Filed Date: Aug. 26, 2020
Closed Date: Nov. 12, 2020
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This case is about access to voting records in Southfield, Michigan. The case was filed on August 26, 2020 in the U.S. District Court for the Western District of Michigan by the Public Interest Legal Foundation (“PILF”), a non-profit public interest organization that aims to maintain the integrity of elections. Plaintiff alleged that the Secretary of State (“SOS”) of Michigan violated the Public Disclosure Provision of the National Voter Registration Act (“NVRA”), 52 USC § 20507(i) for failing to permit inspection and duplication of certain voting records. Plaintiff sought 1) a declaratory judgement that the SOS violated the NVRA, 2) an injunction to provide Plaintiff with voting records and prevent the SOS from denying future inspection requests, and 3) attorney’s fees. The case was ultimately assigned to Judge Hala Y. Jarbou.
Plaintiff requested an inspection of voter history records pursuant to the NVRA after the SOS announced felony charges against the Southfield City Clerk on September of 2019 for altering the “Qualified Voter File” records of 193 absentee voters in the November 2018 general election. On September 26, 2019, Plaintiff requested records from the City of Southfield regarding absentee voters pursuant to the NVRA, 52 USC § 20507(i) and under Michigan’s Freedom of Information Act. The Public Disclosure Provision provides in part that election officials must “make available for public inspection . . . all records concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of official lists of eligible voters.”
In response, the City claimed it transferred the relevant records to the Attorney General of Michigan. In April 2020, the Michigan Department of State denied Plaintiff’s request to inspect records because it claimed those records were not “voter registration or voter registration cancellation” records required to be produced under the NVRA.
On October 15, 2020, the SOS filed a motion to dismiss the suit for failure to state a claim. The SOS argued that the requested records were not required to be produced under the NVRA because under the plain language of the statute, records for public inspection are those concerning programs and activities conducted to ensure the accuracy of eligible voters. The SOS noted in prior decisions that absentee ballot applications were records of voting, not of registration, and therefore not covered by the NVRA. Further, the SOS argued that Plaintiff’s requests were for information regarding criminal prosecution of election fraud, and not registration records. Lastly, the SOS noted that absent voter ballot applications were not kept by the SOS, but were instead managed by local township clerks.
Plaintiff filed a notice of voluntary dismissal on November 12, 2020, thereby closing this action against the SOS.
Summary Authors
Nia Kyritsis (11/6/2023)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18412175/parties/public-interest-legal-foundation-v-benson/
Neff, Janet T. (Michigan)
Phillips, Kaylan (Michigan)
Grill, Erik Alexander (Michigan)
Meingast, Heather S. (Michigan)
See docket on RECAP: https://www.courtlistener.com/docket/18412175/public-interest-legal-foundation-v-benson/
Last updated Aug. 9, 2025, 10:26 p.m.
State / Territory: Michigan
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: Aug. 26, 2020
Closing Date: Nov. 12, 2020
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Public Interest Legal Foundation, a non-partisan and non-profit organization
Plaintiff Type(s):
Non-profit NON-religious organization
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Michigan Secretary of State, State
Defendant Type(s):
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Content of Injunction:
Issues
General/Misc.:
Voting: