DOJ DEMANDS SENSITIVE VOTER DATA FROM STATES IN APPARENTLY ILLEGAL BID TO PURGE VOTER ROLLS
NEWS & RESEARCH
n May 2025, the U.S. Department of Justice (DOJ) demanded state voter registration lists containing sensitive personal data, including Social Security and driver's license numbers. Citing privacy laws, 36 states refused, prompting the DOJ to sue 30 states and D.C. to force compliance. The DOJ even conditioned the removal of federal immigration officers in Minnesota on compliance. While the administration offered no justification, experts believe the data will be used to build a national voter file and purge voter rolls. Notably, the mandate requires states to sign agreements to remove DOJ-flagged voters within 45 days.
SOURCES: The Conversation | Brennan Center for Justice | Washington Post | New York Times | Campaign Legal Center | State Democracy Research Initiative | StateScoop
ANALYSIS & OPINION
The DOJ is asking for highly sensitive data that, when mishandled or leaked, can lead to identity theft and financial fraud. According to analysis by the Electronic Privacy Information Center, the administration's efforts represent a "data security disaster waiting to happen," as "the DOJ is woefully unprepared to protect [this] data." However, this case is about much more than privacy—the Campaign Legal Center (CLC) fears that "eligible voters would almost certainly be caught up in such purges." Legal experts, including the CLC, have concluded that the administration's efforts are illegal. "The U.S. Constitution clearly gives the power to regulate and administer elections to the states and Congress, not the executive branch. These actions by the DOJ trample on our government's separation of powers." Additionally, the National Voter Registration Act forbids states from removing voters from the rolls without first providing notice and waiting two federal election cycles—a timeline that makes the DOJ's 45-day deadline impossible to meet without breaking federal law. Both Republicans and Democrats have opposed the measure.
SOURCES: NPR | Electronic Privacy Information Center | The Conversation | Campaign Legal Center | Washington Post | Brennan Center for Justice
HOW TO FIX IT
Litigation:
Federal courts have already dismissed the DOJ’s lawsuits on the merits in eight of the 30 states. Other judges should follow suit.
The American Civil Liberties Union (ACLU) and several partner organizations have filed a lawsuit (Common Cause v. U.S. Department of Justice) against the DOJ to “stop [its] unauthorized intrusion into election administration and voters’ private data.”
Federal Action:
Vote NO on the SAVE America Act and the Make Elections Great Again Act (MEGA), which would incentivize states to submit their voter registration lists to the Department of Homeland Security and would give the federal government more authority to force states to hand over their voter data.
Pass the Voter Purge Protection Act, which would amend the National Voter Registration Act to bar states from removing voters without "objective and reliable evidence" of their ineligibility—a direct legal counter to the DOJ's 45-day purge mandate.
Pass legislation explicitly prohibiting national voter databases and barring federal agencies from collecting statewide voter registration files that contain non-public personal information without congressional authorization.
State Action:
States should replicate Washington's SB 5892, passed in direct response to the DOJ's demands, which makes unauthorized disclosure of private voter data a Class C felony.
Legislation: S.2994 - Voter Purge Protection Act | SB 5892 (Washington) - Concerning protection of the voter registration database
