Key Takeaways

• The DOJ is suing six additional Democrat-led states for not providing sensitive voter information, raising the total to 14 states.
• States have largely resisted DOJ demands for full voter registration lists, with Indiana and Wyoming the only states to comply.
• Experts warn about the implications for data security and due process for local governments amidst ongoing litigation.

Overview of DOJ Legal Actions

The Justice Department (DOJ) has filed lawsuits against six more Democrat-led states—Delaware, Maryland, New Mexico, Rhode Island, Vermont, and Washington—over their failure to provide sensitive registered voter information. This brings the total number of states facing such legal challenges to 14. These lawsuits allege noncompliance with several federal laws, including the Civil Rights Act, the National Voter Registration Act, and the Help America Vote Act.

Previously, lawsuits were also filed against Oregon, Maine, California, Michigan, Minnesota, New York, New Hampshire, and Pennsylvania. Legal scholars anticipate that the DOJ may expand its litigation to additional Democratic states, urging them to take proactive measures to safeguard voter data.

According to the Brennan Center for Justice, since May, the DOJ’s Civil Rights Division has demanded full voter registration lists from at least 40 states, requesting personal information such as driver’s license numbers and Social Security digits. However, only Indiana and Wyoming have complied, while most states either have refused or provided only publicly available information. This trend raises questions about the DOJ’s approach, as many perceive that focusing solely on Democrat-led states may serve to advance a particular narrative around election integrity rather than address widespread noncompliance.

The lawsuits highlight the DOJ’s claim that maintaining accurate voter rolls is essential for ensuring free and fair elections. The legal focus, particularly in Delaware, centers on Title III of the Civil Rights Act of 1960, which mandates that election officials preserve all relevant voting records. The DOJ argues that this title grants them significant authority to obtain these records.

Opponents of the DOJ’s stance, including law professors, contend that states are obligated under their privacy laws to protect residents’ sensitive information. This conflict raises major concerns for local governments which may face newly unfunded mandates to secure and transfer vast amounts of personal data if the DOJ prevails in its lawsuits.

As the lawsuits unfold, local officials must navigate two pressing issues:

1. Data Security: If the DOJ wins, local election offices will be required to secure sensitive information, creating a heavy, potentially unfunded liability that could stretch their existing resources.

2. Due-Process Integrity: There is concern that the DOJ aims to use the data for large-scale automated list maintenance, prompting local governments to review and strengthen protocols for citizens identified for removal from voter rolls.

As this legal battle continues, states may need to balance federal requirements with local privacy laws, an ongoing tension that highlights the complexities of election administration and voter data security in the current political landscape.

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