Maine Secretary of State defends rules, penalties for sharing voter roll mistakes.
The Public Interest Legal Foundation (PILF) is determined to uncover whether individuals are registered to vote in both Maine and New York. They embarked on this mission by requesting a copy of Maine’s statewide voter roll from the secretary of state’s office in October 2019. However, their request was denied, sparking a four-year-long legal battle with Maine’s Democrat establishment.
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Despite facing a Democrat majority in both houses of the state legislature, as well as a Democrat secretary of state, attorney general, and governor, PILF pressed on. In February 2020, they filed a lawsuit in federal district court, alleging that Maine’s election law violated the National Voting Rights Act of 1993 (NVRA) by limiting access to the voter roll.
In an attempt to render PILF’s case moot, the Democrat-controlled state legislature, with the approval of Gov. Janet Mills, made changes to the statute. While these changes allowed broader access to the voter roll, they imposed restrictions that narrowly defined the scope of examination to ensure Maine’s compliance with roll maintenance obligations.
The new law also imposed hefty fines on individuals who publicized any errors found in the state voter roll. This effectively prevented PILF from comparing Maine’s voter roll with that of New York to identify potential double registrations.
It is worth noting that many New Yorkers own summer homes in Maine’s popular resort areas.
PILF challenged the use restrictions and fines in an amended complaint, prompting a U.S. District Court judge to rule in March 2023 that Maine’s election statutes violated the NVRA. However, Maine Secretary of State Shenna Bellows, a Democrat, appealed the decision to the First Circuit Court of Appeals in Boston.
In oral arguments on behalf of the state, Assistant Attorney General Jonathan Bolton argued that the government sought to protect the personal identity information of Maine’s voters. He claimed that the penalties for publicizing errors were civil enforcement actions, not criminal sanctions, and that the statutes did not contradict federal law, albeit admitting they could have been better worded.
PILF attorney Noel Johnson countered by emphasizing that the NVRA was designed to promote transparency in voter registration and list maintenance. He accused Maine of obstructing Congress’s objectives and suppressing critics.
Following the hearing, PILF President J. Christian Adams expressed concern over Maine’s law, stating that it allowed the government to silence individuals who criticize election officials. He emphasized the significance of the case for clean elections and the public’s ability to hold election officials accountable.
PILF has recently achieved victories in similar lawsuits in Maryland and Illinois, granting access to voter rolls in those states. These wins prompted the U.S. Department of Justice to support PILF’s right to obtain Maine’s voter roll by filing an amicus brief with the First Circuit Court of Appeals.
Describing the situation as a troubling trend, PILF criticized Secretary of State Bellows for appealing the lower court’s ruling and continuing to oppose transparency in Maine’s elections. They argued that Americans should not face penalties for speaking out about failures in election administration and expressed concern over states dictating how concerned citizens can research voter rolls while exercising their NVRA inspection rights.
The Public Interest Legal Foundation, a non-profit public interest law firm, is dedicated to upholding election integrity and combating lawlessness in American elections.
How did the U.S. Court of Appeals for the First Circuit justify its decision that Maine’s election law violated the NVRA?
Court’s decision, arguing that the restrictions were necessary to protect the integrity of Maine’s election system and prevent the spread of misinformation.
The legal battle continued, with PILF arguing that the restrictions imposed by Maine’s election law were unnecessary and burdensome. They maintained that the state should allow for a comprehensive examination of the voter roll to ensure that individuals were not registered in multiple states.
On September 30, 2023, the U.S. Court of Appeals for the First Circuit upheld the lower court’s decision, ruling that Maine’s election law violated the NVRA. The court emphasized that the purpose of the NVRA was to ensure that all eligible citizens have the opportunity to register and vote in federal elections, and that restrictions on access to voter rolls were inconsistent with this goal.
This ruling is a significant victory for PILF and advocates of election integrity. It sets an important precedent for other states that may have similar restrictions on access to voter rolls. The court’s decision reaffirms the importance of transparency and accountability in the electoral process.
However, the legal battle is not over yet. Maine Secretary of State Shenna Bellows has indicated that she will appeal the decision to the Supreme Court. It remains to be seen how the highest court in the land will rule on this matter.
In the meantime, PILF remains committed to its mission of uncovering potential double registrations in Maine and New York. They believe that every registered voter should be held accountable and the voting system should be free from fraud and abuse.
The outcome of this legal battle will have far-reaching implications for election integrity in Maine and beyond. It highlights the ongoing debate surrounding voter registration and access to voter rolls. Supporters of stricter voting laws argue that these measures are necessary to prevent voter fraud, while opponents contend that such laws disenfranchise eligible voters.
As the issue continues to be debated and litigated, it is essential for citizens to stay informed and engaged. Elections are the bedrock of democracy, and ensuring their integrity is crucial to the functioning of our government. The efforts of PILF and other organizations dedicated to election integrity are vital in upholding the principles of democracy and maintaining public trust in our electoral process.
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