A federal judge has ruled Illinois must turn over the state's list of registered voters to anyone who wants it, including a politically conservative organization that filed suit, as the judge agreed the list needs to be public to allow the public to make sure the Illinois' elections are on the up and up.
The decision was rendered recently by Judge Sue Myerscough, of U.S. District Court for the Central District of Illinois, which is seated in Springfield. The ruling favored the nonprofit Public Interest Legal Foundation in its dispute with the Illinois State Board of Elections. The Board's Executive Director is Bernadette Matthews, with Kyle Thomas, serving as the cirector of Voting and Registration Systems. Cheryl Hobson is Deputy Director of Voting and Registration Systems. The Foundation is based in Indianapolis.
Myerscough was nominated to the federal bench in 2010 by then President Barack Obama.
In 2019, the Foundation asked the Board for a copy of the statewide voter registration list. The state board refused, saying it was not legally required to furnish a copy, but the list could be viewed on a computer at the Board office in Springfield. A Foundation representative tried to see the list at the office, but was only permitted to search for specific names or birth dates.
The Foundation then sued the Board in July 2020 for allegedly violating the National Voter Registration Act.
The state contended the only public records, in connection with the list, were those pertaining to data and programs that maintain the list. Judge Myerscough rejected this reasoning.
"It would not make sense if the list, as the result of the maintenance activities, could not be viewed if the purpose of viewing the activities is to ensure the output is correct," Myerscough said in her ruling.
The Elections Board also unsuccessfully argued the list should be private.
Myerscough noted the list is available to state and local political committees, as well as to governmental entities for governmental purposes. This led Myerscough to say, "By Illinois' own terms, then, the interest in protecting citizens' privacy is not infringed when the list is made available for viewing."
Myerscough added that "proper redaction of highly sensitive information can be accomplished without an undue burden on the State."
The Board violated the law by providing the list to political committees, but not to the general public, Myerscough ruled.
Myerscough pointed out the law was put into effect to "protect the integrity of the electoral process" and "ensure that accurate and current voter registration rolls are maintained." In order for these aims to be accomplished, the list must be publicly available, Myerscough said.
The judge directed the Board to redact sensitive information from the list, then let the Foundation and the public see the list. She further ordered the Board to pay the Foundation's legal costs in bringing the case.
The Foundation has been represented by in-house attorneys Kaylan Phillips and Susan Becker, as well as by Alice Svenson, of Svenson Law Office in Chicago.
The state has been defended by Illinois Assistant Attorney Generals Kristina Dion, Laura Bautista and Thomas Ewick.