Voting Rights Group Seeks Ruling
to Prevent Federal Interference
Before 2026 Midterms
Washington, D.C. — (Common Cause) -- 5/21/2026 -- The group Common Cause and four individual voters have filed a motion for partial summary judgment in their federal lawsuit to stop the Trump administration from attempting to compile voters’ personal data and take over elections from the states. With just months before the midterm elections and primaries already underway, the plaintiffs are asking the court to block the Department of Justice (DOJ) from unlawfully creating a national voter database for surveilling voters and revoking voter registrations.
There is no doubt that the DOJ’s actions are as illegal as they are dangerous. The law is clear that the DOJ does not have the authority to amass voters’ sensitive data and purge them from their state voter lists. Simultaneously, the DOJ is violating numerous federal laws meant to protect voters’ privacy and ensure government transparency. The plaintiffs argue that the court can and should move quickly to stop the DOJ’s ongoing unlawful attempts to destabilize the democratic process and trample on fundamental rights.
The motion emphasizes that voters deserve to know immediately that their personal information is protected, their registrations are secure, and the federal government will not attempt to interfere with the administration of free and fair elections this November. The lawsuit seeks to stop the Trump administration’s efforts to create widespread confusion among eligible voters—or worse, prevent them from voting altogether.
“I’ve been a U.S. citizen for over a decade and a voter for nearly as long,” said Anthony Nel, a plaintiff from Texas who was removed from voter rolls 30 days after the SAVE system flagged him as a potential noncitizen. “I found out my voter registration was canceled because the government is using a system it knows doesn’t work correctly for people like me. The DOJ should not be building a national database out of our most sensitive, personal information when it can’t even get this right.”
On April 21, the group—represented by the American Civil Liberties Union (ACLU), the American Civil Liberties Union of the District of Columbia (ACLU-D.C.), Citizens for Responsibility and Ethics in Washington (CREW), the Democracy and Rule of Law Clinic at Harvard Law School, and Protect Democracy—sued the DOJ over its demands that states hand over confidential voter information, including home addresses, partial social security numbers, and past voting history.
In 2025, the DOJ demanded that states provide their unredacted voter rolls. The agency plans to compare state voter lists with the Department of Homeland Security’s (DHS) notoriously inaccurate Systematic Alien Verification for Entitlements (SAVE) system in an effort to identify suspected noncitizens on state voter rolls. As the lawsuit explains, however, the SAVE system has often mistakenly flagged lawful citizens as ineligible to vote. Nevertheless, the DOJ is claiming authority to demand that states remove any flagged voters within 45 days of informing states.
At least eighteen states (Alabama, Alaska, Arkansas, Florida, Indiana, Iowa, Kansas, Louisiana, Mississippi, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, and Wyoming) have voluntarily complied with the DOJ’s demands for their unredacted state voter rolls, putting their voters’ data at risk of misuse and security breaches.
Since 2025, the DOJ has sued 30 states to force them to turn over their non-public voter files. Common Cause has taken action in 16 of these states plus D.C., and judges in six states—Arizona, Michigan, Oregon, California, Massachusetts, and Rhode Island—have dismissed the DOJ’s lawsuits, holding that the DOJ cannot collect this confidential voter data.
There is no doubt that the DOJ’s actions are as illegal as they are dangerous. The law is clear that the DOJ does not have the authority to amass voters’ sensitive data and purge them from their state voter lists. Simultaneously, the DOJ is violating numerous federal laws meant to protect voters’ privacy and ensure government transparency. The plaintiffs argue that the court can and should move quickly to stop the DOJ’s ongoing unlawful attempts to destabilize the democratic process and trample on fundamental rights.
The motion emphasizes that voters deserve to know immediately that their personal information is protected, their registrations are secure, and the federal government will not attempt to interfere with the administration of free and fair elections this November. The lawsuit seeks to stop the Trump administration’s efforts to create widespread confusion among eligible voters—or worse, prevent them from voting altogether.
“I’ve been a U.S. citizen for over a decade and a voter for nearly as long,” said Anthony Nel, a plaintiff from Texas who was removed from voter rolls 30 days after the SAVE system flagged him as a potential noncitizen. “I found out my voter registration was canceled because the government is using a system it knows doesn’t work correctly for people like me. The DOJ should not be building a national database out of our most sensitive, personal information when it can’t even get this right.”
On April 21, the group—represented by the American Civil Liberties Union (ACLU), the American Civil Liberties Union of the District of Columbia (ACLU-D.C.), Citizens for Responsibility and Ethics in Washington (CREW), the Democracy and Rule of Law Clinic at Harvard Law School, and Protect Democracy—sued the DOJ over its demands that states hand over confidential voter information, including home addresses, partial social security numbers, and past voting history.
In 2025, the DOJ demanded that states provide their unredacted voter rolls. The agency plans to compare state voter lists with the Department of Homeland Security’s (DHS) notoriously inaccurate Systematic Alien Verification for Entitlements (SAVE) system in an effort to identify suspected noncitizens on state voter rolls. As the lawsuit explains, however, the SAVE system has often mistakenly flagged lawful citizens as ineligible to vote. Nevertheless, the DOJ is claiming authority to demand that states remove any flagged voters within 45 days of informing states.
At least eighteen states (Alabama, Alaska, Arkansas, Florida, Indiana, Iowa, Kansas, Louisiana, Mississippi, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, and Wyoming) have voluntarily complied with the DOJ’s demands for their unredacted state voter rolls, putting their voters’ data at risk of misuse and security breaches.
“The Constitution gives states the authority to administer elections, and Congress has passed laws to protect voters against exactly this kind of abuse of power,” said Sara Chimene-Weiss, Counsel with Protect Democracy’s Free & Fair Elections program. “Here, this administration has brazenly ignored all of these legal guardrails. We’re moving for partial summary judgment because the legal violations are plain and the ongoing harm is serious: the government is invading voters’ privacy and putting their sacred right to vote at risk, all while baselessly casting doubt on our elections, which are secure.”
