Zimmitti + Wanic: Pennsylvania’s war on election transparency and integrity intensifies
In a shocking display of governmental overreach and disregard for public accountability, Al Schmidt — the Secretary of the Commonwealth of Pennsylvania — has moved to silence outside voices in a case with implications for election integrity across the country.
Attorneys for Schmidt’s office recently notified the America First Policy Institute (AFPI) that it would oppose AFPI’s attempt to file an amicus curiae brief — commonly known as a “friend of the court” brief — after the U.S. Court of Appeals for the Third Circuit blocked access to records required to be publicly available under federal law. It’s a deliberate attempt to choke off transparency, sideline outside scrutiny and further consolidate unchecked power behind closed doors.
Amicus briefs exist to help the courts, not hinder them. They provide context, expert analysis, and broader perspectives on complex legal issues. Liberal and conservative organizations alike file these briefs because courts need a full view of the stakes involved. And they matter: The U.S. Supreme Court routinely hears from amici and the Chief Justice frequently acknowledges their value during oral arguments.
Why would the Pennsylvania Secretary’s Office try to shut that door on AFPI? Because the case involves Pennsylvania’s voter rolls and whether the public has a right to inspect records that could reveal non-citizens illegally registered to vote through a glitch in PennDOT’s system.
Schmidt doesn’t want the public to know what’s in those records. That’s the bottom line.
The Public Interest Legal Foundation (PILF), an organization committed to election integrity, sued for access under the National Voter Registration Act — a federal law that requires voter registration records to be made available for public inspection. A federal appeals court sided with the Secretary, dismissing the case on technical grounds and leaving critical questions unanswered. AFPI tried to offer its expertise and emphasize the broader national importance of the case, including how the court’s decision could negatively impact the public’s ability to obtain records in virtually any context.
That’s when Schmidt’s office moved to block AFPI.
The Secretary has made his true message loud and clear: Only certain voices will be allowed in this courtroom. Not the voices of watchdogs. Not the voices of experts. Not the voices of groups who dare question how elections are managed in Pennsylvania.
Let that sink in. When government officials fight so hard to muzzle outside perspectives, every American should ask: What are they hiding? More to the point, what is Schmidt — who repeatedly refused to investigate voter fraud claims in his current role and as a Philadelphia City Commissioner — hiding?
This country was founded on the principle that people are free only if they are free to voice opposition to their government, and if all viewpoints are allowed to be heard. This move isn’t just disrespectful to public interest groups. It’s a disservice to the people of Pennsylvania, and to the broader principles of open government, transparency, and civic dialogue.
If officials attempt to block non-partisan organizations from offering input in court proceedings that affect millions of voters, then we are witnessing the erosion of our democratic process in real time.
It’s time for voters — especially in Pennsylvania — to ask themselves what kind of officials they want running their elections. Do they want stewards of transparency and accountability? Or do they want political gatekeepers who fear public scrutiny so deeply they’ll fight to keep voices of dissent from the court room.
AFPI has since filed a motion seeking to be heard by the Third Circuit. The Secretary has until June 13 to follow through on his threat to oppose AFPI and silence voices of dissent.
Andrew Zimmitti is senior counsel and Nicholas Wanic is an associate attorney at the America First Policy Institute’s Center for Litigation.
