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Public Interest Legal Foundation, Inc. v. Scott T. Nago, Chief Election Officer of the State of Hawaii
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 24-6629 · judgment April 28, 2026
(petition-stage, structural)
About 2.7× the 4.1% base rate. The model weights this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.
Question presented
Congress enacted the National Voter Registration Act of 1993 (“NVRA”) in part to “protect the integrity of the electoral process” and “ensure that accurate and current voter registration rolls are maintained.” 52 U.S.C. § 20501(b)(3)-(4). To promote transparency and accountability in voter list maintenance, Congress required states make available to the public “all records concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of official lists of eligible voters.” 52 U.S.C. § 20507(i)(1). The Ninth Circuit departed from the NVRA’s text and knowingly created a conflict with the First and the Tenth Circuits. Before the decision below, almost every court held that a statewide list of registered voters is a record within the NVRA’s scope. After the Ninth Circuit’s decision, the statewide list of registered voters is public in some places and private in others. Rights under the NVRA now depend on where someone lives. The question presented is: Whether a statewide list of registered voters 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” under 52 U.S.C. § 20507(i)(1).
Counsel of record
For petitioner
Joseph M. Nixon
Public Interest Legal Foundation, Inc.
For respondent
Thomas Joseph Hughes
Hawai'i Department of the Attorney General
Case
Conference history
Distributed for 1 conference
Amicus briefs
3 cert-stage
Proceedings
- Aug 26 2026Response Requested. (Due September 25, 2026)
- Aug 21 2026Brief amicus curiae of Honest Elections Project filed. (Distributed)
- Aug 21 2026Brief amicus curiae of Center for Election Confidence filed. (Distributed)
- Aug 21 2026Brief amicus curiae of Judicial Watch, Inc. filed. (Distributed)
- Aug 19 2026DISTRIBUTED for Conference of 9/28/2026.
- Aug 13 2026Waiver of right of respondent Scott T. Nago, in his official capacity as Chief Election Officer for the State of Hawaii to respond filed.
- Jul 17 2026Petition for a writ of certiorari filed. (Response due August 21, 2026)