The Electronic Privacy Information Center (EPIC) has filed an amicus brief in the Third Circuit case Voter Reference Foundation v. Schmidt, urging the court to uphold Pennsylvania's rule that bars people who obtain state voter registration lists from publishing them online. EPIC argues that the restriction is a legitimate safeguard for voter privacy and helps prevent the data from being used for harassment, surveillance, or other harmful purposes.
The case centers on whether Pennsylvania's prohibition on internet posting of voter rolls violates the First Amendment. EPIC contends that the state has a compelling interest in protecting voters from the risks of widespread online dissemination, which can amplify misuse far beyond what paper records allow. The brief emphasizes that the rule does not block access to the lists entirely—it only limits their online publication.
EPIC's position aligns with the state's defense of the law, but the brief adds a privacy-focused perspective that goes beyond the state's own arguments. The Third Circuit has not yet ruled, and the outcome could set a precedent for how other states handle the tension between transparency and privacy in election data.