April 28, 2026·1:23-cv-00389-·Published·FRIEDLAND·By Aisha Johnson
The Ninth Circuit affirmed the dismissal of a lawsuit alleging that Hawaii violated the National Voter Registration Act by refusing to provide a statewide voter list. The court held that while the plaintiff had standing and the claim was ripe, the statute does not require states to disclose voter lists themselves.
Background
The Public Interest Legal Foundation requested a statewide list of registered voters from Hawaii’s State Elections Office under the National Voter Registration Act. The office declined, directing the foundation to request separate county-level lists. The foundation sued in district court, which dismissed the case for lack of jurisdiction. The Ninth Circuit reviewed the dismissal de novo.
The court’s reasoning
The panel held that the denial of a request for information under the National Voter Registration Act causes an injury in fact sufficient for standing, distinguishing the case from TransUnion. The court found the claim was ripe because the state’s refusal was final and concrete. On the merits, the court interpreted the statute to mean that covered records concern the implementation of programs ensuring list accuracy, not the voter lists themselves.
What it means going forward
State election offices are not required under the National Voter Registration Act to provide statewide voter registration lists upon request, though they must disclose records regarding the implementation of list maintenance programs.
