A federal judge dismissed a Justice Department lawsuit seeking Arizona’s statewide voter registration list, the latest setback in the administration’s effort to obtain voter data from states.
U.S. District Judge Susan Brnovich ruled Tuesday that Title III of the Civil Rights Act of 1960 does not give the Justice Department authority to require Arizona to provide the list. Brnovich, who was nominated by President Donald Trump, wrote: “This case presents a legal question: is the Attorney General entitled to the SVRL under Title III. It does not present a political question: should the Attorney General be entitled to the SVRL.”
Arizona Secretary of State Adrian Fontes and Attorney General Kris Mayes said in a joint statement Thursday that the material sought by the department “contains the sensitive personal information of millions of Arizona voters.”
“Arizona acted correctly in refusing this request, and today’s ruling vindicates that decision,” they said. “Our offices will continue to defend the privacy of Arizona voters against federal overreach.”
The department requested Arizona’s voter registration list last summer, saying it was reviewing the state’s compliance with the National Voter Registration Act and the Help America Vote Act. It later said it needed voters’ full names, dates of birth, home addresses, and either driver’s license numbers or partial Social Security numbers.
Fontes declined to provide the information, citing state and federal privacy laws. The Justice Department sued in January.
The department has filed similar lawsuits against dozens of other states and Washington, D.C., generally saying it was seeking to confirm compliance with federal requirements to maintain accurate voter registration lists. In a separate Rhode Island case, the federal government said it planned to compare voter data with a Homeland Security database to determine whether any noncitizens were registered to vote.
Trump has sought to expand the federal government’s role in elections and has focused on voting by noncitizens. He has backed legislation called the SAVE America Act and signed executive orders related to citizenship lists and absentee ballots. Nearly two dozen states are suing over one of those orders.