Pennsylvania Noncitizen Voter Roll Access Challenge

Lawsuit filed by the Public Interest Legal Foundation (PILF) against Pennsylvania Secretary of the Commonwealth Kathy Boockvar (D),  Deputy Secretary for Elections and Commissions Jonathan Marks, and others challenging the commonwealth’s policies limiting public access to voter registration records of alleged noncitizens. In 2017, a glitch in the state’s computer system allowed noncitizens renewing their drivers’ licenses to register to vote. The state checked its motor vehicle records against its Statewide Uniform Registry of Electors (SURE), a database of Pennsylvania voters’ registration and personal voting history, and hired private attorneys to identify potential noncitizens who were able to register to vote because of the glitch. Pennsylvania sent letters to over 11,000 voters asking them to confirm their citizenship status and eligibility to vote. PILF requested copies of all the records related to any voter flagged as a potential noncitizen, which the state denied. PILF argues that this violates Section 8 of the National Voter Registration Act (NVRA), which requires all states to maintain publicly accessible voter registration records. It asks the court to order the state to produce the records requested. 

On March 31, 2022, a federal judge partially granted summary judgment to PILF and the secretary of the commonwealth. He found that the state was required to disclose voter registration data from SURE, but not records or information on voters flagged as potential noncitizens because that information was based on privileged information from private attorneys.

Both parties appealed this decision to the 3rd U.S. Circuit Court of Appeals.

STATUS: The appeal in this case is fully briefed. Oral argument was held the 3rd Circuit on Sept. 11, 2024.

Last updated: September 11, 2024 9:33 am EST