Cilek v. Office of the Minn. Sec'y of State
Cilek v. Office of the Minn. Sec'y of State
Opinion of the Court
Appellants challenge the district court's grant of summary judgment to respondents, and denial of their summary-judgment motion, on respondents' claim that appellants unlawfully refused to disclose certain voter data that respondents requested under the MGDPA. Because we conclude that the data requested by respondents, and not produced by appellants, are public data, we affirm.
FACTS
Respondent Minnesota Voters Alliance's stated objective is to ensure confidence in the integrity of Minnesota elections. Respondent Andrew Cilek is its executive director (respondents referred to collectively as "the MVA"). On July 21, 2017, the MVA sent a letter to appellants Office of the Minnesota Secretary of State and Steve Simon in his official capacity as Minnesota Secretary of State (appellants referred to collectively as "the secretary of state") requesting access, pursuant to the MGDPA, to "non-private government data" "contained in the Statewide Voter Registration System [ (the SVRS)]."
The SVRS is the centralized voter registration database used by the secretary of state and election officials to administer elections in Minnesota.
Voter registration, status and voting history information on every Minnesota voter, whether active, inactive or deleted [for] whom the secretary of state maintains or has maintained voter registration data from January 1, 2016, to present.
The information requested includes, but is not limited to the following voter data:
• Voter ID #
*329• First middle and last names and any suffix
• Address
• Phone number (if available)
• Year of birth
• Voter history indicating ballot type (ie: in-person or absentee)
• Voter status (ie: active, inactive, deleted challenged, etc)
• Reason for challenge or other status (ie: felon, address, etc)
• All other data routinely provided on the public information CD ("detailed history for all elections")
On August 1, 2017, the secretary of state responded to the MVA's request: "Pursuant to section 201.091, subds. 4 and 5, [the MVA is] entitled only to the public information list." The public information list includes: "voter name, voter address, year of birth of the voter, voting history, information on the voting districts in which the voter resides and is eligible to vote, and the telephone number, if available." See
Citing McGrath v. Minnesota Secretary of State , the secretary of state denied the MVA's request for data that are not on the public information list because "by statute, the only list available for inspection by members of the public is the public information list."See No. A11-613,
On August 10, 2017, the MVA filed a complaint in district court seeking access to the data that the secretary of state refused to provide. The secretary of state moved to dismiss or, in the alternative, for summary judgment, arguing that under Minnesota law, (1) registered voters' data contained on the SVRS is presumed not accessible to the public, and (2) the secretary of state is granted discretion whether to disclose that SVRS data. The secretary of state claimed that section 201.091 protects from public disclosure the SVRS data that it withheld.
On December 18, 2017, the district court denied the secretary of state's motion to dismiss. The district court determined that the secretary of state failed to point to a statute, federal law, or temporary classification that provides that the data requested are not public. The district court further concluded, that while the secretary of state had discretion to disclose "other information" maintained in the SVRS, the secretary of state did not have discretion to classify that other information as not public.
Following failed settlement negotiations, the parties filed cross-motions for summary judgment. On July 11, 2018, the district court granted the MVA's motion for summary judgment and denied the secretary of state's motion for summary judgment. The district court concluded that the MVA is entitled to summary judgment because the MGDPA "presumes government data, including data at issue in this case, [are] public and [the secretary of state] failed to set forth a federal law, state statute or a temporary classification of data that provides that the data requested by [the MVA] [are] not public." This appeal followed.
ISSUE
Did the district court err in granting the MVA's motion for summary judgment and denying the secretary of state's motion for summary judgment based on its determination that the data requested by the MVA are public data under the MGDPA?
*330ANALYSIS
The secretary of state challenges the district court's summary-judgment rulings. This court reviews summary-judgment decisions de novo. Riverview Muir Doran, LLC v. JADT Dev. Grp., LLC ,
Our analysis requires us to review whether the district court properly applied the MGDPA and
The object of all statutory interpretation is to ascertain and effectuate legislative intent.
Under the MGDPA, government data are presumed public and accessible by the public.
When a request to access government data is denied, "the responsible authority ... shall cite the specific statutory section, temporary classification, or specific provision of federal law upon which the determination is based."
Section 13.607 of the MGDPA governs, among other things, election data. It provides: "The sections referred to in this section are codified outside [the MGDPA]. Those sections classify ... election data as other than public, place restrictions on access to government data, or involve data *331sharing."
"The master list" is "a current list of registered voters in each precinct in [a] county."
By February 15 of each year, the secretary of state shall prepare the master list for each county auditor. The records in the [SVRS] must be periodically corrected and updated by the county auditor. An updated master list for each precinct must be available for absentee voting at least 46 days before each election. A final corrected master list must be available seven days before each election.
"Public information lists" must contain "the name, address, year of birth, and voting history of each registered voter in [a] county.... [And] the party choice of any voter who voted in the most recent presidential nomination primary."
An individual may request to inspect a public information list.
The secretary of state may provide copies of the public information lists and other information from the [SVRS] for uses related to elections, political activities, or in response to a law enforcement inquiry from a public official concerning a failure to comply with any criminal ... or any state or local tax statute.
Section 201.091 further restricts access to certain data. "A list provided for public inspection ... must not include a voter's date of birth or any part of a voter's Social Security number, driver's license number, identification card number, military identification card number, or passport number."
Pursuant to the MGDPA, the MVA requested "non-private government data" contained in the SVRS. The secretary of state provided most of the information requested by making available the "current statewide public information list." The secretary of state did not provide data on *332voter status (active, inactive, deleted, challenged), reason for a challenge (felon, address, etc.), or "registration, status and voting history information on every Minnesota voter ... active, inactive or deleted."
The MVA contends that the entirety of its request should have been granted because it requested data from the SVRS, which was a general request to the secretary of state under chapter 13 for public data. The secretary of state counters that
Section 201.091, subdivision 1, does not classify the requested data as not public because there is no indication that the unproduced data is in the master list. By statute, the master list includes "the name, residence address, and date of birth of each voter registered in the precinct."
Nor does section 201.091, subdivision 4, resolve our inquiry because the MVA did not simply request the public information list; the MVA requested "non-private government data" contained in the SVRS. The secretary of state partially granted the MVA's request and provided the MVA access to the public information list because there is no dispute that the MVA sought the information for a statutorily permissible use. See
The MVA's request included data in the SVRS that is not on the public information list. Significantly, under section 201.091, subdivision 4, the secretary of state "may" provide "other information from the [SVRS]" if requested for permissible purposes.
The legislative branch is tasked with classifying government data. See
Section 201.091, subdivision 5, is similarly unhelpful to the secretary of state's position. Under this section, "the secretary of state shall provide copies of the public information lists in electronic or other media to any voter registered in Minnesota within ten days of receiving a written or electronic request accompanied by payment of the cost of reproduction."
The secretary of state also relied on an unpublished case from this court that states "by statute the only list available for inspection by members of the public is the public information list."See McGrath ,
We acknowledge that, reading section 201.091 in conjunction with related statutory sections, an argument can be made that the legislature did not intend the bulk of the SVRS database to be accessible to the public. See Am. Family Ins. Grp. v. Schroedl ,
DECISION
Section 201.091 does not classify the data requested by the MVA as not public. Thus, the secretary of state incorrectly relied on section 201.091 as the "specific statutory section" to support its denial of the MVA's request for data. See
Affirmed.
The parties appear to disagree whether all voter-history data was provided. At oral argument, counsel for the MVA asserted that requested data not received included: detailed voter history, ballot type, voter status, and reason for challenge. Counsel for the secretary of state countered that the MVA was provided voter history because that is data contained on the public information list. See
Reference
- Full Case Name
- Andrew CILEK v. OFFICE OF the MINNESOTA SECRETARY OF STATE
- Status
- Published