SLO County clerk-recorder accused of violating Public Records Act
July 8, 2025

SLO County Clerk Recorder Elaina Cano
By KAREN VELIE
A California man filed a lawsuit last month against San Luis Obispo County and Clerk-Recorder Elaina Cano for allegedly violating the Public Records Act.
The lawsuit, filed by Shiloh Marx on June 24, accuses Cano of failing to respond to a March 11 records request or a followup request sent on June 17. Marx requested data on inactive voter registrations along with voting activity during federal elections.
Under both federal and California law, a voter’s registration is inactive when a registrant has failed to respond to a confirmation notice and the statutory waiting period has commenced but has not yet concluded.
If a registrant fails to respond to a confirmation notice, and then fails to vote (or contact the registrar) through the next two general federal elections, their voter registration is required by law to be cancelled.
Marx is an election integrity and transparency advocate. In his March 11 email to Cano, he notes potential National Voter Registration Act compliance issue and proposes collaborating on voter statistical data.
In the email, Marx questions why Cano removed only five voter registrations after 5,562 confirmation notices were returned as undeliverable in 2022, according to the email. The lawsuit argues Cano violated the Public Records Act by withholding public voting records.
“Cano’s failure to provide any of the requested voter registration statistics, with
no response to the CPRA request dated March 11 or the follow-up clarification on June 17, and no justification provided …, denies Petitioner access to vital records, breaching California Government Code,” according to the lawsuit.
The lawsuit seeks declaratory and injunctive relief to affirm Cano’s violation and compel her to release the withheld voter data.
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