Public Interest Legal Foundation, Inc. v. Scott T. Nago, Chief Election Officer of the State of Hawaii

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).