Court: Maine’s Democrat Secretary of State cannot conceal voter rolls from watchdog group
Maine Court Rules Voter Rolls Must Be Made Public
Appeals Court Orders Secretary of State to Allow Inspection
Maine’s voter rolls must be made available for public inspection, a federal appeals court ruled on Friday.
Writing for the 1st Circuit Court of Appeals, Judge Gustavo Gelpí, a Biden appointee, ruled that Maine Secretary of State Shenna Bellows must allow the Public Interest Legal Foundation (PILF) to inspect the state’s voter rolls as specified under the National Voter Registration Act (NVRA). Bellows, a Democrat, is currently engaged in a legally suspect attempt to kick former President Donald Trump off of Maine’s 2024 presidential primary ballot.
“[W]hether voter registration rolls are accurate and current cannot be determined without inspecting the Voter File … In other words, the evaluation of voter registration rolls would be impossible if the results of Maine’s voter list registration and maintenance activities were not subject to public disclosure,” Gelpí wrote. “For the above reasons, Maine’s Voter File is a ‘record concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of official lists of eligible voters’ and is thus subject to disclosure under Section 8 [of the NVRA].”
The entire saga began in October 2019 when PILF requested a copy of Maine’s voter file and “voting histories.” The office of then-Secretary of State Matthew Dunlap, a Democrat, denied PILF’s request, “citing state law that limited access to preferred entities like political parties.” This prompted the conservative legal group to sue Dunlap’s office in February 2020.
According to PILF, Maine altered its laws in 2021 to prevent watchdog groups “from using the [voter] file to perform research not pre-approved by the legislature.” These prohibited research activities included comparing Maine’s voter roll data to another state’s to identify potentially invalid registrations. “Anything other than ‘evaluating’ Maine’s own compliance with voter list maintenance obligations would risk severe fines for unauthorized use,” a PILF press release noted.
PILF amended its complaint in response, alleging that these fines constituted a violation of the NVRA. The U.S. District Court for the District of Maine ultimately agreed, ruling in March 2023 that the NVRA “preempts” Maine’s “impermissible” restrictions and fines regarding the use of the state’s voter file. This prompted Bellows to appeal the ruling.
In addition to granting PILF access to Maine’s voter rolls, Gelpí similarly determined that the provisions of the NVRA preempt the fines enacted by the state. He wrote, “the restrictions imposed by the Use Ban erect an impenetrable barrier for those seeking to use the Voter File to evaluate and enforce compliance with the NVRA nationwide.”
PILF President J. Christian Adams celebrated Friday’s decision in a statement, calling it a “monumental victory for transparency in elections.”
“Other states should think twice before passing laws that restrict the public from accessing the voter file and speaking about any errors,” Adams said.
While it’s unclear if Bellows will appeal Gelpí’s ruling to the U.S. Supreme Court, the Democrat secretary of state dramatically told the Associated Press that her office will “do everything in [its] power in accordance with the law and court decision to protect voter information from abuse.”
Shawn Fleetwood is a staff writer for The Federalist and a graduate of the University of Mary Washington. He previously served as a state content writer for Convention of States Action and his work has been featured in numerous outlets, including RealClearPolitics, RealClearHealth, and Conservative Review. Follow him on Twitter @ShawnFleetwood
What was the recent ruling by the 1st Circuit Court of Appeals regarding Maine’s voter rolls?
Ately agreed, ruling in favor of PILF and ordering Maine to release its voter rolls to the organization. However, the state appealed the decision, leading to the recent ruling by the 1st Circuit Court of Appeals.
This decision is significant as it upholds the importance of transparency in the electoral process. The ability to inspect voter rolls allows for greater accountability and ensures that the system remains fair and accurate. By making the voter rolls available to the public, it becomes easier to detect and address any potential irregularities or inaccuracies.
The ruling also serves as a blow to Secretary of State Shenna Bellows and her attempt to exclude former President Donald Trump from Maine’s 2024 presidential primary ballot. This action has been widely criticized as politically motivated and an abuse of power. The court’s decision to enforce the NVRA and allow the inspection of voter rolls undermines Bellows’ efforts to restrict access to this information.
Furthermore, the court’s ruling highlights the importance of the NVRA in ensuring the integrity of the electoral process. The NVRA is a federal law that establishes certain guidelines and requirements for the maintenance of voter registration rolls. It aims to prevent fraud and guarantee that eligible citizens have the opportunity to vote.
It is crucial for states to comply with the NVRA by maintaining accurate and up-to-date voter rolls. By allowing public inspection, states can demonstrate their commitment to transparency and accountability. It also enables organizations like PILF to fulfill their role as watchdogs, safeguarding the integrity of the electoral system.
This ruling in Maine serves as a precedent for other states, emphasizing the importance of making voter rolls accessible to the public. Transparency is crucial in building trust and confidence in the electoral process, especially in an era where concerns about election integrity are prevalent.
Overall, the 1st Circuit Court of Appeals’ decision to order Maine’s voter rolls to be made public is a victory for transparency, accountability, and the preservation of democratic principles. By allowing inspection, the court ensures that the electoral process remains fair and accurate, while also preventing abuses of power. This ruling sets an important precedent for other states and highlights the significance of complying with federal laws such as the NVRA to protect the integrity of our elections.
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