Electronic Privacy Information Center v. Presidential Advisory Commission on Election Integrity, No. 17-5171 (D.C. Cir. 2017)Annotate this Case
President Trump, by executive order issued in May 2017, established the Presidential Advisory Commission on Election Integrity. EPIC filed suit against the Commission and others, alleging violations of the Administrative Procedure Act and sought a preliminary injunction to prohibit defendants from collecting voter data unless and until they complete a privacy impact assessment as allegedly required by the E-Government Act of 2002. The district court concluded that EPIC had standing and denied a preliminary injunction. The DC Circuit affirmed, but based on a different conclusion than that of the district court. The court upheld the denial of preliminary injunction because EPIC did not show a substantial likelihood of standing to press its claims that defendants have violated the E-Government Act. In this case, EPIC has suffered no informational or organizational injury.