DOJ Sues States for Voter Data, Citing Election Integrity and Citizenship Verification

The Department of Justice (DOJ) has initiated lawsuits against 18 states and one county in Georgia, seeking access to state voter registration data. The DOJ states its objective is to ensure states comply with federal laws concerning the maintenance of accurate voter rolls. During a federal court hearing, the DOJ confirmed its intent to share this acquired voter data with the Department of Homeland Security (DHS) for U.S. citizenship verification through the SAVE system. These actions have encountered opposition from states and have led to dismissals of several lawsuits by federal judges.

DOJ Targets 18 States and Fulton County, Georgia

The Department of Justice has filed legal actions against 18 states, predominantly those led by Democratic administrations and which former President Trump did not win in the 2020 election. The lawsuits seek complete, unredacted voter registration lists, including driver's license numbers and partial Social Security numbers. The DOJ asserts these requests are necessary to verify state compliance with federal laws regarding voter roll maintenance and to protect election integrity.

Among the states recently sued are Colorado, Hawaii, Massachusetts, and Nevada. The DOJ had previously sued more than two dozen states, including Rhode Island, California, Oregon, and Michigan. Assistant Attorney General for Civil Rights Harmeet Dhillon stated the department's aim is to ensure states comply with federal election laws.

In a separate legal action, the Justice Department has filed a lawsuit against Fulton County, Georgia, seeking the release of all ballots and associated records from the 2020 election. Fulton County has been referenced in claims by former President Trump and his allies concerning alleged irregularities in the 2020 election. This legal action follows the dismissal of an election interference case against Mr. Trump and his associates that had been brought by county prosecutors.

Voter Data to be Shared with DHS for Citizenship Checks

During a federal court hearing in Rhode Island, the DOJ confirmed its intention to share voter registration data obtained from states with the Department of Homeland Security (DHS). This data exchange is planned to facilitate U.S. citizenship verification through the DHS system known as SAVE (Systematic Alien Verification for Entitlements).

The SAVE system, which was modified by the Trump administration, functions as a citizenship lookup tool utilizing a person's name, date of birth, and Social Security number. Federal officials have encouraged states to process their voter rolls through the updated SAVE system to identify potential noncitizens. Assistant Attorney General Harmeet Dhillon has referenced the use of this citizenship lookup tool for processing voter records.

The Justice Department has not yet made a public announcement about a formal data sharing agreement with DHS or provided an opportunity for public comment, which is typically required under the Privacy Act.

States and Advocates Resist, Citing Privacy and Disenfranchisement Risks

Many of the targeted states have declined to provide the requested information, citing privacy restrictions. State officials from across the political spectrum and voting rights advocates have raised concerns about the federal government's requests.

Colorado Secretary of State Jena Griswold stated the state would not hand over sensitive voting information, asserting that the administration does not have a legal right to it. California Secretary of State Shirley Weber also reiterated her commitment to enforcing state election laws, which include protecting Californians' data privacy. Governor Gavin Newsom's office characterized a related court decision as another instance of "Trump and his administration losing to California."

Voting rights advocates, including Dan Lenz of the Campaign Legal Center, have expressed concerns regarding potential disenfranchisement of eligible voters. They note that some U.S. citizens have been incorrectly flagged by the SAVE system. Advocates also questioned whether the DOJ's data requests were part of a broader initiative impacting state authority over elections and voter roll maintenance, and raised concerns regarding compliance with the Privacy Act and other data protection regulations.

Federal Judges Dismiss Lawsuits, Calling Requests "Unprecedented and Illegal"

Federal judges have dismissed several of the DOJ's lawsuits seeking voter data in states including California, Oregon, and Michigan.

U.S. District Judge David O. Carter, who presided over the California case, described the government's request as "unprecedented and illegal."

He ruled that the DOJ's demand for sensitive Californian data could exert a "chilling effect" on citizens, particularly political minority groups and working-class immigrants, potentially deterring them from registering to vote or casting ballots due to concerns over how their information might be utilized.

Judge Carter questioned the Justice Department's motivations, viewing the lawsuit as an overreach into state-run elections and a potential threat to American democracy. He also critiqued the DOJ's use of federal civil rights laws, arguing these laws were intended to protect voting rights and not to collect confidential voter data. He further characterized the lawsuit as a "fishing expedition." The U.S. Constitution generally assigns states the authority to administer their own elections with minimal executive branch involvement.

Judge Carter's decision is the first to emerge from the numerous voter data lawsuits nationwide, and an appeal is expected. A district judge in Oregon has also indicated a similar intent to dismiss a related case.

Background and Related Developments

In previous instances, some states, including Texas and Louisiana, have used the SAVE system, reporting small numbers of potential noncitizens on their rolls. However, reports also indicate that after reviewing millions of records, the SAVE system has not produced evidence of widespread voter fraud. In 2017, prior attempts by the Trump administration to obtain similar election data were largely rejected by states, though during the administration's second term, at least eight Republican-led states voluntarily provided or committed to providing their full statewide registration lists.

Separately, former President Trump announced on social media a pardon for Tina Peters, a former Colorado county clerk. Peters is serving a nine-year sentence following a conviction for unauthorized access to voting equipment, an action she undertook to investigate the 2020 election. Presidential pardons apply to federal offenses; Peters was convicted on state charges, and the authority to pardon state crimes rests with Colorado's governor.

The Department of Justice also recently announced a review of Colorado's prison system.