The Self-Governing Election Administrative State

Federal judges are getting the DOJ voter roll cases terribly wrong

Marly Hornik | September 14, 2026

In September of 2025, the Civil Rights Division of the U.S. Department of Justice launched a wave of litigation against states that refused to comply with a simple request — share a copy of their Statewide Voter Roll (SVR) containing the Social Security number and/or driver license number of every registered voter.  The DOJ sought to verify that only qualified U.S. citizens were registered to vote.  At least 29 states have been sued.

The decisions by federal judges in these lawsuits, ruling against the plaintiff USA in case after case, have been shocking.  Under the guise of justice, the cherished and uniquely American principle of protecting individual rights through dual governance is dissolving.  Meanwhile, the alleged “right” of the Election Administrative State to label whatever it pleases as an “election” gets an anti-constitutional boost.

The Genius of Dual Governance

Before our government divides into three branches, it intentionally divides into two governments.  Every American is protected by a state constitution and the federal constitution.  As noted by President Monroe in 1822, “the whole power of the people, on the representative principle, is divided between them,” so that a betrayal or usurpation of rights by one can be rectified by the other.

James Madison discussed this in Federalist 51, explaining, “In the compound republic of America, the power surrendered by the people is first divided between two distinct........

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