The case challenged Pennsylvania’s ban on publishing publicly accessible voter data online.
Last week, a federal judge in Harrisburg dismissed a case centered around Pennsylvania’s ban on publishing accessible voter data on the internet.
Nonprofit organization Voter Reference Foundation sued Secretary of the Commonwealth Al Schmidt in 2024, alleging that the Department of State violated the National Voter Registration Act (NVRA) and the First Amendment right to free speech by refusing to make the state’s voter rolls available.
The nonprofit is focused on voter participation and election integrity. It publishes the voter data of 36 other states already.
U.S. District Judge Joseph F. Saporito Jr. ruled in favor of Schmidt last week before trial. He rejected the nonprofit’s arguments that Pennsylvania’s refusal to provide the voter data damages election integrity.
The NVRA requires states to offer voter registration opportunities at motor vehicle offices and other government offices. The law also requires states to maintain and make publicly available at least two years of voter roll records.
Under current Pennsylvania law, “public information lists” must be maintained. They include the name, address, date of birth, and voting history of all registered voters in the Commonwealth.
The Pennsylvania Department of State makes the public information lists available for inspection. They are also available for purchase for $20.
The challenge came after the Voter Reference Foundation was denied the list by the Department of State in March 2022 and November 2023. The group did not agree to refrain from publishing the list online, which is a requirement of anyone requesting the list.
Publishing the voter data online can result in a misdemeanor carrying a $6,000 fine or up to three years imprisonment.
In 2023, the Voter Reference Foundation argued that federal law preempted Pennsylvania’s requirements for obtaining the voter data. The nonprofit argued that NVRA’s public voter roll disclosure provision was being violated in Pennsylvania.
The nonprofit previously worked with state Representatives Jamie Flick and Eric Nelson to locate people who voted in multiple states. Those findings have not yet been shared.
The dismissal of the case comes as election integrity is under scrutiny across the United States and accounts of voter fraud increase.
