D.C. Circuit Won’t Fix Deeply Flawed Ruling in EPIC’s Case Against Presidential Election Commission

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The D.C. Circuit Court of Appeals has refused to void an earlier ruling in EPIC’s case to halt the collection of state voter data by the Presidential Election Commission. Although the Commission was disbanded in January, last year’s decision by a three-judge panel of the D.C. Circuit remains on the books. The panel wrongly held that EPIC, a privacy and open government organization, did not have standing to challenge the Commission’s failure to conduct and publish a privacy impact assessment required by law. EPIC asked the full D.C. Circuit to take the rare step of revisiting the panel’s decision, but the court declined. EPIC’s lawsuit previously led the Commission to suspend the collection of voter data, discontinue the use of an unsafe computer server, delete the voter information that was unlawfully obtained. Many states and over 150 members of Congress opposed the Commission’s efforts to collect state voter data. EPIC will continue to pursue the case, which is eligible for appeal to the U.S. Supreme Court. The case is EPIC v. Commission, No. 17-1320 (D.D.C.) & 17-5171 (D.C. Cir.).


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