Common Cause v. DOJ – Seeking to Block the Trump Administration’s Effort to Control Voter Registration Lists

The U.S. Department of Justice has launched an illegal and unprecedented quest to stockpile millions of Americans’ confidential voter data. DOJ has demanded that nearly every state and the District of Columbia turn over their unredacted statewide voter registration lists, which can include sensitive personal information such as Social Security numbers, driver’s license numbers, signatures, dates of birth, home addresses, places of birth, political party affiliation, and voter participation history. Never before has a federal agency centralized this volume of Americans’ voting data in a single record system. And in doing so, DOJ has flouted legal safeguards designed to ensure transparency and public participation in the federal government’s collection of Americans’ personal information. DOJ’s apparent purpose in collecting this data is to conduct its own state-by-state voter list maintenance operation and compel states to purge eligible voters from their voter rolls as part of the Trump Administration’s attempts to take over elections from states and subvert the 2026 midterm elections.

DOJ is using this highly sensitive data to build—without Congressional authorization—a sprawling new voter surveillance and purging system that endangers millions of Americans’ fundamental voting and privacy rights. Heeding President Trump’s repeated calls to “take over” and “nationalize” elections, DOJ is now compiling these state voter files in order to create a national voter registration record system. DOJ is moving rapidly to interfere with the States’ lawful authority over elections and impose its own secretive “verification procedures” for identifying “ineligible voters” and then requiring states to remove those individuals from their voter rolls.

DOJ has told federal courts and state officials that it will run states’ entire voter registration lists through the Department of Homeland Security’s flawed Systematic Alien Verification for Entitlements (“SAVE”) system. In 2025, DHS haphazardly expanded SAVE—which was previously a limited tool to determine eligibility for certain benefits—to conduct mass “voter verification” citizenship checks using unreliable data. The faulty new system has already falsely identified significant numbers of U.S. citizens as non-citizens, endangering their fundamental right to vote. And the system has proven especially unreliable for citizens born outside of the United States (e.g., naturalized citizens), who are at great risk of being falsely identified as non-citizens.

Centralizing hundreds of millions of Americans’ state-level voter data in a single federal system also presents major cybersecurity risks, creating a new target for hackers and foreign actors who seek to undermine our elections and Americans’ data security. In addition to making bulk disclosures to DHS, DOJ plans to disclose voter registration lists data to unidentified private “contractors” to assist with its “list maintenance verification procedures.”

Most states have resisted DOJ’s unprecedented data demands. But at least 12 and, according to DOJ, as many as 19 states have acquiesced to DOJ’s demands for their Confidential Voter Lists, including Alaska, Arkansas, Indiana, Kansas, Louisiana, Mississippi, Nebraska, Ohio, Oklahoma, South Dakota, Tennessee, Texas, and Wyoming. These states have disregarded the privacy and voting rights of millions of Americans who never consented to disclosing their sensitive personal data to the federal government for undefined purposes and without statutory authorization.

On April 21, together with the National ACLU’s Voting Rights Project, Citizens for Responsibility and Ethics in Washington, Protect Democracy Project, and the Democracy and Rule of Law Clinic at Harvard Law School, we filed this lawsuit on behalf of Common Cause, an organization dedicated to upholding the core values of American democracy, and four of its individual members, to block the Trump Administration’s unlawful efforts to invade voters’ privacy and subvert our democratic elections.