DOJ National Voter Roll Database Challenge
Common Cause v. U.S. Department of Justice
A pro-voting lawsuit seeking to block the DOJ from creating a national voter database using private voter data.
Background
Common Cause and four of its members filed a lawsuit against the U.S. Department of Justice (DOJ), challenging a federal initiative to collect millions of Americans’ confidential voter data and build a national voter database. According to the complaint, the DOJ has demanded that nearly every state and the District of Columbia turn over unredacted statewide voter registration lists containing highly sensitive personal information, including Social Security numbers, driver’s license numbers, dates of birth and places of birth. Plaintiffs contend that DOJ is using this data — without statutory authorization — to construct a sweeping voter surveillance and purge system, effectively federalizing voter list maintenance. As part of this effort, DOJ has told courts that it plans to run entire state voter lists through the Department of Homeland Security’s Systematic Alien Verification for Entitlements (SAVE) database to identify noncitizens, which plaintiffs characterize as flawed and prone to misidentifying eligible voters. Plaintiffs argue that the DOJ’s plan violates the Administrative Procedure Act, separation of powers principles and federalism principles. They ask the court to block the program and halt further data collection, sharing and use.
Why It Matters
Most states have resisted the DOJ’s unprecedented data demands. The department has sued 30 states and the District of Columbia to force compliance with its data requests. So far, federal courts have dismissed five of the DOJ’s suits, with two holding that the agency’s data demands exceed its statutory authority and violate federal and state privacy laws. But at least 12 and, according to the DOJ, as many as 19 states have acquiesced to its voter data demands, including Alaska, Arkansas, Indiana, Kansas, Louisiana, Mississippi, Nebraska, Ohio, Oklahoma, South Dakota, Tennessee, Texas, and Wyoming.
Latest Updates
- April 21, 2026: Plaintiffs filed their complaint.