In a significant legal development, a federal judge in South Carolina has ruled that voter rolls constitute public records and, as such, must be open for scrutiny by advocates for election integrity.
This decision could potentially establish a nationwide precedent.
As reported by The Gateway Pundit, the ruling was handed down by Judge Joseph F. Anderson Jr. of the United States District Court for the District of South Carolina. The judge was responding to a lawsuit initiated by the Public Interest Legal Foundation (PILF), a nonprofit organization committed to upholding election integrity. PILF had requested access to the South Carolina Statewide Voter Registration List under the provisions of the National Voter Registration Act (NVRA) of 1993. This act requires states to maintain accurate voter rolls and make these records accessible for public inspection.
The State Election Commission (SEC) initially rejected PILF's request, arguing that South Carolina law only allowed access to these records for qualified electors of the state, thereby excluding out-of-state organizations like PILF. However, Judge Anderson ruled that the NVRAs stipulations supersede state law, concluding that South Carolinas restrictions were overridden by federal law.
Judge Anderson underscored that Section 8 of the NVRA unequivocally mandates the public availability of voter registration records. This is to safeguard the integrity of the electoral process and maintain accurate and current voter rolls.
The ruling, as reviewed by The Gateway Pundit, stated: "Congress expressly stated that the NVRA has four purposes: to 'establish procedures that will increase the number of eligible citizens who register to vote in elections for Federal office'; to 'enhance the participation of eligible citizens as voters in elections for Federal office'; to 'protect the integrity of the electoral process'; and to 'ensure that accurate and current voter registration rolls are maintained.'"
Section 8(i) of the NVRA provides for the disclosure of voter registrations to "assist the identification of both error and fraud in the preparation and maintenance of voter rolls." However, South Carolina law limits that disclosure to South Carolina voters, excluding organizations and citizens of other states from identifying error and fraud.
The ruling further stated that South Carolina's restriction on the distribution of the SVRL to only eligible South Carolina voters conflicts with the NVRA's mandate that all records concerning maintenance and accuracy activities be made available for "public inspection." As such, the state law must yield to the federal mandate.
In the wake of this ruling, PILF has been granted the ability to access South Carolinas statewide voter registration list. This decision marks a significant victory for advocates of election integrity and transparency.
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