DOJ Records Requests Head to Court
By Justin Riemer, President, USGI
In recent months, the Department of Justice has written to most states and some localities requesting they disclose their statewide voter registration lists and other records. Many have balked, citing state and federal privacy laws as a basis to withhold voters’ personal information, including social security and driver’s license numbers.
Predictably, the issue has moved to the courts who will likely define DOJ’s authority to obtain the records. Just yesterday, DOJ sued California, Michigan, Minnesota, New York, New Hampshire, and Pennsylvania for refusing to comply. This follows similar suits last week against Oregon and Maine and California’s Orange County in June for its refusal to provide records regarding noncitizen registrants.
A South Carolina voter also sued in local court last month to block the state from disclosing her “personal information” to DOJ. The court granted emergency relief before the state was even served and could respond, but the state Supreme Court recently reversed the lower court. The litigation remains pending. There is also a similar suit in Nebraska.
At issue is DOJ’s authority to obtain records under the Civil Rights Act (“CRA”) and National Voter Registration Act (“NVRA”) to enforce federal voting laws. A CRA provision requires officials to maintain and disclose election records to the Attorney General upon request. The NVRA has a records disclosure provision for the public to assess state compliance with the law’s voter roll maintenance and registration requirements.
The NVRA provision has been heavily litigated, and courts have increasingly preempted state policies that restrict public access to information such as birth dates. Although courts have read in some privacy protections, the NVRA only explicitly permits withholding records regarding a registrant’s “declination to register to vote” and the registration agency (e.g., DMV) through which the voter registered. Courts have also not determined whether states could withhold this information from the federal government, only private entities making requests.
The CRA’s preemptive effect on state privacy laws is unknown as courts have rarely addressed this provision since the 1960s. However, the law seems to assume that states would provide DOJ with sensitive information because the law limits DOJ in re-disclosing records and has no explicit provisions authorizing redactions.
DOJ’s requests also implicate the federal Privacy Act, but that law does not permit private enforcement. To the extent the Act poses a bar to accessing records, DOJ would likely overcome it by checking the requisite procedural boxes.
With eleven lawsuits underway and more likely, this is shaping up to be a marquee issue in an already loaded election litigation docket.
Alaska
A new ballot initiative would insert the word “only” into state election law to clarify that only U.S. citizens may vote.
California
Republican leaders are pushing a proposed 2026 voter ID initiative. The measure would require voters to present government-issued ID at the polls or to provide verified ID numbers, such as a driver’s license number or last 4 digits of a social security number, when voting by mail. The proposal would also mandate stricter voter roll maintenance. Reform California, the group supporting the effort, has raised $1.5 million and recruited over 10,000 volunteers. The group plans to collect 1.25 million signatures by mid-March to qualify for the ballot.
Idaho
Eleven individuals have now been charged with illegal voting in the May 2023 local election regarding a lodging tax. The proposal failed with 207 votes against and 198 in favor.
Indiana
After a bill passed by state legislators, the state is assessing whether to establish vote centers in all 92 counties, an idea that would let voters cast ballots at any polling place instead of being tied to their own precincts. Local boards have already rejected similar ideas in places like Hamilton County.
Michigan
Following a public hearing in July, the Department of State adopted a new rule, following the introduction of early voting and early voting pollbooks, requiring that electronic pollbooks maintain a secure live connection to the state’s Qualified Voter File (QVF) during voting, whenever internet access is available. Pollbook software downloads will still be required as a backup to the live connection.
Nevada
During a recent statewide cyberattack that knocked many state services offline, the state’s centralized voter registration and election systems remained fully operational. That resilience is largely credited to a 2021 law requiring a “top-down” election architecture, which is isolated from other state systems and designed with modern cybersecurity practices.
New Hampshire
House Bill 317 would require every in-person voter to show a physical photo ID or other identifying documentation, even when poll workers already know the voter by sight or relationship.
South Carolina
The State Election Commission has removed Executive Director Howard Knapp, saying they wanted new leadership. The move is not related to any election misconduct, but Knapp is still under a Law Enforcement Division investigation for alleged misconduct raised in 2024.
Texas
The Dallas County Republican Party has voted to hand-count every ballot cast on Election Day for their March 3 primary, and chose not to participate in Dallas County’s voter program. The party will have to provide enough workers for the polls for election day, as this is the only day the change will take effect.
Virginia
Gov. Glenn Youngkin has signed Executive Order 53 to enhance election security. The order tightens voting system standards, requires coordination with federal agencies (including using DHS’s SAVE database to flag non-citizens), adopts updated federal voting system guidelines (VVSG 2.0), and mandates a statewide election-preparedness exercise before early voting begins.
Wisconsin
A bill in the legislature would let poll workers begin processing absentee ballots on the day before Election Day. The proposal is bundled with stricter rules for drop-boxes and bans on curing ballot errors.
Connecticut
Post-Election Review
Comment deadline: September 27, 2025
The proposed regulation establishes procedures for post-election review of candidate committees after general elections, primaries, and special elections. It sets eligibility criteria, defines the weighted random-selection process, outlines audit completion timeframes, and requires notice and transparency. The regulation implements Chapters 141, 155, and 157 of the Connecticut General Statutes, as amended by P.A. 25-26.
Georgia
Discussed on September 24, 2025 at State Election Board Meeting
Proposed Elections Division Rules and Rule Amendments
1. Repeal of Rule 183-1-15-.01
2. Changes to Rule 183-1-15-.02 Definition of Vote
3. Changes to Rule 183-1-12-.11 Conducting of Elections
4. Changes to Rule 183-1-12-.01 Conducting of Elections
The proposed rule changes are based on petition and discussed by petitioners on September 24, 2025. The rule text is currently unavailable.
Illinois
Registration of Voters (26 Ill. Adm. Code 216)
The State Board of Elections adopted rules to establish the state’s automatic voter registration program under Sections 1A-16.1, 1A-16.2, 1A-16.5, and 1A-16.7 of the Election Code. These rules implement statutory requirements, create the framework for electronic voter registration, and promote administrative efficiency while protecting both the integrity of the system and the privacy interests of the Board.
Minnesota
A number of pending rule changes
Public hearing requires 25+ written requests to have a meeting on October 10, 2025.
The Secretary of State is proposing amendments to rules governing election administration. The proposed rules modify language related to voter registration; ballot formatting and instructions; absentee ballot administration; ballot safeguard procedures; mail balloting procedures; testing of voting systems; and election official training.
Montana
Paid Signature Gatherers
Hearing: October 3, 2025
Comment Deadline: October 10, 2025
Montana’s proposed rule would regulate ballot initiative petition signature gatherers by requiring them to register with the Secretary of State’s Office, submit identifying information, and disclose their role as a gatherer in order for their collected signatures to be counted.
New Mexico
Election audit and recount
Comment Deadline Closed: September 4, 2025
Hearing: September 5, 2025
Amendments include specifying that a district judge should be present for the opening and closing of ballot boxes during a voting system check, and further clarify that a New Mexico State Bar member may serve as a judge’s designee. Amendments also affirm that a district judge must witness all ballot movement during a recheck and a recount, and clarify that a New Mexico State Bar member may serve as a judge’s designee. Additional changes remove an “in-lieu of absentee” reference as it refers to an outdated category of ballots and remove “district judge” as a participant permitted to tabulate ballots during a recount or recheck.
Virginia
Ranked Choice Voting (1 VAC 20-100)
These adopted amendments create new ranked choice voting (RCV) regulations definitions, including the batch elimination process of candidates that are mathematically impossible to be elected during the RCV tabulation process. This amendment is in the final stage of adoption and is in the Governor’s office.
Washington
Voter signature challenged, then voter can vote provisional ballot
Comment Deadline: October 6, 2025
Proposed rules to strengthen ballot signature “cure” procedures. County auditors must quickly notify voters of rejected signatures using multiple contact methods and give them options to fix issues before certification. The rule sets deadlines, requires additional outreach if voters don’t respond, and mandates detailed record-keeping.
Wisconsin
Uniform Instructions for Absentee Voting
This rule was approved by the Governor on August 21, 2025.
Rule requires municipal clerks to use the unaltered, Commission-approved Uniform Instructions with all absentee ballots, ensuring voters receive consistent and legally compliant guidance. Clerks may still add local details, such as office hours, as long as they do not conflict.
Alabama
Alabama State Conference of the NAACP v. Marshall, No. 2:24-cv-420 (N.D. Ala.)
The Eleventh Circuit heard oral arguments on September 23 regarding an Alabama law prohibiting assistance of voters in obtaining absentee ballot applications.
Arizona
American Encore v. Fontes, No. 2:24-cv-01673 (D. Ariz.)
On September 26, the Ninth Circuit overturned an injunction against an election rule directing the secretary of state to discard a county’s votes if its supervisors fail to canvass the county’s results by the deadline to certify the statewide vote. In the same ruling, it upheld an injunction expanding the definition of voter intimidation to actions like “aggressive behavior” and “using threatening, insulting or offensive language.”
Mi Familia Vota v. Fontes, No. 2:22-cv-00509 (D. Ariz.)
On September 22, the Ninth Circuit denied en banc rehearing after previously upholding a lower court’s decision to block a state law requiring new federal form registrants to provide documentary proof of citizenship to vote in presidential elections or to vote early by mail. Six judges dissented from the denial.
Florida
Florida Rising Together v. Byrd, No. 6:24-cv-1682 (M.D. Fla.)
On September 16, a federal district court dismissed a case challenging Florida’s voter registration verification procedures requiring officials to match applicants’ identifying information against government records. Restoring Integrity and Trust in Elections PAC (“RITE PAC”) supported the intervention of the Republican Party of Florida and the Republican National Committee also intervened in the suit.
Florida Decides Healthcare v. Byrd, No. 4:25-cv-211 (N.D. Fla.)
On September 9, the Eleventh Circuit upheld a Florida law that restricts who can gather signatures for citizen-led ballot initiatives, reversing a lower court’s order. The measure bars non-U.S. citizens and non-Florida residents from gathering petitions, shortens the deadline for submitting collected signatures from 30 days to 10, limits petition forms collected by a non-registered petition circulator to 25, and imposes fines or felony charges depending on the violation.
Georgia
VoteAmerica v. Raffensperger, No. 1:21-cv-01390 (N.D. Ga.)
On September 8, a federal district court upheld a law which prevented distribution of pre-filled absentee ballot applications to voters, including blank applications to any resident who had already requested an absentee ballot. The court reasoned that there were “interrelated compelling governmental interests” in the Secretary of State’s concern with their use.
Illinois
Bost v. Illinois State Board of Elections, No. 1:22-cv-02754 (N.D. Ill.)
This case challenges an Illinois law permitting mail-in ballots to be received up to fourteen days after Election Day. The U.S. Supreme Court is currently weighing whether plaintiffs have standing to challenge the law. On September 22, the U.S. Supreme Court granted the Solicitor General leave to participate in oral argument as amicus curiae.
Louisiana
Callais v. Landry, No. 3:24-cv-00122 (W.D. La.)
This lawsuit challenges Louisiana’s 2024 congressional map following the state’s implementation of a federal district court order mandating the creation of a new map with two majority-black districts. On September 24, the U.S. Department of Justice filed a supplemental amicus brief in the U.S. Supreme Court in support of plaintiffs, arguing that Section 2 of the Voting Rights Act cannot constitutionally require race-based districting. The Court will hear oral argument on October 15.
Massachusetts
California v. Trump, No. 25-cv-10810 (D. Mass.)
On September 17, a federal district court denied the Trump administration’s request to dismiss a challenge to its executive order on election administration.
Michigan
RNC v. Benson, No. 1:24-cv-00262 (W.D. Mich.)
On September 25, the Sixth Circuit affirmed the district court’s dismissal of this lawsuit brought by the Republican National Committee challenging Michigan’s voter roll maintenance practices.
Missouri
Congressional Redistricting Lawsuits
Missouri’s new congressional map faces multiple recent legal challenges to its constitutionality. NAACP had previously sued in early September regarding the special legislative session to redraw prior to the 10-year census period.
Nebraska
Common Cause v. Evnen, No. D02C1250003301 (Neb. Dist. Ct., Lancaster Cnty.)
On September 22, an activist group and a voter sued to block Nebraska from disclosing voter registration data to the U.S. Department of Justice.
South Carolina
Crook v. South Carolina Election Commission, No. 2025-CP-09-00195 (S.C. Ct. Com. Pleas. Calhoun Cnty.)
On September 11, the South Carolina Supreme Court ruled that the state Election Commission could immediately proceed sharing voter data with the U.S. Department of Justice, reversing a decision issued by a lower court in early September.
League of Women Voters of South Carolina v. Alexander, No. 2024-001227 (S.C. 2024)
On September 17, the South Carolina Supreme Court held that partisan gerrymandering claims in South Carolina present a nonjusticiable political question.
Utah
League of Women Voters of Utah v. Utah State Legislature, No. 220901712 (Utah Dist. Ct., Salt Lake Cnty.)
On September 15, the Utah Supreme Court rejected the legislature’s bid to pause the redistricting process amid an ongoing challenge to its congressional map and repeal of a 2018 ballot initiative that created an independent redistricting commission.
Vermont
Morin v. City of Burlington, No. 24-cv-02403 (Vt. Super. Ct., Chittenden Unit, Civ. Div.)
This lawsuit, filed by Restoring Integrity and Trust in Elections (RITE) and the Republican National Committee on behalf of two Vermont voters, challenges a charter provision for the City of Burlington granting noncitizen residents the right to vote in school board elections. The Vermont Supreme Court will hear oral argument on October 15.
Wisconsin
Ayodabo v. City of Madison, No. 2025-cv-003082 (Wis. Cir. Ct., Dane Cnty.)
Legal group Law Forward has filed a class action against the City of Madison, alleging city officials refused to count 193 properly submitted absentee ballots from the November 2024 election. The lawsuit argues that officials missed multiple opportunities to correct the oversight before certification and seeks compensatory and punitive damages for the 193 voters.
On Tuesday, September 16, 2025, the Subcommittee on Elections of the Committee on House Administration held a hearing on Maintaining Election Operations in the Face of Natural Disasters.
Comments are due by October 20, 2025 for the America First Legal Foundation’s petition with the Election Assistance Commission, which requests changes to EAC regulations and the National Mail Voter Registration Form to mandate documentary proof of U.S. citizenship to register for federal elections.
The Voting Wars: Public Opinion About Battles Over Voting Rules looks at how partisan ideologies differ in how they approach election policy debates. Democrats tend to favor permissive laws, prioritizing higher turnout. Republicans, by contrast, are more likely to point to concerns over fraud when supporting voting restrictions. The authors argue that bridging divides on election policy will require finding shared ground across these fundamentally different belief systems.
“Election official turnover has been increasing steadily over the past 25 years, reflecting the growing complexity and demands of election administration. The Bipartisan Policy Center released a report in 2024 showing that turnover rose from 28% in 2004 to 39% in 2022.”
Wisconsin voters overwhelmingly approved a constitutional amendment in 2024 limiting voting rights to U.S. citizens. A new policy brief calls for an audit of the state’s voter rolls to ensure compliance, safeguard lawful voters, and boost public trust in elections.
On Protecting Your Vote, Christian Adams talks with Ken Blackwell, former Ohio Secretary of State. Their conversation spans Blackwell’s long record of public service, the lessons learned from decades of work in the election field, and the responsibilities citizens carry in preserving democracy. Looking ahead to America’s 250th birthday, they also explore both the obstacles and opportunities facing the nation.
