DOJ Memo Asserts Authority to Collect Nationwide Voter Data Despite Court Setbacks
Summary
A DOJ Office of Legal Counsel memo argues federal laws authorize nationwide collection of state voter records and sharing with immigration agencies. Courts have dismissed multiple suits seeking the data, while states resist handing over sensitive personal information.
Key points
- The DOJ memo argues that the Civil Rights Act, HAVA, the NVRA and the Voting Rights Act support federal access to state voter records.
- The administration says it plans to cross-check state voter data with immigration records and share it with DHS and immigration enforcement agencies.
- The sought records could include voters’ names, Social Security numbers, home addresses and voting histories.
- Multiple federal courts have dismissed lawsuits by DOJ and DHS seeking to compel states to provide the data.
- States have resisted sharing sensitive personal information; state audits, investigations and lawsuits have found non-citizen voter registration and voting to be rare.
Article Details
- Event Type
- The Department of Justice released a legal opinion asserting federal authority to collect nationwide voter data and oversee state voter rolls.
- Impact
- The effort could give the federal government access to sensitive voter information, including names, Social Security numbers, home addresses, and voting history. Courts have repeatedly rejected related lawsuits, while states and election officials have challenged the legality of the data demands.
People
David BeckerExecutive director of the Center of Election Innovation and Research and former DOJ senior trial attorney in the voting section of the Civil Rights Division; he has argued that the executive branch and White House have no legal or constitutional role in vetting state voter registration.Kris WarnerWest Virginia Secretary of State who said the state would not provide personal voter information beyond what is already publicly available.Sarah Copeland HanzasVermont Secretary of State who criticized the DOJ legal opinion in a statement to CyberScoop.