889 F. Supp. 2d 778
E.D. Va.2012Background
- Court lifted its stay on July 20, 2012 and directed responses on remand; Defendants moved for review July 27, 2012; Project Vote responded August 7, 2012; matter ripe for review.
- Plaintiff alleged NVRA Public Disclosure Provision requires public access to completed voter registration applications; Virginia disclosure restrictions allegedly preempted.
- Court previously held NVRA requires disclosure with SSNs redacted and issued a permanent injunction to disclose those applications; injunction was stayed pending appeal.
- Fourth Circuit affirmed the district court’s decision and remanded for implementation questions; mandate issued July 9, 2012.
- Defendants seek (a) redaction of additional fields beyond SSNs (home address, signature, birth month/day) and (b) postpone commencement of injunction; Plaintiff opposes both and argues NVRA preempts Virginia privacy provisions.
- Court’s stay has been lifted and the injunction remains in force; court denies redactions beyond SSN and denies delaying the injunction’s effect; NVRA preemption of Virginia law remains controlling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Redaction beyond SSNs from voter registrations | Project Vote argues redaction beyond SSNs is not required by NVRA and already addressed. | Defendants argue privacy concerns justify broader redactions. | Denied; NVRA requires disclosure and preempts Virginia restrictions; no additional redactions allowed. |
| Timing of injunction’s commencement | Project Vote contends relief is prospective since final judgment in 2011. | Defendants urge delaying effect to future order. | Denied; injunction remains effective as previously ordered. |
| Preemption of Virginia privacy provisions by NVRA | NVRA preempts state law restricting disclosure. | State privacy protections should not be overridden. | Confirmed; NVRA preempts Virginia law, supporting disclosure as required. |
Key Cases Cited
- Project Vote/Voting for Am., Inc. v. Long, 752 F.Supp.2d 697 (E.D. Va. 2010) ( NVRA disclosure scope; SSN redaction upheld; preemption of state law)
- Project Vote/Voting for Am., Inc. v. Long, 682 F.3d 331 (4th Cir. 2012) ( Fourth Circuit remand; implementation questions left to trial court)
- Gonzalez v. Arizona, 677 F.3d 383 (9th Cir. 2012) (National Mail Voter Registration Form contents; birth date and address included)
- Greidinger v. Davis, 988 F.2d 1344 (4th Cir. 1993) (privacy concerns; SSNs treated as uniquely sensitive)