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.
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/
Boyle, Terrence William (North Carolina)
Johnson, Noel H. (North Carolina)
Phillips, Kaylan L. (North Carolina)
Cox, Paul M. (North Carolina)
Elections, North Carolina (North Carolina)
Documents in the Clearinghouse
Docket
See docket on RECAP: https://www.courtlistener.com/docket/15787930/public-interest-legal-foundation-inc-v-north-carolina-state-board-of/
Last updated April 5, 2026, 4:29 a.m.
Case Details
State / Territory:
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: June 17, 2019
Closing Date: Jan. 31, 2022
Case Ongoing: No
Plaintiffs
Plaintiff Description:
A public interest organization promoting the integrity of elections nationwide
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
State
Executive Director of the State Board of Elections
North Carolina State Board of Elections
Defendant Type(s):
Case Details
Causes of Action:
Other Dockets:
Eastern District of North Carolina 5:19-cv-00248
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Granted:
Source of Relief:
Form of Settlement:
Amount Defendant Pays: $5,000
Issues
Voting:
Case Summary of Public Interest Legal Foundation v. North Carolina State Board, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/44681/ (last updated 3/4/2025).