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CASE STUDIES IN EMERGENCY ELECTION LITIGATION
The Presidential Advisory Commission
on Election Integrity
Electronic Privacy Information Center
v. Presidential Advisory Commission on Election Integrity
(1:17-cv-1320), ACLU v. Trump (1:17-cv-1351),
and Lawyers' Committee for Civil Rights Under Law
v. Presidential Advisory Commission on Election Integrity
(1:17-cv-1354) (Colleen Kollar-Kotelly, D.D.C.) and Joyner
v. Presidential Advisory Commission on Election Integrity
(Marcia G. Cooke, S.D. Fla. 1:17-cv-22568)
In mid-2017, President Trump created the Presidential Advisory
Commission on Election Integrity. The commission's vice chair
asked all states to submit extensive voter registration data to the
commission. Following states' reluctance to comply and lawsuits
challenging the request, President Trump disbanded the commis-
sion early in 2018.
Subject: Voting irregularities. Topics: Registration procedures;
case assignment.
Privacy Impact Assessment
The Electronic Privacy Information Center (EPIC), an organization estab-
lished in 1994 to focus public attention on emerging privacy and civil liber-
ties issues, filed a federal complaint in the District of the District of Colum-
bia on Monday, July 3, 2017, challenging requests to state election officials by
the vice chair of President Trump's Presidential Advisory Commission on
Election Integrity for detailed, publicly available voter roll data.' EPIC sought
an injunction against collection of personal voter data and an order that
the commission prepare a privacy impact assessment of its requests.2 At a
hearing, EPIC described its membership as approximately 100 persons on its
advisory board.'
President Trump created the advisory commission, chaired by the Vice
President, by executive order on May 11.4 Kansas's secretary of state was
1. Complaint, Elec. Privacy Info. Ctr. v. Presidential Advisory Comm'n on Election In-
tegrity, No. 1:17-cv-1320 (D.D.C. July 3, 2017), D.E. 1 [hereinafter Elec. Privacy Info. Ctr.
Complaint]; Elec. Privacy Info. Ctr. v. Presidential Advisory Comm'n on Election Integrity,
878 F.3d 371, 374, 376 (D.C. Cir. 2017); see Mark Berman & John Wagner, At Least 44 States
Deny Full Data to Voting Panel, Wash. Post, July 6, 2017, at A10.
2. Elec. Privacy Info. Ctr. Complaint, supra note 1, at 10-11; Elec. Privacy Info. Ctr., 878
F.3d at 374, 376.
3. Transcript at 15-18, Elec. Privacy Info. Ctr., No. 1:17-cv-1320 (D.D.C. July 7, 2017,
filed July 9, 2017), D.E. 22 [hereinafter Elec. Privacy Info. Ctr. Hearing Transcript].
4. Exec. Order No. 13,799, 82 Fed. Reg. 22,389 (May 16, 2017); Elec. Privacy Info. Ctr.,
878 F.3d at 375; Dunlap v. Presidential Advisory Comm'n on Election Integrity, 286 F. Supp.
3d 96, 100 (D.D.C. 2017); United to Protect Democracy v. Presidential Advisory Comm'n on
Federal Judicial Center 12/20/2018
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