Federal Judge Rejects Colorado Secretary of State's Attempt to Dismiss Lawsuit Over Withholding of Voter Data

In a major blow to the Colorado Secretary of State, a federal judge has rejected an attempt by Jena Griswold to dismiss a lawsuit brought against her office. The lawsuit alleges that Griswold's office has been withholding data about deceased voters in violation of federal law.

The case centers around the Electronic Registration Information Center (ERIC), a data-sharing organization that allows states to maintain accurate voter registries. ERIC regularly sends out reports about deceased and likely deceased voters to its member states, using data from the Social Security Administration.

However, in 2021, Griswold's office refused to provide these reports to the Public Interest Legal Foundation (PILF), which claims to work towards preventing voter fraud. PILF argues that under the National Voter Registration Act, the state is required to make all records concerning voter list maintenance activities available to the public.

In response to PILF's request for these records, Griswold's deputy secretary of state claimed that the ERIC reports are not considered part of their activities and therefore, they do not have to produce the reports. PILF argued that the reports are crucial for maintaining accurate voter rolls and that the state is in violation of federal law by not providing them.

Judge Philip A. Brimmer rejected Griswold's motion to dismiss the case, stating that federal law requires the disclosure of information related to list-maintenance activities. He also addressed Griswold's concern regarding privacy of motor vehicle records and the confidentiality of ERIC's data, stating that any legitimate exceptions could be solved by redacting specific information rather than withholding all records.

This is not the first time PILF has filed suit against states for similar data related to voter lists. In Alaska, a federal judge recently approved a settlement that allows PILF to receive deceased voter reports from ERIC with redactions.

The case has highlighted the controversy surrounding ERIC and its Republican-led member states. Some states have withdrawn from the organization after conservative conspiracies began to surface about it. However, a former Republican secretary of state for Alabama has defended the organization, stating that the criticism is "ill-informed, uninformed, or uneducated."

This ruling is a significant victory for PILF and serves as a reminder that all states must adhere to federal laws when it comes to maintaining accurate voter lists. The case, titled Public Interest Legal Foundation, Inc. v. Griswold, will continue to unfold as more information is revealed about the alleged withholding of data by Griswold's office.