Judicial Watch, Inc. v. Lamone
Decision Date | 04 June 2018 |
Docket Number | Civil Action No. ELH-17-2006 |
Parties | JUDICIAL WATCH, Inc. Plaintiff, v. LINDA LAMONE, et al. Defendants. |
Court | U.S. District Court — District of Maryland |
This litigation concerns a request for voter registration records pertaining to Montgomery County, Maryland.
Plaintiff Judicial Watch, Inc. ("Judicial Watch") has sued a host of defendants, including Linda Lamone, the Maryland Administrator of Elections, alleging violation of § 8(i)(1) of the National Voter Registration Act of 1993 ("NVRA" or the "Act"), codified, as amended, at 52 U.S.C. § 20507(i)(1). See ECF 1 ("Complaint"). Judicial Watch has also sued David McManus, Jr., the Chairman of the Maryland State Board of Elections ("SBE"); Patrick Hogan, the Vice-Chairman of the SBE; Jared DeMarinis, the Public Information Act Officer and Director of the Division of Candidacy and Campaign Finance for SBE; SBE Members Michael Cogan, Kelley Howells, and Gloria Lawlah (collectively, the ) . Id.1 In addition, plaintiff has sued James Shalleck, the President of the Montgomery County Board of Elections ("MCBE"); Nahid Khozeimeh, the Vice-President of the MCBE; Mary Ann Keeffe, the Secretary of theMCBE; Alexander Vincent and David Naimon, MCBE Members; and Jacqueline Phillips, an MCBE Substitute Member (collectively, the "County Defendants"). Id. Each defendant was sued in his or her official capacity. Id.
Plaintiff submitted two exhibits with its Complaint. See ECF 1-1 ( ); ECF 1-2 ( ).
The State Defendants have filed a "Motion to Dismiss Plaintiff's Complaint or, in the Alternative, For Summary Judgment" (ECF 19), supported by a memorandum of law (ECF 19-1) (collectively, the "State Motion") and exhibits. See ECF 19-2 through ECF 19-4. The County Defendants also moved to dismiss (ECF 20), supported by a memorandum of law (ECF 20-1) (collectively, the "County Motion"). Judicial Watch filed a combined opposition to both motions (ECF 24, "Opposition"), along with three additional exhibits. See ECF 24-1 through ECF 24-4. Defendants have replied. See ECF 29 ("County Reply"); ECF 31 ("State Reply").
No hearing is necessary to resolve the motions. See Local Rules 105.6. For the reasons that follow, I shall deny the State Motion (ECF 19) and I shall grant the County Motion (ECF 20), without prejudice.
Judicial Watch describes itself as a "not-for-profit, educational organization" that is dedicated to "promot[ing] transparency, integrity, and accountability in government." ECF 1, ¶ 5. According to Judicial Watch, it "regularly requests records from state and localgovernments pursuant to Section 8(i) of the NVRA, and state open-records laws . . . ." Id. It then "analyzes all responses and disseminates both its findings and the requested records to the American public to inform it about 'what the government is up to.'" Id. (citation omitted).
On April 11, 2017, Thomas Fitton, President of Judicial Watch, "sent an email to the address for the officers and members of the Maryland State Board of Elections and Maryland's State Administrator, and to the address for the officers and members of the Montgomery County Board of Elections." ECF 1, ¶ 11. The email included a letter to McManus dated April 11, 2017. See ECF 1-1 ("Notice Letter"). Hogan, Cogan, Howells, Lawlah, Lamone, Shalleck, Khozeimeh, Keefe, Vincent, Naimon, Popper, and Nikki Charlson, the Deputy State Administrator of the SBE, were copied on the Notice Letter. ECF 1-1 at 7.3
The Notice Letter, which is appended to the suit (ECF 1-1), was also sent by certified mail to the SBE and the MCBE. ECF 1, ¶ 11. It states, in part, ECF 1-1 at 1-7 (emphasis added):
Judicial Watch received an email from SBE's Nikki Charlson on May 26, 2017, indicating that the SBE had received the Notice Letter. ECF 1, ¶ 18. Further, she stated that the SBE would issue a response to Judicial Watch, and that the SBE would provide Judicial Watch with the "requested documents next week." Id.4
Judicial Watch received a letter from Lamone on June 5, 2017. Id. ¶ 19. She stated, inter alia, that Maryland's voter list maintenance program complies with the NVRA, that the SBE was compiling "responsive" documents, and that the SBE would provide those documents to Judicial Watch "'shortly.'" Id. ¶¶ 19-20.5
By email dated July 7, 2017 (ECF 1-2), DeMarinis informed plaintiff, id.: ECF 1, ¶¶ 21-22. See Md. Code (2017 Repl., 2017 Supp.), § 3-506(a)(1) of the Election Law Article ("E.L.") ("a list of registered voters shall be provided to a Maryland registered voter") that (emphasis added).
On July 11, 2017, Popper, as counsel for plaintiff, spoke with DeMarinis by telephone. ECF 1, ¶ 24. During that call, Popper noted that because Judicial Watch is...
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