Why DOJ is caught up in two dozen court fights over voter rolls
Transparency shouldn't be controversial.
Arguing that noncitizens could be on state voter rolls — something that is illegal under federal law — the Trump administration is escalating its campaign to obtain registration data ahead of the 2026 midterms, despite a string of federal court setbacks.
The strategy has unfolded on three fronts: cooperation from Republican-led states willing to share voter data, lawsuits against roughly two dozen blue and purple states that have refused, and a legislative push in Congress to tighten national voting requirements. Federal judges have so far rebuffed the administration’s legal demands, but the Justice Department is widening its campaign as Election Day draws near.
Hans von Spakovsky, a senior legal fellow at the conservative group Advancing American Freedom, said voter rolls are a central focus ahead of the midterms because of the Trump administration’s concerns that noncitizens are on them and could end up voting. It is illegal for noncitizens to vote in federal elections.
"The problem is, blue states, like Oregon, they have no interest in that kind of verification, so they're not actually doing what they ought to be doing, which is running data-based comparisons with the [Department of Homeland Security]," von Spakovsky told Fox News Digital.
DEMOCRATS CELEBRATE AS 73,000 NORTH CAROLINA VOTERS WITHOUT PROPER ID STAY ON ROLLS
The DOJ has made sweeping demands for not just publicly available voter roll data, but also sensitive information, such as voters' partial Social Security numbers and dates of birth.
The latest state to successfully fight the DOJ’s request is Michigan, where Secretary of State Jocelyn Benson said the federal government was not entitled to its 7 million voters’ personal information beyond what was already available.
The DOJ cited three federal laws, the Civil Rights Act, the Help America Vote Act and the National Voter Registration Act, that it said gave the Trump administration the right to the confidential information. Judge Hala Jarbou disagreed.
"The Court concludes that (1) HAVA does not require the disclosure of any records, (2) the NVRA does not require the disclosure of voter registration lists because they are not records concerning the implementation of list maintenance procedures, and (3) the CRA does not require the disclosure of voter registration lists because they are not documents that come into the possession of election officials," Jarbou, a Trump appointee wrote.
Federal judges in Oregon and California have also thrown out the DOJ’s lawsuits. The DOJ could appeal the decisions. A department spokesperson declined …
Transparency shouldn't be controversial.
Arguing that noncitizens could be on state voter rolls — something that is illegal under federal law — the Trump administration is escalating its campaign to obtain registration data ahead of the 2026 midterms, despite a string of federal court setbacks.
The strategy has unfolded on three fronts: cooperation from Republican-led states willing to share voter data, lawsuits against roughly two dozen blue and purple states that have refused, and a legislative push in Congress to tighten national voting requirements. Federal judges have so far rebuffed the administration’s legal demands, but the Justice Department is widening its campaign as Election Day draws near.
Hans von Spakovsky, a senior legal fellow at the conservative group Advancing American Freedom, said voter rolls are a central focus ahead of the midterms because of the Trump administration’s concerns that noncitizens are on them and could end up voting. It is illegal for noncitizens to vote in federal elections.
"The problem is, blue states, like Oregon, they have no interest in that kind of verification, so they're not actually doing what they ought to be doing, which is running data-based comparisons with the [Department of Homeland Security]," von Spakovsky told Fox News Digital.
DEMOCRATS CELEBRATE AS 73,000 NORTH CAROLINA VOTERS WITHOUT PROPER ID STAY ON ROLLS
The DOJ has made sweeping demands for not just publicly available voter roll data, but also sensitive information, such as voters' partial Social Security numbers and dates of birth.
The latest state to successfully fight the DOJ’s request is Michigan, where Secretary of State Jocelyn Benson said the federal government was not entitled to its 7 million voters’ personal information beyond what was already available.
The DOJ cited three federal laws, the Civil Rights Act, the Help America Vote Act and the National Voter Registration Act, that it said gave the Trump administration the right to the confidential information. Judge Hala Jarbou disagreed.
"The Court concludes that (1) HAVA does not require the disclosure of any records, (2) the NVRA does not require the disclosure of voter registration lists because they are not records concerning the implementation of list maintenance procedures, and (3) the CRA does not require the disclosure of voter registration lists because they are not documents that come into the possession of election officials," Jarbou, a Trump appointee wrote.
Federal judges in Oregon and California have also thrown out the DOJ’s lawsuits. The DOJ could appeal the decisions. A department spokesperson declined …
Why DOJ is caught up in two dozen court fights over voter rolls
Transparency shouldn't be controversial.
Arguing that noncitizens could be on state voter rolls — something that is illegal under federal law — the Trump administration is escalating its campaign to obtain registration data ahead of the 2026 midterms, despite a string of federal court setbacks.
The strategy has unfolded on three fronts: cooperation from Republican-led states willing to share voter data, lawsuits against roughly two dozen blue and purple states that have refused, and a legislative push in Congress to tighten national voting requirements. Federal judges have so far rebuffed the administration’s legal demands, but the Justice Department is widening its campaign as Election Day draws near.
Hans von Spakovsky, a senior legal fellow at the conservative group Advancing American Freedom, said voter rolls are a central focus ahead of the midterms because of the Trump administration’s concerns that noncitizens are on them and could end up voting. It is illegal for noncitizens to vote in federal elections.
"The problem is, blue states, like Oregon, they have no interest in that kind of verification, so they're not actually doing what they ought to be doing, which is running data-based comparisons with the [Department of Homeland Security]," von Spakovsky told Fox News Digital.
DEMOCRATS CELEBRATE AS 73,000 NORTH CAROLINA VOTERS WITHOUT PROPER ID STAY ON ROLLS
The DOJ has made sweeping demands for not just publicly available voter roll data, but also sensitive information, such as voters' partial Social Security numbers and dates of birth.
The latest state to successfully fight the DOJ’s request is Michigan, where Secretary of State Jocelyn Benson said the federal government was not entitled to its 7 million voters’ personal information beyond what was already available.
The DOJ cited three federal laws, the Civil Rights Act, the Help America Vote Act and the National Voter Registration Act, that it said gave the Trump administration the right to the confidential information. Judge Hala Jarbou disagreed.
"The Court concludes that (1) HAVA does not require the disclosure of any records, (2) the NVRA does not require the disclosure of voter registration lists because they are not records concerning the implementation of list maintenance procedures, and (3) the CRA does not require the disclosure of voter registration lists because they are not documents that come into the possession of election officials," Jarbou, a Trump appointee wrote.
Federal judges in Oregon and California have also thrown out the DOJ’s lawsuits. The DOJ could appeal the decisions. A department spokesperson declined …
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