Background
The Public Interest Legal Foundation asked the Wisconsin Elections Commission for a copy of Wisconsin’s voter-registration list under the National Voter Registration Act. The NVRA generally requires states to make records concerning voter-list accuracy and currency available for public inspection and copying at a reasonable cost. But it exempts states that continuously permitted same-day polling-place registration, or required no registration, beginning August 1, 1994. Wisconsin qualifies because it has continuously offered same-day polling-place registration.
The Commission therefore processed the request under Wisconsin law, which protects voters’ birth information and imposes a fee that reached the statutory maximum of $12,500 for the statewide list. The Foundation sued to invalidate Wisconsin’s NVRA exemption, arguing that it violated the equal-state-sovereignty principle discussed in Shelby County v. Holder and the congruence-and-proportionality requirement from City of Boerne v. Flores. The district court rejected those theories and dismissed the complaint.
The Court’s Holding
The Seventh Circuit affirmed. The majority concluded that the Foundation adequately alleged Article III standing at the pleading stage because the $12,500 charge constituted an alleged pocketbook injury. Although the court questioned whether the Foundation could prudentially assert legal theories grounded in states’ sovereign interests—particularly when Wisconsin opposed the suit—it bypassed that nonjurisdictional issue and resolved the case on the merits.
The court held that Shelby County did not undermine the NVRA exemption. Unlike the Voting Rights Act provision in Shelby County, which imposed special federal burdens on selected states, the NVRA provision relieves qualifying states of federal regulation because their registration systems already align with federal policy. The court also held that City of Boerne’s congruence-and-proportionality test was inapplicable because Congress enacted the NVRA under the Elections Clause, not Section 5 of the Fourteenth Amendment. Chief Judge Brennan concurred, agreeing fully with the merits ruling while questioning whether the Foundation had adequately established Article III standing.
Key Takeaways
- Wisconsin remains exempt from the NVRA because it has continuously permitted same-day polling-place voter registration since at least August 1, 1994.
- The equal-state-sovereignty concerns identified in Shelby County do not invalidate an exemption that relieves qualifying states from federal regulatory burdens.
- City of Boerne’s congruence-and-proportionality test applies to legislation enacted under Section 5 of the Fourteenth Amendment, not to the NVRA’s exercise of Congress’s Elections Clause power.
Why It Matters
The decision preserves the NVRA’s differential treatment of states whose longstanding registration practices satisfy the statute’s exemption criteria. Organizations seeking Wisconsin voter records must proceed under applicable state-law procedures rather than the NVRA’s disclosure provision.
The opinion also flags unresolved questions about informational injury and organizational standing. Although the majority found an alleged financial injury sufficient at the pleading stage, Chief Judge Brennan’s concurrence emphasized circuit divisions over when advocacy organizations may sue based on denied information and related expenses.