Centennial State News

The Public Interest Legal Foundation (PILF) has filed a federal lawsuit against Colorado Secretary of State Jena Griswold, alleging she has not allowed a public inspection of voter maintenance records as required under the National Voter Registration Act.

The foundation says Griswold points to the federal Driver’s Privacy Protection Act and other laws governing the Social Security death file for not releasing unredacted records for inspection. Colorado News Online reports that Griswold's office provided a redacted spreadsheet to PILF after it requested records in June, but PILF alleges the Griswold is in violation for not providing all requested information.

Griswold argues that the state’s arrangement with the Electronic Registration Information Center (ERIC), a nonprofit, prevents the release of the information. ERIC prohibits other member states from disclosing records that are public documents under the NVRA.

PILF President J. Christian Adams said the public has right to inspect these documents to ensure that the state is maintaining its voter rolls, including the removal of deceased registrants.

“Colorado is hiding voter list maintenance documents the public is legally entitled to,” Adams said in a statement. “Elections must be free and transparent for Americans to trust their results. Secretary Griswold and ERIC are blocking transparency and violating federal law.”

Adams added that the need for transparency is even more important because ERIC has a history of inaccuracy when it comes to identifying ineligible registrants. Even liberal groups have criticized ERIC, he noted.  

Barbara Arnwine, the former executive director of the Lawyers’ Committee for Civil Rights Under Law, told author Greg Palast in 2020 that “ERIC should be called ERROR because it’s that erroneous and that full of flaws.”

The foundation also has filed a motion to intervene in the Democratic Party of Virginia’s lawsuit to block the requirement that voters provide their Social Security number when registering to vote – a voting requirement in the state that goes back 50 years.

“This lawsuit is an attack on basic election integrity measures,” Adams said. “These rules exist to protect the right to vote and must always be followed to ensure free and fair elections. The Supreme Court has ruled that states have the power to pass measures to prevent election fraud. This election integrity provision has existed for 50 years.”