Six years and three Secretaries of State later, the Commonwealth is still fighting to conceal records relating to a so-called “glitch” that allowed aliens to register to vote for decades.
(Philadelphia, PA) – September 9, 2024: On Wednesday, the Public Interest Legal Foundation (PILF) will have oral arguments in its lawsuit against Pennsylvania Secretary of State Al Schmidt. This lawsuit was brought to obtain records relating to a so-called “glitch” that allowed aliens to register to vote at PennDOT offices for more than two decades. Under the National Voter Registration Act of 1993 (NVRA), the public has a right to inspect these records.
WHAT: Oral Arguments before Third Circuit Court of Appeals
WHO: Arguing for the Public Interest Legal Foundation is Noel Johnson
WHEN: Wednesday, September 11 at 9:30 AM ET
WHERE: The Albert Branson Maris Courtroom, 19th floor
601 Market St.
Philadelphia PA 19106
For those who can’t attend in person, a live stream of the oral arguments is available here.
BACKGROUND
Following the 2017 announcement by then Pennsylvania Secretary of State Robert Torres that due to a so-called “glitch” at PennDOT offices aliens had been allowed to register to vote for decades, PILF began trying to obtain records showing the extent of the problem and how the Commonwealth would identify and remove aliens from the voter roll.
At the time, Al Schmidt, then a Philadelphia City Commissioner, testified before the state senate that he had been briefed on a study that identified more than 100,000 registered voters who may lack U.S. citizenship and called for transparency.
Flash forward to 2024. Al Schmidt is now the Secretary of State, but refuses to disclose these records to the public despite losing on summary judgment at the District Court and opposition by the United States Department of Justice, which filed a brief saying these are public records under the NVRA.
“For six years, we have been fighting to obtain records about aliens getting registered to vote in Pennsylvania for decades due to a so-called ‘glitch’,” said PILF President, J. Christian Adams. “The Commonwealth has admitted it was happening but has refused to disclose how they identified the aliens on the voter roll and their voting histories. The public has a right to see these records and to know how Pennsylvania has ensured this won’t happen again.”
For nearly a decade, PILF has harvested government records of noncitizen voter cancellation reports generated by local election officials. These studies were carried out in places like Arizona, Pennsylvania, New Jersey, Michigan, Nevada, California, Texas, and sanctuary cities across the nation. PILF has brought and won federal trial and appellate court cases in North Carolina and Texas to secure access to records relating to foreign nationals registering and voting.
PILF attorneys in this case are Noel Johnson and Kaylan Phillips. Linda Kerns serves as local counsel.
Read the full complaint in Public Interest Legal Foundation v. Al Schmidt here. A factsheet 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