DNC warns states that complied with DOJ voter roll demand may have violated federal law

Democrats warned 10 states Friday that they may have violated federal election law after entering into an agreement with the U.S. Department of Justice (DOJ) to share sensitive voter data. 

In response, Harmeet Dhillon, head of the DOJ’s Civil Rights Division, advised Democrats to “think twice before interfering in a federal investigation,” arguing that such actions could amount to obstruction of justice.

“Organizations should think twice before interfering in a federal investigation and encouraging the obstruction of justice,” Dhillon posted on social media. “Unless they’d like to join the dozens of states that are learning their lesson in federal court.”

In letters to election leaders in each of these states — which include Alabama, Mississippi, Missouri, Montana, Nebraska, South Carolina, South Dakota, Tennessee, Texas, and Utah — Democratic National Committee (DNC) litigation director Daniel Freeman warned that entering into such an agreement “appears to require violations of the [National Voter Registration Act]” — most notably a provision that bars states from removing voters from their rolls within 90 days of an election.

For months the DOJ has sought sensitive voter data from every state — at first sending threatening letters demanding data, then escalating their campaign to a series of lawsuits to obtain access to state voter rolls. So far the DOJ has sued 23 states and Washington, D.C. 

Amidst the DOJ’s hunt to obtain access to private voter data from every state, the department also sent each state a formal agreement — or a memorandum of understanding (MOU) — to share sensitive data from their individual voter rolls with the federal government. During a December court hearing tied to one of the department’s voter roll lawsuits, a DOJ attorney indicated that at least 11 states were in talks to sign the agreement to share voter data with the department. 

Specifically, Freeman outlined that the DOJ’s MOU tells states who sign the agreement that they must remove any voters from their rolls within 45 days of receiving notice from DOJ of “issues, insufficiencies, inadequacies, deficiencies, anomalies, or concerns.”

That agreement, Freeman said, could violate the NVRA’s “notice and waiting provision” — which bars states from removing the names of registered voters who may have switched residences until those voters confirm an address change in writing — along with the “quiet period provision.” 

It’s unclear at the moment if all of these states have actually signed an MOU with the DOJ, but at least eight states have voluntarily handed over access to their voter rolls to the DOJ — the latest being Texas.

Dhillon later amplified her warning from her personal social media account, adding “or find out!” — a phrase widely understood as shorthand for escalating consequences if her warning is ignored. The follow-up post reinforced concerns among Democrats and voting rights advocates that the Justice Department is using intimidation and the threat of legal retaliation to deter opposition to its voter data lawsuits.

DNC chair Ken Martin said the committee is “prepared to use the tools at our disposal” should states violate federal election law by signing these agreements and unlawfully sharing private voter data with the DOJ. 

“As part of their big government power grab, Donald Trump and Pam Bondi want to force states to hand over their voter files so that the Trump administration can create a national database with sensitive personal information like driver’s license numbers, Social Security numbers, and party affiliation, opening the door to privacy concerns and further political retribution,” Martin said in a statement. “The DNC won’t stand idly by as the Trump DOJ tries to get access to voters’ sensitive information and put eligible voters at risk of being wrongfully purged from voter rolls, which is why we are calling on Secretaries of State and election officials across the country to stand up for voters and reject the Trump administration’s illegal agreement.”