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The Department of Justice is suing states for sensitive voter data − an election law scholar explains why federal efforts are facing resistance

21 0
01.04.2026

In May 2025, the U.S. Department of Justice began sending letters to state governments demanding copies of statewide voter registration lists. The request was unprecedented: It demanded not only publicly available voter data, such as names and addresses, but also sensitive information, including driver’s license and Social Security numbers.

That data is considered highly sensitive because it can be used to commit identity theft, access financial or government records, and facilitate targeted harassment or intimidation, particularly if the data were mishandled or leaked.

Underlying these requests is the Trump administration’s stated goal of rooting out fraudulent and illegal voting. With voter data in its hands, the DOJ seeks to identify ineligible voters and mandate state election officials to remove those voters from the rolls.

States have responded in a variety of ways. Some have fully complied with the requests, some partially complied, and many outright refused to provide any voter information. For the latter states, the Trump administration has taken the fight to court and sued to get the information, claiming that federal law requires the states to hand it over.

The majority of cases are still going through the courts.

I’m an election law scholar who focuses on election administration. This battle over voter data has raised numerous questions about the Trump administration’s motives, the legality of its actions and, more generally, the role of the federal government in election administration.

The DOJ has a tough road ahead in convincing election officials and judges across the country that all of its demands in these cases are constitutionally legitimate.

States have exclusive authority to govern and administer state and local elections. The federal government, on the other hand, historically has played a much more limited........

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