Public Interest Legal Foundation v. Al Schmidt, Secretary of Pennsylvania, et al.

Congress enacted the National Voter Registration Act (“NVRA”) to increase and enhance registration and voting by “eligible citizens,” “protect the integrity of the electoral process,” and “ensure that accurate and current voter registration rolls are maintained.” 52 U.S.C. § 20501(b)(1)-(4). The NVRA makes all list maintenance records subject to public inspection precisely so that the public can enjoy a transparent election process and assess compliance with state and federal laws that grant and remove voting rights. 52 U.S.C. § 20507(i)(1). The Public Interest Legal Foundation sought list maintenance records from Pennsylvania after the Commonwealth publicly acknowledged errors on its voter roll. The Commonwealth denied the NVRA request and this lawsuit followed. The district court granted the Foundation’s summary judgment motion in part and required the disclosure of certain records. The appellate court reversed, solely because it found the Foundation lacked Article III standing. The questions presented are:

1. Did the appellate court err in using TransUnion LLC v. Ramirez, 594 U.S. 413 (2021), to evaluate standing in this case, which involves the denial of public records?

2. Did TransUnion overrule this Court’s cases establishing the standing inquiry for public records cases?

3. Did the appellate court err by finding that the Foundation does not have standing to redress the denial of public records under the NVRA?