The Foundation’s lawsuits have led to ERIC changing its membership agreement to allow the disclosure of data reports more than three years old.

(Alexandria, VA) – September 20, 2024: The United States District Court in the District of Colorado has issued an order requiring Colorado Secretary of State Jena Griswold to disclose ERIC data reports concerning potentially deceased registrants on the state’s voter roll. These reports include 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 Secretary Griswold after the Court denied the Secretary’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 (NVRA), which gives the public a right to inspect voter rolls and voter list maintenance documents. When the Foundation’s lawsuits were initially filed, ERIC’s membership agreement prohibited states from disclosing any of these data reports. As a result of the Foundation’s lawsuits, ERIC has changed the agreement to prohibit the sharing of only data reports within the last three years.

The order marks the third time ERIC data reports have been ordered disclosed by a federal court. These other successes in knocking down ERIC’s wall of secrecy in the voter list maintenance process were a result of the Foundation’s lawsuits against Alaska and the District of Columbia. These three victories nullified the agreement between ERIC and its member states that made states immune to public scrutiny.

“PILF has knocked down ERIC’s wall of secrecy in the voter list maintenance process,” said PILF President J. Christian Adams. “States cannot use third parties to hide election records that the public has a right to see. States that are members of ERIC should take note of these three victories and disclose their ERIC data reports.”

PILF has one more ongoing lawsuit in Louisiana 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 and Kaylan Phillips are the Foundation’s attorneys in this case.

Access case documents for Public Interest Legal Foundation v. Griswold 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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