Restoration Responds: Massachusetts Victory for Election Transparency and Integrity
Judge Reminds Massachusetts That Voter Rolls Are Public
On September 24, Chief U.S. District Judge Denise Casper reaffirmed that Massachusetts may not shield its voter roll from public scrutiny. She denied Massachusetts Secretary of the Commonwealth William Galvin’s (D) motion to alter the judgment in Voter Reference Foundation, LLC v. Galvin. Voter Reference Foundation (VRF), an election integrity nonprofit, beat Galvin on the merits in March. This order forecloses his only shot at getting Casper to change her ruling.
"This is a win for transparency, and we applaud the judge for her precise enforcement of the NVRA," VRF Executive Director Joseph Benson told Restoration News via email. "We look forward to providing these records to the citizens they truly belong to."
Galvin initially tried to thwart VRF's efforts to obtain the state's voting list by sending it to request voter information from the Commonwealth's local election officials. Casper's March ruling held that the NVRA requires states to make voter records available for public inspection, and Galvin cannot send VRF on a 351-town scavenger hunt.
In his recent motion, Galvin admitted the voter information in the Central Registry must be available under the NVRA’s public inspection provision, but claimed that did not mean he had to turn over the statewide list itself. Casper rejected that distinction and reaffirmed that the full statewide voter list is a "record" under the NVRA, and the difference between "the underlying information" and "the list" makes no difference.
"Judge Casper politely rebutted the defense's argument and made it clear her ruling wouldn't be undone by semantics," Benson said. "Under the NVRA, the full statewide voter list is a record subject to public disclosure."
Casper's ruling marks the latest in a series of court wins by the VRF. Many states have demanded takedowns of voter lists or passed new limits on sharing. New Mexico even tried to prosecute the nonprofit over it. The courts shot that down in Voter Reference Foundation v. Torrez, which required the state to pay nearly $1 million.
How We Got Here
- Part of the NVRA includes the requirement to keep official voter lists accurate and current.
- The Help America Vote Act then required those official lists to be kept in a statewide, computerized file.
- Federal law defines "person" to include corporations, companies, associations, and similar entities, not only individuals. Watchdog nonprofits are part of the private enforcement Congress envisioned.
- In March, Casper granted VRF summary judgment and ordered Galvin to produce Massachusetts' statewide list.
Why It Matters
- The NVRA guarantees public inspection, which requires access to states' voter rolls. Dead voters, duplicate registrations, and voters who moved away often stay on the rolls when Secretary of State's Offices don't stay on top of things. The NVRA’s disclosure rule exists so citizen watchdogs can double-check those lists.
- This case's initial ruling prevented the Massachusetts Secretary of State from giving VRF the runaround. The judge ruled that there is no difference between a state's list and the information at local election offices, and citizens have a right to the former under the NVRA's rules.
- This case reaffirms that federal law is on the side of transparency. VRF continues to rack up wins in court, despite many states pulling out all the stops to prevent it from shedding light on their voter data.
What Can I Do?
Review the rolls at VoteRef.com free of charge.
The Takeaway
The legal argument in this case is not complicated. The NVRA makes voter-list records public. Statewide computerized files are those records. Nonprofits may request them, and state statutes and bureaucratic hurdles cannot override that duty.
