Public Interest Legal Foundation v. North Carolina State Board of Elections, No. 19-2265 (4th Cir. 2021)Annotate this Case
The Fourth Circuit held that the district court erred by dismissing under Federal Rule of Civil Procedure 12(b)(6) the Foundation's complaint against the executive director of the North Carolina State Board of Elections (the Board), alleging a violation of the disclosure provision in the National Voter Registration Act of 1993 (NVRA). The Foundation sought disclosure of broad categories of documents related to the identification of North Carolina voter registrants whom the Board had identified as potentially failing to satisfy the statutory citizenship requirement.
The court vacated the district court's judgment and remanded, concluding that the district court erred in holding that the Foundation failed to state a claim under the NVRA's disclosure provision simply because the request implicated potential criminal conduct of registrants. The court explained that the disclosure provision does not contain such a blanket exemption and requires a more exacting and tailored analysis than what occurred in this case. Because discovery was not conducted, the court cannot discern on this record whether the Foundation may be entitled to disclosure of some of the documents requested. Therefore, the court remanded to the district court for further consideration of the documents subject to four restrictions excluding from disclosure: (1) information precluded from disclosure by the Privacy Act of 1974 and the Driver's Privacy Protection Act of 1994; (2) information obtained from confidential federal databases under the United States Department of Homeland Security's Systemic Alien Verification for Entitlements system (the SAVE system) that is otherwise protected from disclosure by statute or by the Board's agreement with the Department regarding confidentiality; (3) any requested voter registration applications, or the names affiliated with those applications, that are subject to protection as part of any prior or current criminal investigation; and (4) the identities and personal information of individuals who potentially committed criminal offenses, including those who later were determined to be United States citizens, which must be redacted from any documents ultimately released as sensitive information vulnerable to abuse.