SAVE THE DATE: Hearing in PILF’s Lawsuit to Obtain South Carolina’s Voter Roll
Thanks to PILF’s Litigation, it is a well-established precedent that the public has a right to inspect state’s voter rolls.
(Columbia, SC) – September 12, 2024: Next week, the Public Interest Legal Foundation will have oral arguments in its federal lawsuit against the Executive Director of the South Carolina Election Commission, Howard Knapp. The lawsuit alleges that by refusing to provide the Foundation with a copy of the statewide voter roll the state is violating Section 8 of the National Voter Registration Act of 1993 (NVRA).
WHAT: Hearing on Motion for Summary Judgment
WHO: Arguing for the Public Interest Legal Foundation is J. Christian Adams
WHEN: Monday, September 16, 2024 at 12:45PM
WHERE: Joseph F. Rice School of Law 103
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 ARGUEMENTS
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 is in violation of the NVRA’s requirements to provide a statewide voter roll for public inspection. Further, any South Carolina law that restricts who can access the voter roll violates the NVRA’s public disclosure provision and is preempted by the Supremacy Clause and the Elections Clause of the U.S. Constitution.
“By refusing to disclose the state’s voter roll, South Carolina is violating federal law,” said Lauren Bowman Bis, PILF Communications Director. “Under the National Voter Registration Act, the public has a right to inspect voter rolls. PILF has fought this fight and won in court in three other states. This lawsuit will bring transparency to South Carolina’s elections.”
Previously, the Foundation has fought and won access to the voter roll in Maine, Maryland, and Illinois. Most recently, 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 are 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