Federal Judges Dismiss Multiple DOJ Lawsuits Seeking Voter Records
A series of federal judges have dismissed lawsuits filed by the U.S. Department of Justice seeking unredacted voter registration records from multiple states, constituting a pattern of legal losses for the DOJ.
Case Rulings
Rhode Island
On Friday, U.S. District Judge Mary S. McElroy—appointed by former President Donald Trump—dismissed a DOJ lawsuit against the state of Rhode Island. The DOJ had sought unredacted voter registration records under the Civil Rights Act of 1960 (CRA).
Judge McElroy stated that the DOJ's demand "lacks a legally sufficient basis" under the CRA, which requires the agency to provide a "basis" and "purpose" for such demands. The ruling noted the DOJ's demand letter contained no factual allegations suggesting Rhode Island was violating the National Voter Registration Act (NVRA) or the Help America Vote Act (HAVA).
The judge also ruled that even if the DOJ provided a factual basis, the demand would fail because it "lacks a legally sufficient purpose" under the CRA's intended scope. Judge McElroy referred to the DOJ's widespread voter roll demands as a "fishing expedition" and stated that a proposed "curing elaboration letter" from the DOJ "would remain legally insufficient."
Rhode Island Secretary of State Gregg Amore stated the decision affirms the state's position that the DOJ has no legal right to private voter information, adding that voter list maintenance is a state responsibility.
Arizona
On Tuesday, U.S. District Judge Susan Brnovich—also appointed by President Trump—dismissed a DOJ lawsuit against Arizona with prejudice. Judge Brnovich ruled that Arizona's statewide voter registration list is "not a document subject to request by the Attorney General" under federal law.
The DOJ had requested voters' full names, dates of birth, home addresses, and either driver's license numbers or partial Social Security numbers.
Arizona Secretary of State Adrian Fontes stated, "This moment is a win for voter privacy. I will never comply with illegal requests that put Arizona voters in harms way." Attorney General Kris Mayes also declined to provide the data, citing privacy laws.
Broader Legal Context
The Arizona dismissal marks the sixth loss for the DOJ at the district court level in similar lawsuits. Similar cases have been dismissed against California, Oregon, Michigan, Massachusetts, Georgia, and Rhode Island. The DOJ has filed appeals in the cases it has lost.
The DOJ has sued a total of 30 states and Washington, D.C., seeking voter registration records. According to the Brennan Center and the Associated Press:
- 17 states have complied with the DOJ's requests.
- 13 states have provided or promised to provide their detailed voter registration lists: Alaska, Arkansas, Indiana, Louisiana, Mississippi, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, and Wyoming.
Following previous losses, the DOJ has requested permission in 13 states to file new demand letters with a more explicit basis.
Legal Justification and Purpose
The DOJ sought the records under the Civil Rights Act of 1960, stating the data was needed to ensure compliance with the National Voter Registration Act and the Help America Vote Act. In the Rhode Island case, a government lawyer acknowledged plans to share voter information with the Department of Homeland Security to check for noncitizen registrations.
Former President Donald Trump has claimed noncitizens vote in U.S. elections and has supported legislation requiring proof of citizenship for voter registration. The House approved the SAVE America Act in February, but the legislation faces challenges in the Senate, where most legislation requires 60 votes to advance.
Statements and Responses
The DOJ did not immediately respond to requests for comment on the Arizona or Rhode Island rulings.
Judge McElroy's opinion in the Rhode Island case cited the DOJ's earlier loss in the California case, United States v. Weber.