PUBLIC INTEREST LEGAL FOUNDATION v. JOCELYN BENSON, in her official capacity as Secretary of State of Michigan, ELECTRONIC REGISTRATION INFORMATION CENTER, INC. - Articles

All Content

PUBLIC INTEREST LEGAL FOUNDATION v. JOCELYN BENSON, in her official capacity as Secretary of State of Michigan, ELECTRONIC REGISTRATION INFORMATION CENTER, INC.

Posted by: Azya Thornton on May 6, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON BRIEF: J. Christian Adams, Kaylan Phillips, Joseph M. Nixon, Noel H. Johnson, PUBLIC INTEREST LEGAL FOUNDATION, Alexandria, Virginia, for Appellant.

Attorneys 2: ON BRIEF: Erik A. Grill, Heather S. Meingast, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee Jocelyn Benson.

Attorneys 3: ON BRIEF: Robert A. Wiygul, Peter V. Keays, HANGLEY ARONCHICK SEGAL PUDLIN & SCHILLER, Philadelphia, Pennsylvania, for Appellee.

Attorneys 4: ON BRIEF: Electronic Registration Information Center. Benjamin M. Flowers, ASHBROOK BYRNE KRESGE LLC, Cincinnati, Ohio, Thomas R. McCarthy, CONSOVOY MCCARTHY PLLC, Arlington, Virginia, David Eric Lycan, EMBRY MERRITT WOMACK NANCE, PLLC, Lexington, Kentucky, T. Russell Nobile, JUDICIAL WATCH, INC., Gulfport, Mississippi, for Amici Curiae.

Judge(s): CLAY, WHITE, and DAVIS, Circuit Judges

Court Appealed: United States District Court for the Western District of Michigan at Grand Rapids

CLAY, Circuit Judge. This case concerns the National Voter Registration Act of 1993 (“NVRA”), 52 U.S.C. § 20507. Plaintiff Public Interest Legal Foundation (“PILF”) filed a two-count complaint alleging that Defendant Jocelyn Benson (“Secretary Benson”), in her official capacity as Michigan Secretary of State, has not complied with the NVRA by (1) failing to conduct maintenance of voter registration lists, and (2) failing to allow inspection of public records and data. PILF specifically alleges that the State of Michigan has failed to make adequate efforts to remove dead registrants from voter rolls and has refused to grant PILF access to public records relating to those voter rolls. Secretary Benson subsequently moved for summary judgment, which the district court granted. For the reasons that follow, we AFFIRM the district court’s judgment.

Attachments: