Public Interest Legal Foundation, Inc. v. Meyer

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
PUBLIC INTEREST LEGAL FOUNDATION,
INC.,
Plaintiff,
v.
NANCY DAHLSTROM, in her official capacity as
Lieutenant Governor for the State of Alaska,
Defendant.
Case No. 1:22-cv-00001-SLG
STIPULATED ORDER
1. This Stipulated Order (“Order”) is entered into by and between Plaintiff
Public Interest Legal Foundation, Inc. (“Plaintiff”) and Alaska Lieutenant Governor Nancy
Dalhstrom (“Defendant”) (collectively, “Parties”).
BACKGROUND
2. In August 2021, Plaintiff requested the following records from Defendant
pursuant to Section 8(i)(1) of the National Voter Registration Act of 1993 (“NVRA”), 52
U.S.C. § 20507(i)(1)1 (the “Request,” attached as Exhibit A):
1. All “ERIC Data” received from ERIC2 during the years 2019, 2020, and 2021
concerning registered voters identified as deceased or potentially deceased
(“ERIC Reports”).
1 NVRA Section 8(i)(1) provides, “Each State shall maintain for at least 2 years and shall make available for public
inspection and, where available, photocopying at a reasonable cost, all records concerning the implementation of
programs and activities conducted for the purpose of ensuring the accuracy and currency of official lists of eligible
voters, except to the extent that such records relate to a declination to register to vote or to the identity of a voter
registration agency through which any particular voter is registered.”
2 “ERIC” is the Electronic Registration Information Center.
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2. All reports and/or statewide-voter-registration-system-generated lists
showing all registrants removed from the list of eligible voters for reason of
death for the years 2019, 2020, and 2021 (“Deceased Cancellation Reports”).
(together, the “Requested Records”);
3. Defendant denied Plaintiff’s request for the ERIC Reports.
4. Defendant granted Plaintiff’s request for the Deceased Cancellation Reports
and provided registrants’ ascension numbers but not their voter identification numbers and
dates of birth.3
5. On January 20, 2022, Plaintiff filed this action against Defendant (the
“Litigation”).
6. Defendant denies liability for the cause of action Plaintiff asserts in the
Litigation.
7. The Parties have negotiated in good faith and now jointly enter into this
Order to resolve Plaintiff’s claims without prolonged and costly litigation.
JURISDICTION
8. This Court has jurisdiction over this matter, pursuant to 28 U.S.C. § 1331
and 52 U.S.C. § 20510.
APPLICABILITY
9. The terms of this Order shall apply to the Parties and their respective
successors and assigns.
3 See AS 15.07.195(a)(4), (d) (providing that voter identification numbers and dates of birth are confidential, while
ascension numbers are not).
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TERMS AND CONDITIONS
General Terms and Conditions
10. The parties to this Order are the Plaintiff and Defendant. Nothing in this
Order shall be construed to make any other person or entity not executing this Order a
third-party beneficiary to this Order.
11. Each undersigned representative of the Parties to this Order certifies that he
or she is fully authorized by the party to enter into and execute the terms and conditions of
this Order and to legally bind such party to this Order.
12. This Order is the entire agreement between the Parties.
13. This Order may be executed in any number of counterpart originals, each of
which shall be deemed to constitute an original agreement, and all of which shall constitute
one agreement. The execution of one counterpart by any party shall have the same force
and effect as if that party had signed all other counterparts.
14. This Order is governed by, and interpreted according to, the laws of the State
of Alaska without regard to conflict of laws principles.
15. The Parties represent that prior to signing this Order, each has read it,
understood its terms and conditions, consulted with counsel, and voluntarily signed it.
16. “ERIC Report Key” means the document attached hereto as Exhibit B.
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Terms Governing Production of Records
17. ERIC Reports
A. 2019 and 2020 ERIC Reports
i. Defendant shall provide to Plaintiff the 2019 and 2020 ERIC
Reports, which shall include all data described in columns 1
through 10 and 13 through 58 of the ERIC Report Key.
ii. Defendant shall redact only the voter identification numbers in
columns 11 and 12 of the ERIC Report Key.
iii. For all registrants appearing in these ERIC Reports, Defendant
shall provide to Plaintiff the registrant’s ascension number.
B. 2021 ERIC Reports
i. Defendant shall provide to Plaintiff the 2021 ERIC Reports,
which shall include all data described in columns 1 through 10
and 13 through 49 of the ERIC Report Key.
ii. Defendant shall redact only the voter identification numbers in
columns 11 and 12 and the data from the Social Security
Administration in columns 50 through 58 of the ERIC Report
Key.
iii. For all registrants appearing in these ERIC Reports, Defendant
shall provide to Plaintiff the registrant’s ascension number.
18. Plaintiff shall forgo and dismiss its claim for voter identification numbers
and date of birth information with respect to the Requested Records.
Terms Governing Time for Production and Future Requests
19. Defendant shall provide the ERIC Reports described above to Plaintiff within
thirty (30) days of the date this Order is issued by the Court.
20. In the event Plaintiff requests ERIC Reports or Deceased Cancellation
Reports from Defendant in the future pursuant to NVRA Section 8(i), Defendant shall
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provide the records to Plaintiff in accordance with the terms of this Order unless Defendant
determines that the law governing disclosure has changed.
ATTORNEY’S FEES, COSTS, AND EXPENSES
21. Each party shall bear its own attorney’s fees, costs, and expenses related to
the Litigation.
RETENTION OF JURISDICTION
22. This Court retains jurisdiction to enforce the disclosure of the 2019, 2020,
and 2021 ERIC Reports under the terms of this Order.
RELEASE AND DISMISSAL
23. Upon entering this Order, the Plaintiff shall release Defendant, and her
respective successors and assigns and any other State of Alaska agencies or officials, from
any claims arising from the conduct related to the Litigation.
24. This Order constitutes a full settlement of and shall resolve all claims made
by Plaintiff against Defendant in this Litigation. Upon entry of this Order, the Parties agree
to and request that this action be dismissed.
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For the Plaintiff: Public Interest Legal Foundation, Inc.
/s/ Noel. H. Johnson 9/13/2023
Noel H. Johnson Date
Counsel for Public Interest Legal Foundation, Inc.
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For the Defendant: Lieutenant Governor Nancy Dahlstrom
/s/ Thomas S. Flynn 9/13/2023
Thomas S. Flynn Date
Assistant Attorney General
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This Stipulated Order is issued this 19th day of September, 2023.
/s/ Sharon L. Gleason
Sharon L. Gleason
United States District Judge
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