Three organizations filed a federal lawsuit on Oct. 15 alleging that the Department of Homeland Security (DHS) illegally compiled and used voter registration data from at least 47 states. The plaintiffs, including the League of Women Voters, the Electronic Privacy Information Center, and the League of United Latin American Citizens, argue that DHS exceeded its legal authority by obtaining and analyzing sensitive voter information for purposes beyond its statutorily defined mission.
DHS has not publicly responded to requests for comment as of publication. The lawsuit centers on claims that the agency’s actions violate federal privacy laws, including the Privacy Act, which restricts how agencies may maintain records related to First Amendment-protected activities such as voting.
Legal and Policy Background
Federal law requires states to maintain voter registration lists, which typically include names, addresses, dates of birth, and partial or full Social Security numbers. While certain individuals and entities may request this data under state-specific rules, most states prohibit the disclosure of Social Security numbers. The Privacy Act further limits agencies from keeping records on how individuals exercise First Amendment rights unless authorized by statute or the individual in question.
The lawsuit asserts that DHS obtained voter files from California and other states and improperly used them for election administration purposes. It also claims that the agency combined voter data with commercial datasets as part of a broader effort to investigate potential voter fraud. The plaintiffs contend that this approach circumvents federal safeguards designed to protect voter privacy.
Government Actions and Responses
The Department of Justice (DOJ) has shared voter lists with DHS, according to government-released correspondence. Federal prosecutors have recently brought charges against 50 individuals in Minnesota for alleged voting crimes, including non-citizen voting. The DOJ is also appealing a Florida federal judge’s ruling that struck down a federal law banning non-citizen voting as unconstitutional.
The Trump administration has repeatedly emphasized concerns about non-citizen voting, arguing it poses a threat to election integrity. However, studies and prosecutions have found documented instances of non-citizens casting ballots to be rare. The administration has sought a greater federal role in voter eligibility and election administration, areas traditionally overseen by states under the U.S. Constitution and federal law.
Federal courts have previously rejected administration efforts to compel states to turn over voter information. The lawsuit represents the latest legal challenge to these federal actions, with plaintiffs seeking to halt DHS’s data collection and analysis practices.
Key Questions Raised
The lawsuit raises several legal and procedural questions, including:
- Whether DHS’s collection and use of voter data fall within its authorized scope under federal law.
- Whether the agency’s combination of voter files with commercial datasets complies with privacy protections.
- Whether the DOJ’s sharing of voter lists with DHS violates restrictions on disclosing sensitive personal information.
The case is currently pending in the U.S. District Court for the District of Columbia.