Legal Challenge: South Carolina’s Withholding of Voter Roll Information Deemed Unlawful
At the heart of a groundbreaking legal battle, a lawsuit launched on Thursday challenges South Carolina’s stance on maintaining the secrecy of its voter roll data, suggesting it may be at odds with federal statutes.
The legalpush spearheaded by the Public Interest Legal Foundation (PILF) in the U.S. District Court for the District of South Carolina, refutes South Carolina Election Commission’s executive director, Howard Knapp’s decision. Thesuit argues that such refusal breaches the National Voter Registration Act’s (NVRA) decree for transparency.
The NVRA’s public disclosure provision explicitly mandates that states are required to keep and make available all voter-related records for public scrutiny, which ensures the authenticity and updates of official voter lists.
The only exclusions to this rule involve privacy-sensitive documents that reveal how or where individuals registered or chose not to register.
Request to Reveal Voter Rolls Met With Denial
PILF’s efforts to access South Carolina’s voter lists met a dead end on February 20, with the rejection by the election commission favoring state law over federal requirements, reserving such access to in-state ’qualified electors’ only.
Countering the Commission’s Stance
In rapid response, PILF cited a breach of the NVRA in light of this denial, setting a 20-day response deadline to avert a lawsuit aimed at acquiring the requested data.
The argument is clear-cut, as stated in the legal document, “The Defendant’s denial of the Foundation’s request for the Voter Roll violates the NVRA.” Furthermore, any state provisions conflicting with the NVRA are considered overridden by the Constitution’s supremacy.
The Legal Foundation’s Demands
PILF is seeking a formal declaration that Knapp’s actions contravene the NVRA and that federal law trumps the state’s restrictions, besides a court order for immediate compliance with record disclosure and future assurances for uninterrupted access to similar records.
“Public access to these records is not a discretionary option but a federal right,” PILF President J. Christian Adams emphasized. “Geographic location is irrelevant; from local towns to metropolitan hubs, these records must be transparent.”
PILF’s stance isn’t without precedent, as their relentless advocacy has previously resulted in successful data disclosures from states like Maine, Illinois, and Maryland.
Shawn Fleetwood’s journalistic contributions can be seen through multiple media outlets. As a staff writer for The Federalist, Fleetwood’s work reflects his expertise acquired from the University of Mary Washington and his previous role with Convention of States Action. Follow his insights on Twitter @ShawnFleetwood.
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