U.S. Justice Department Expands Election Law Suits

The U.S. Department of Justice on Friday filed new federal lawsuits against four States and one local government for failing to meet federal elections law requirements, the Department said in a press release. These actions are part of a growing legal push by the Justice Department to ensure compliance with national voter registration and election records laws.

The latest filings bring the number of States being sued by the Department to 18, and one County. Officials say the legal actions are necessary to enforce federal law and protect the fairness of elections.

The Civil Rights Division sued Colorado, Hawaii, Massachusetts, and Nevada for not providing their complete Statewide voter registration lists when requested by the Department. In the same action, the Justice Department also sued Fulton County, Georgia, seeking records tied to the 2020 general election.

“States have the statutory duty to preserve and protect their constituents from vote dilution,” said Assistant Attorney General Harmeet K. Dhillon of the Civil Rights Division. She added, “At this Department of Justice, we will not permit States to jeopardize the integrity and effectiveness of elections by refusing to abide by our federal elections laws. If States will not fulfill their duty to protect the integrity of the ballot, we will.”

Under federal statutes like the National Voter Registration Act (NVRA) and the Help America Vote Act (HAVA), States are required to maintain accurate voter rolls and make them available for federal review. The Justice Department says it also uses the Civil Rights Act of 1960 to demand access to Statewide registration data for inspection and analysis.

State officials in recent weeks have pushed back publicly against similar demands for voter data, citing legal and privacy concerns. Reports show that many Secretaries of State and election officials have declined to release sensitive voter information over fears it could violate State law or put personal data at risk.

A related lawsuit against Fulton County seeks records tied to the 2020 presidential election, including ballots and related documents. This action has drawn attention as the County was central to post-2020 election litigation.

The Justice Department says enforcing these federal voting statutes is essential to ensuring voter lists are complete, accurate, and properly maintained across the country.

None of the 18 States currently being sued by the U.S. Department of Justice are participants in Alabama’s Alabama Voter Integrity Database (AVID). The States named in the DOJ’s lawsuits—California, Colorado, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Hampshire, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington—have not signed memoranda of understanding with Alabama to participate in the interstate voter data-sharing system.

By contrast, States that have formally joined AVID through signed agreements include Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, Ohio, Tennessee, Texas, and Virginia.

Notably, there is NO overlap between the States involved in the Justice Department’s voter data litigation and those currently participating in Alabama’s AVID program.