A state judge dismissed the Republican National Committee’s lawsuit over the state’s handling of voting records late last week, and state officials are now asking a federal judge to do the same with a similar suit.
The RNC sued the Division of Elections last year, accusing the state of “slow walking” access to records regarding voter machines and voter roll maintenance. The party had specifically requested information about the state’s voter rolls and data from vote-counting during the June primary elections, including some records that the state said simply do not exist.
New Jersey’s officials say they have given the RNC a number of substantial voter roll documents, but that OPRA does not require states to create new records for the sake of public requests, like the seal audit logs that track which state workers open a voting machine after an election. State officials said counties maintain the seal audit logs, and the state is unable to produce those records.
Superior Court Judge Robert Lougy agreed.
“An agency has no obligation under OPRA to provide a requester with a copy of a record that does not exist, or an obligation to create such a new record from information in its possession,” Lougy wrote in his order dismissing the case with prejudice.
At issue in the federal lawsuit is the National Voter Registration Act, also known as the Motor Voter Act, which requires states to allow voters to register via mail or at motor vehicle agencies. The RNC accused New Jersey of not properly providing records, which they claim is a violation of the NVRA’s requirements regarding voter list maintenance. New Jersey’s officials say the NVRA does not require states to create new records for the sake of public requests.
“The Division of Elections produced responsive records and attempted in good faith to engage with the RNC to reasonably define the scope of any remaining demands, consistent with state and federal law,” the state’s attorneys said in a filing. “The RNC instead chose to sue on the theory that the NVRA allows it to obtain any election-related materials it wants, in any form it wants, at any time it wants. The NVRA confers no such right.”
Deputy Solicitor General Stephen Ehrlich and Deputy Attorney General Liza Fleming filed the motion to dismiss. District Court Judge Georgette Castner will issue a decision by March 16th, according to a court filing.
