DOJ Unveils Legal Basis for Nationwide Voter Data Collection Efforts

The Federal Push for Nationwide Voter Data Collection

The Trump administration has released a legal opinion outlining its rationale for nationwide voter data collection, asserting that it is a lawful exercise of federal oversight in vetting voter eligibility. The memo, released by the Department of Justice Office of Legal Counsel, justifies an aggressive federal role in election administration, which courts have repeatedly rejected in related litigation.

"It's not worth the paper it's printed on," said Sarah Copeland Hanzas, Secretary of State for Vermont, in response to the memo. "Or the electrons it takes to store and transmit 41 pages of fantasy."

The Justice Department grounds its rationale in a provision of the 1960 Civil Rights Act, requiring election officials to keep voter records for 22 months after an election to investigate potential civil rights violations. The memo argues that this retention rule also gives the Attorney General authority to obtain copies of those records "upon demand in writing." The memo cites several other federal election laws, including the Help America Vote Act, the National Voter Registration Act, and the Voting Rights Act, as support for the executive branch's efforts.

Courts and States Resist Federal Efforts

Multiple federal courts have rejected the Department of Justice's (DOJ) and the Department of Homeland Security's (DHS) attempts to force states to comply with voter data collection efforts. In fact, six courts, including two judges appointed by the current president, have dismissed half a dozen lawsuits from DOJ and DHS. David Becker, executive director of the Center for Election Innovation and Research, noted that "6 courts, including 2 judges appointed by the current president, think this 'opinion' isn't worth the paper it's written on."

State Election Officials Push Back

Election officials have largely resisted the federal government's demands. West Virginia Secretary of State Kris Warner stated that he had no intention of handing over more information than is already publicly available. "If they want it, they can have it: $500 dollars for [anyone to buy] the statewide list, but they're not getting personal information," Warner said in a January interview. "State law says we're not sharing that and my job is to carry out the law laid out by the West Virginia legislature."

What this means for Election Officials, the Justice Department, and Voting Groups

Election officials will likely continue to resist the federal government's demands for voter data, citing state laws that prohibit sharing personal information. The Justice Department will likely continue to pursue its efforts to collect voter data, potentially leading to further litigation. Voting groups, meanwhile, will likely challenge the legality of the administration's actions, as they have already done with an executive order issued earlier this year.

The Stakes and Next Steps

The administration's efforts to collect voter data have significant implications for election administration and the potential for voter disenfranchisement. As the issue makes its way through the courts, one thing is clear: the debate over voter data collection is far from over. The DOJ's efforts to create its own list of eligible voters, potentially using data collected from states, will be closely watched by election officials, voting groups, and the courts.

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