Adams, please contact Douglas Blair at dblair@publicinterestlegal.org or call 503-956-9899