PUBLIC INTEREST LEGAL FOUNDATION, INC. V. NAGO
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Case Summary
Disposition
Affirmed
Public Interest Legal Foundation sought a statewide voter-registration list from Hawaii, claiming a disclosure right under the NVRA. The Ninth Circuit held the group had standing and the case was ripe, but on the merits concluded that the NVRA’s public-inspection provision covers only records about list-maintenance activities, not the voter list itself, and therefore affirmed dismissal with prejudice.
Circuit Split Identified
Legal Issue
Whether a statewide voter-registration list is a “record[] concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of official lists of eligible voters” that must be disclosed under § 20507(i)(1) of the National Voter Registration Act (NVRA).
Circuit Positions
Statewide voter lists are covered ‘records’ that must be disclosed under NVRA § 20507(i)(1).
Statewide voter lists are NOT covered; § 20507(i)(1) applies only to records about the implementation of list-maintenance programs, not the lists themselves.
Conflict Summary
The First and Tenth Circuits interpret § 20507(i)(1) broadly and hold that statewide voter files themselves are disclosable records, reasoning that such lists reflect the ‘end result’ of list-maintenance activities. The Ninth Circuit rejects that view, holding that § 20507(i)(1) covers only materials documenting how list-maintenance programs are carried out, not the voter lists themselves.