Case: Public Interest Legal Foundation v. North Carolina State Board

5:19-cv-00248 | U.S. District Court for the Eastern District of North Carolina

Filed Date: June 17, 2019

Closed Date: Jan. 31, 2022

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Case Summary

This case is about access to voting records maintained by the North Carolina State Board of Elections. On June 17, 2019, the Public Interest Legal Foundation, a public interest organization focused on election integrity, filed this lawsuit in the U.S. District Court for the Eastern District of North Carolina. The Foundation sued the North Carolina State Board of Elections under the National Voter Registration Act, 52 U.S.C. § 20507. Represented by private local counsel and their own attorneys, the Foundation sought a declaration that the Board was in violation of Section 8 of the NVRA, an order to provide the Foundation with access to several broad categories of public records, and attorneys’ fees. On August 2, 2019, the Foundation filed an amended complaint adding the Executive Director of the State Board of Elections a defendant. The case was assigned to District Judge Terrence Boyle.

In 2017, the Board issued an audit report for the 2016 general election stating that 41 non-citizens with legal status had voted in the election, and that investigators continued to review 61 additional potential non-citizen voters. Following that report, the Foundation requested public records under Section 8 of the NVRA (the public disclosure provision). They sought access to three broad categories of records: 1) documents regarding all registrants identified as potentially not satisfying the citizen requirements for registration; 2) all documents and records of communications received by the Board since 2006 relating to requests for removal from the voter role for any reason related to non-citizenship; and 3) all documents and records of communications received by the Board since 2006 regarding individuals claiming to be non-citizens when responding to jury summons. After several months of communications between the parties, the Board did disclose documents describing its process of investigating potential non-citizen registrants, but informed the Foundation that it could not provide the rest of the requested records because it could not disclose the identity of particular individuals. The Foundation then filed this suit.

On October 17, 2019, the district court granted the defendants’ motion to dismiss the amended complaint. The court ruled that the Board of Elections was immune from suit under the Eleventh Amendment to the U.S. Constitution. The court further ruled that the Foundation had failed to state a claim against the Executive Director of the State Board of Elections because the information requested by plaintiffs concerning individuals on the voter roles was uniquely sensitive and vulnerable to abuse and thus was not required to be disclosed under the NVRA. The Foundation filed an appeal challenging only the dismissal of the claims against the Executive Director.

On May 10, 2021, the U.S. Circuit Court of Appeals for the Fourth Circuit ruled that the district court had erred in dismissing the claim against the Executive Director of the Board of Elections. The circuit court agreed that the NVRA’s broad disclosure provisions must be read in conjunction with the various statutes that protect the privacy of individuals and confidential information, as well as taking into account the government’s compelling interest in protecting ongoing law enforcement investigations. However, because the district court dismissed the complaint without permitting discovery, it was impossible to determine if the Foundation was entitled to disclosure of at least some of the documents they had requested.

The circuit court remanded the case for the district court to further consider the requested documents subject to four restrictions limiting disclosure: 1) information precluded by the Privacy Act of 1974 and the Driver’s Privacy Protection Act of 1994; 2) information obtained from confidential databases under the Department of Homeland Security’s Systemic Alien Verification for Entitlements (SAVE) system; 3) voter registration applications and associated names subject to protection as part of any current or prior criminal investigation; and 4) the identities and personal information of individuals who potentially committed criminal offenses, which must be redacted from any documents ultimately released as sensitive information vulnerable to abuse.

After the case was sent back to the district court, the parties ultimately reached a settlement on January 18, 2022. The Board of Elections agreed to produce records relating to its non-citizen audit process and records relating to voter list maintenance activities, with the provision that the Board could redact personally identifying information. The Board further agreed to pay $5,000 for attorneys’ fees and litigation expenses. The district court then entered a joint stipulation of dismissal on January 31, 2022, ending the case.

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Summary Authors

John McGinnis (3/4/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15787930/parties/public-interest-legal-foundation-inc-v-north-carolina-state-board-of/

Judge(s)

Boyle, Terrence William (North Carolina)

Attorney for Plaintiff

Johnson, Noel H. (North Carolina)

Phillips, Kaylan L. (North Carolina)

Attorney for Defendant

Cox, Paul M. (North Carolina)

Elections, North Carolina (North Carolina)

Judge(s)

Boyle, Terrence William (North Carolina)

Attorney for Plaintiff

Johnson, Noel H. (North Carolina)

Phillips, Kaylan L. (North Carolina)

Sawrey, Benton G. (North Carolina)

Attorney for Defendant

Cox, Paul M. (North Carolina)

Elections, North Carolina (North Carolina)

Steed, Terence (North Carolina)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 5:19-cv-00248	Complaint for Declaratory and Injunctive Relief	June 17, 2019	June 17, 2019 Complaint
17 5:19-cv-00248	First Amended Complaint for Declaratory and Injunctive Relief Public Interest Legal Foundation v. Bell	Aug. 2, 2019	Aug. 2, 2019 Complaint
29 5:19-cv-00248	Order Public Interest Legal Foundation v. Bell	Oct. 17, 2019	Oct. 17, 2019 Order/Opinion 2019 WL 5290920
35 5:19-cv-00248	Opinion from USCA U.S. Court of Appeals for the Fourth Circuit	May 10, 2021	May 10, 2021 Order/Opinion 996 F.3d 257
5:19-cv-00248	Settlement Agreement and Release Public Interest Legal Foundation, Inc. v. Bell	Jan. 18, 2022	Jan. 18, 2022 Settlement Agreement
50 5:19-cv-00248	Joint Stipulation of Dismissal Public Interest Legal Foundation v. Bell	Jan. 31, 2022	Jan. 31, 2022 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/15787930/public-interest-legal-foundation-inc-v-north-carolina-state-board-of/

Last updated Aug. 27, 2025, 1:55 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0417-4986593.), filed by Public Interest Legal Foundation, Inc.. (Attachments: # 1 Exhibit A- Post Election Audit Report, # 2 Exhibit B- NVRA public disclosure report, # 3 Exhibit C- NVRA Violation Report, # 4 Exhibit D- Emails, # 5 Exhibit E- Notice of NVRA Violation, # 6 Exhibit F- Email, # 7 Exhibit G- Letter dated 5/3/19, # 8 Exhibit H- NVRA Violation and Inspection Visit # 9 Exhibit I- Emails, # 10 Exhibit J- NVRA Violation and Inspection Visit) (Sawrey, Benton) Modified on 6/19/2019 to describe exhibits. (Rudd, D.) (Entered: 06/17/2019)	June 17, 2019	June 17, 2019 Clearinghouse
2	Notice filed by Public Interest Legal Foundation, Inc. . (Sawrey, Benton) (Entered: 06/17/2019)	June 17, 2019	June 17, 2019 PACER
3	Financial Disclosure Statement by Public Interest Legal Foundation, Inc. (Sawrey, Benton) (Entered: 06/17/2019)	June 17, 2019	June 17, 2019 PACER
4	Notice filed by Public Interest Legal Foundation, Inc. . (Sawrey, Benton) (Entered: 06/17/2019)	June 17, 2019	June 17, 2019 PACER
5	Notice of Appearance filed by Benton G. Sawrey on behalf of Public Interest Legal Foundation, Inc.. (Sawrey, Benton) (Entered: 06/17/2019)	June 17, 2019	June 17, 2019 PACER
6	Notice filed by Public Interest Legal Foundation, Inc. regarding 1 Complaint, Exhibit K- Letter to Noel Johnson dated May 22, 2019. (Sawrey, Benton) Modified on 6/19/2019 to describe exhibit. (Rudd, D.) (Entered: 06/18/2019)	June 17, 2019	June 17, 2019 PACER
7	Notice of Special Appearance for non-district by Noel H. Johnson on behalf of Public Interest Legal Foundation, Inc.. (Johnson, Noel) (Entered: 06/18/2019)	June 18, 2019	June 18, 2019 PACER
8	Summons Issued as to North Carolina State Board of Elections. (NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.) (Rudd, D.) (Entered: 06/19/2019)	June 19, 2019	June 19, 2019 PACER
	Notice to Counsel - Counsel did not properly identify exhibits pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual. (i.e., "Exhibit A" is not a sufficient description). Additionally, when filing a document with more than five exhibits, the first attached exhibit must be an index of all the subsequent attachments. (Rudd, D.)	June 19, 2019	June 19, 2019 PACER
	Notice to Counsel	June 19, 2019	June 19, 2019 PACER
	Notice to Counsel regarding: 2 Notice - other, 4 Notice - other. When filing a stand alone document using the event "Notice-other". Counsel should describe the filing in the space indicated (i.e. Proposed Summons, Civil Cover Sheet). No action needed at this time. (Rudd, D.)	June 19, 2019	June 19, 2019 PACER
	Case Selected for Mediation	June 26, 2019	June 26, 2019 PACER
	Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Stouch, L.)	June 26, 2019	June 26, 2019 PACER
9	Affidavit of Service for Complaint for Declaratory and Injunctive Relief filed by Public Interest Legal Foundation, Inc. served on Katelyn Love on 06/24/2019. (Johnson, Noel) (Entered: 07/03/2019)	July 3, 2019	July 3, 2019 PACER
10	Notice of Appearance filed by Paul M. Cox on behalf of North Carolina State Board of Elections. (Cox, Paul) (Entered: 07/12/2019)	July 12, 2019	July 12, 2019 PACER
11	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by North Carolina State Board of Elections. (Attachments: # 1 Exhibit 1 LULAC v. PILF Complaint, # 2 Exhibit 2 May 3, 2019 Correspondence with PILF, # 3 Exhibit 3 LULAC v. PILF Memorandum Opinion & Order) (Cox, Paul) (Entered: 07/15/2019)	July 15, 2019	July 15, 2019 PACER
12	Memorandum in Support regarding 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by North Carolina State Board of Elections. (Cox, Paul) (Entered: 07/15/2019)	July 15, 2019	July 15, 2019 PACER
14	Ex Parte Motion to Seal 13 PROPOSED SEALED EX PARTE MOTION by Defendant North Carolina State Board of Elections . (Attachments: # 1 Text of Proposed Order) (Cox, Paul) (Entered: 07/19/2019)	July 19, 2019	July 19, 2019 PACER
15	SEALED Ex Parte ORDER. Signed by Chief Judge Terrence W. Boyle on 7/30/2019. (Stouch, L.) (Entered: 07/31/2019)	July 31, 2019	July 31, 2019 PACER
17	AMENDED COMPLAINT against North Carolina State Board of Elections, Karen Brinson Bell, filed by Public Interest Legal Foundation, Inc.. (Attachments: # 1 Index Index of Exhibits, # 2 Exhibit Exhibit A - Post Election Audit Report (2016), # 3 Exhibit Exhibit B - County Record Requests, # 4 Exhibit Exhibit C - County Violation Notices, # 5 Exhibit Exhibit D - Email Chain with Patrick Gannon, # 6 Exhibit Exhibit E - NCSBE Violation Notice, # 7 Exhibit Exhibit F - Email to Executive Director, # 8 Exhibit Exhibit G - Letter from Josh Lawson, # 9 Exhibit Exhibit H - Plaintiff's Response to Josh Lawson, # 10 Exhibit Exhibit I - Email Chain with Paul Cox, # 11 Exhibit Exhibit J - Plaintiff's Inspection Visit Letter, # 12 Exhibit Exhibit K - Letter from Paul Cox) (Johnson, Noel) (Entered: 08/02/2019) 1 Index Index of Exhibits View on PACER 2 Exhibit Exhibit A - Post Election Audit Report (2016) View on PACER 3 Exhibit Exhibit B - County Record Requests View on PACER 4 Exhibit Exhibit C - County Violation Notices View on PACER 5 Exhibit Exhibit D - Email Chain with Patrick Gannon View on PACER 6 Exhibit Exhibit E - NCSBE Violation Notice View on PACER 7 Exhibit Exhibit F - Email to Executive Director View on PACER 8 Exhibit Exhibit G - Letter from Josh Lawson View on PACER 9 Exhibit Exhibit H - Plaintiff's Response to Josh Lawson View on PACER 10 Exhibit Exhibit I - Email Chain with Paul Cox View on PACER 11 Exhibit Exhibit J - Plaintiff's Inspection Visit Letter View on PACER 12 Exhibit Exhibit K - Letter from Paul Cox View on PACER	Aug. 2, 2019	Aug. 2, 2019 Clearinghouse
18	Notice filed by Public Interest Legal Foundation, Inc. regarding 17 Amended Complaint,,, Proposed Summons. (Johnson, Noel) (Entered: 08/02/2019)	Aug. 2, 2019	Aug. 2, 2019 PACER
19	Summons Issued as to Karen Brinson Bell. (NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.) (Stouch, L.) (Entered: 08/05/2019)	Aug. 5, 2019	Aug. 5, 2019 PACER
20	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint filed by North Carolina State Board of Elections. (Attachments: # 1 Exhibit 1 Complaint, LULAC v. PILF, # 2 Exhibit 2 May 3, 2019 Correspondence with PILF, # 3 Exhibit 3 LULAC v. PILF Memorandum Opinion & Order, # 4 Exhibit 4 Stipulated Dismissal Order, LULAC v. PILF) (Cox, Paul) (Entered: 08/05/2019) 1 View on RECAP 2 View on RECAP 3 View on RECAP	Aug. 5, 2019	Aug. 5, 2019 PACER
21	Memorandum in Support regarding 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint filed by North Carolina State Board of Elections. (Cox, Paul) (Entered: 08/05/2019)	Aug. 5, 2019	Aug. 5, 2019 PACER
22	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the First Amended Complaint, joining the motion and brief filed by the North Carolina State Board of Elections (DE 20, 21), filed by Karen Brinson Bell. (Cox, Paul) (Entered: 08/07/2019)	Aug. 7, 2019	Aug. 7, 2019 PACER
23	Notice of Special Appearance for non-district by Kaylan L. Phillips on behalf of Public Interest Legal Foundation, Inc.. (Phillips, Kaylan) (Entered: 08/07/2019)	Aug. 7, 2019	Aug. 7, 2019 PACER
24	Affidavit of Service for Amended Summons in a Civil Action and Complaint for Declaratory and Injunctive Relief filed by Public Interest Legal Foundation, Inc. served on Katelyn Love on 08/06/2019. (Johnson, Noel) (Entered: 08/09/2019)	Aug. 9, 2019	Aug. 9, 2019 PACER
26	RESPONSE in Opposition regarding 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint, 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the First Amended Complaint, joining the motion and brief filed by the North Carolina State Board of Elections (DE 20, 21), filed by Public Interest Legal Foundation, Inc.. (Attachments: # 1 Exhibit PILF v. Reed Order, # 2 Exhibit VIP-NC Records Request Letter) (Johnson, Noel) (Entered: 08/26/2019)	Aug. 26, 2019	Aug. 26, 2019 PACER
27	REPLY to Response to Motion regarding 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint, 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the First Amended Complaint, joining the motion and brief filed by the North Carolina State Board of Elections (DE 20, 21), filed by Karen Brinson Bell, North Carolina State Board of Elections. (Attachments: # 1 Exhibit Exhibit 1 Exhibits from LULAC Case, # 2 Exhibit Exhibit 2 PILF v Reed, Motion to Dismiss) (Cox, Paul) (Entered: 09/09/2019)	Sept. 9, 2019	Sept. 9, 2019 PACER
	Motion Submitted	Sept. 10, 2019	Sept. 10, 2019 PACER
	Motions Submitted to Chief Judge Terrence W. Boyle regarding 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the First Amended Complaint, joining the motion and brief filed by the North Carolina State Board of Elections (DE 20, 21), 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint. (Stouch, L.)	Sept. 10, 2019	Sept. 10, 2019 PACER
28	Notice filed by Karen Brinson Bell, North Carolina State Board of Elections regarding 27 Reply to Response to Motion,, clarifying a passage in the Reply. (Cox, Paul) (Entered: 09/13/2019)	Sept. 13, 2019	Sept. 13, 2019 PACER
29	ORDER granting 20 Motion to Dismiss for Failure to State a Claim and 22 Motion to Dismiss for Failure to State a Claim and denying as moot 11 Motion to Dismiss for Failure to State a Claim. Signed by Chief Judge Terrence W. Boyle on 10/16/2019. (Stouch, L.) (Entered: 10/17/2019)	Oct. 17, 2019	Oct. 17, 2019 Clearinghouse
30	SEALED Ex Parte ORDER. Signed by Chief Judge Terrence W. Boyle on 10/16/2019. (Stouch, L.) (Entered: 10/17/2019)	Oct. 17, 2019	Oct. 17, 2019 PACER
31	JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED that defendants' motions to dismiss [DE 20 & 22] are GRANTED. The pending motion to dismiss the original complaint [DE 11] is DENIED AS MOOT. This case is closed. Signed by deputy clerk for Peter A. Moore, Jr., Clerk of Court on 10/17/2019. (Stouch, L.) (Entered: 10/17/2019)	Oct. 17, 2019	Oct. 17, 2019 PACER
32	Notice of Appeal filed by Public Interest Legal Foundation, Inc. as to 31 Judgment, 30 SEALED Order, 15 SEALED Order, 29 Order on Motion to Dismiss for Failure to State a Claim,,,,,. Filing fee, receipt number 0417-5176305. (Johnson, Noel) (Entered: 11/07/2019)	Nov. 7, 2019	Nov. 7, 2019 RECAP
33	Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding 32 Notice of Appeal. (Rudd, D.) (Entered: 11/08/2019)	Nov. 8, 2019	Nov. 8, 2019 PACER
34	US Court of Appeals Case Number 19-2265 (Richard Sewell, Case Manager) as to 32 Notice of Appeal, filed by Public Interest Legal Foundation, Inc.. (Foell, S.) (Entered: 11/13/2019)	Nov. 13, 2019	Nov. 13, 2019 PACER
35	Published Opinion from Fourth Circuit Court of Appeals. Vacated & remanded with instructions. (Foell, S.) (Entered: 05/10/2021)	May 10, 2021	May 10, 2021 Clearinghouse
36	US Court of Appeals Judgment as to 32 Notice of Appeal, filed by Public Interest Legal Foundation, Inc.. (Foell, S.) (Entered: 05/10/2021)	May 10, 2021	May 10, 2021 PACER
38	MANDATE of US Court of Appeals as to 32 Notice of Appeal, filed by Public Interest Legal Foundation, Inc. (Foell, S.) (Entered: 06/01/2021)	June 1, 2021	June 1, 2021 PACER
39	ORDER - The parties are ORDERED to confer and propose a schedule for proceeding in accordance with the court of appeals' mandate. The parties shall submit their proposed schedule(s) within twenty-one (21) days of the date of entry of this order. Signed by District Judge Terrence W. Boyle on 6/10/2021. (Stouch, L.) (Entered: 06/11/2021)	June 11, 2021	June 11, 2021 RECAP
40	ANSWER to 17 Amended Complaint by Karen Brinson Bell. (Cox, Paul) (Entered: 06/15/2021)	June 15, 2021	June 15, 2021 RECAP
41	STATUS REPORT and Proposed Schedule (Joint) by Public Interest Legal Foundation, Inc. (Johnson, Noel) (Entered: 07/01/2021)	July 1, 2021	July 1, 2021 RECAP
42	ORDER - The parties shall provide a status update every thirty (30) days following the date of entry of this order. The Court will hold the matter in abeyance pending notification that the matter has settled or that the parties have been unable to reach an agreement. Signed by District Judge Terrence W. Boyle on 7/7/2021. (Stouch, L.) (Entered: 07/07/2021)	July 7, 2021	July 7, 2021 RECAP
43	STATUS REPORT (Joint) by Public Interest Legal Foundation, Inc. (Johnson, Noel) (Entered: 08/06/2021)	Aug. 6, 2021	Aug. 6, 2021 RECAP
44	STATUS REPORT (Joint) by Public Interest Legal Foundation, Inc. (Johnson, Noel) (Entered: 09/03/2021)	Sept. 3, 2021	Sept. 3, 2021 RECAP
45	Notice of Substitution of Counsel filed by Terence Steed on behalf of Karen Brinson Bell substituting for Paul M. Cox. (Steed, Terence) (Entered: 09/07/2021)	Sept. 7, 2021	Sept. 7, 2021 RECAP
46	STATUS REPORT (Joint) by Public Interest Legal Foundation, Inc. (Johnson, Noel) (Entered: 10/04/2021)	Oct. 4, 2021	Oct. 4, 2021 RECAP
47	STATUS REPORT (Joint) by Public Interest Legal Foundation, Inc. (Johnson, Noel) (Entered: 11/01/2021)	Nov. 1, 2021	Nov. 1, 2021 RECAP
48	STATUS REPORT (Joint) by Public Interest Legal Foundation, Inc. (Johnson, Noel) (Entered: 12/01/2021)	Dec. 1, 2021	Dec. 1, 2021 RECAP
49	STATUS REPORT (Joint) by Public Interest Legal Foundation, Inc. (Johnson, Noel) (Entered: 01/04/2022)	Jan. 4, 2022	Jan. 4, 2022 RECAP
50	STIPULATION of Dismissal (Joint) by Public Interest Legal Foundation, Inc. (Johnson, Noel) (Entered: 01/31/2022)	Jan. 31, 2022	Jan. 31, 2022 Clearinghouse