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PENNSYLVANIA RECORD

Wednesday, May 1, 2024

Voter rights group says Pennsylvania stonewalling it in quest for info

Lawsuits
Webp schmidtalbert

Schmidt | https://www.dos.pa.gov/about-us/Pages/Secretary-of-the-Commonwealth.aspx

HARRISBURG - The Voter Reference Foundation has gone to federal court to sue Pennsylvania after it says the Commonwealth failed to disclose election information that should be open to the public.

The Voter Reference Foundation (VRF), a nonprofit organization dedicated to increasing voter participation and protecting election integrity, filed a lawsuit Feb. 19 against Albert Schmidt, the Secretary of the Commonwealth of Pennsylvania. The case was filed in the United States District Court for the Middle District of Pennsylvania.

In its complaint, VRF alleges that Schmidt has refused to provide Pennsylvania voter data to the organization, thereby violating both the National Voter Registration Act (NVRA) and VRF's First Amendment right to free speech. The NVRA allows public access to such data, which VRF uses for political speech and makes available on its website.

VRF argues that Schmidt's refusal is based on a Pennsylvania restriction on publishing some of this data online. However, it asserts that the NVRA preempts any state law that impedes its implementation and objectives. 

Moreover, VRF claims that any ban on sharing this data violates the First Amendment as it fails strict scrutiny and is overbroad.

VRF is seeking injunctive relief to vindicate its federal statutory right to access voter data and its First Amendment right to share that data. It also seeks a declaration confirming the lawfulness of its speech and conduct.

The plaintiff is represented by Edward Greim and other lawyers at Graves Garrett Greim in St. Louis, plus Charles Beckley II of Beckley & Madden in Harrisburg.

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