Tracker: DOJ Lawsuits Seeking States' Sensitive Voter Data

The U.S. Department of Justice has demanded copies of states’ complete voter registration lists, including voters’ highly sensitive data like birthdates, partial Social Security numbers, and driver’s license numbers. States have mostly resisted, citing their own laws that prohibit the disclosure of their citizens’ sensitive information as well as federal privacy laws that limit the federal government’s ability to collect Americans’ sensitive data. Faced with this pushback, the Justice Department has filed 31 federal lawsuits (so far)—against 30 states plus Washington, D.C.—seeking orders compelling these jurisdictions to turn over their data.

This tracker monitors those lawsuits and will be updated as new developments occur. It also covers a related suit, brought by Common Cause, challenging the legality of the Justice Department’s voter data collection policy, as well as other related litigation.

Where the Justice Department’s Lawsuits Stand

To date, no court at either the district or appellate level has ruled in favor of the Justice Department.

Of the Justice Department’s 31 lawsuits, 26 have been dismissed on the merits by district courts.¹ Another suit--against Oklahoma--settled, with the state agreeing to provide its sensitive voter data in exchange for dismissal of the suit. The remaining suits pending at the district court level are against Delaware, Hawaii, Idaho, and Utah, though the suits against Hawaii and Idaho have been stayed pending the 9th Circuit's disposition of the appeals in the cases against California and Oregon.

Most of the dismissals have been appealed, but so far only one appeal has been resolved. In June 2026, the Sixth Circuit Court of Appeals affirmed the dismissal of the suit against Michigan, and in August, it denied a request from the Justice Department to rehear the case en banc (over some dissents).² Attorney General Todd Blanche has suggested that the Justice Department may seek review by the U.S. Supreme Court, but it has not done so yet. Under the U.S. Supreme Court's normal rules, such an appeal would be due November 12, 2026.

Links to each decision are in the table below. For a deeper look at the issues raised by the Justice Department’s demands, including why federal courts have universally rejected the Department’s legal theories, see our report, "Can the Federal Government Force States to Hand over Citizens' Voter Information?"

Court Vacates Justice Department’s Voter Data Collection Policy

As the Justice Department pressed its demands, Common Cause and several of its individual members challenged the Justice Department’s voter data collection program as violating federal law.

On October 9, 2026, a federal district court agreed, holding that the policy exceeds the Justice Department’s authority, is arbitrary and capricious, and violates both the federal Privacy Act and Paperwork Reduction Act.³ The court vacated the policy nationwide, impacting not only the Justice Department’s efforts to get data from the states that have resisted, but also the states that had already voluntarily complied. A copy of the opinion is available here.

The Justice Department has not yet said whether it will appeal.

Related Litigation

In addition, citizens and civic organizations in at least three states—South Carolina, Nebraska, and Alaska—have sued their states’ election officials alleging that the transfer of voter data to the Justice Department violates state law. The suits in South Carolina and Nebraska delayed the transfer of data, but neither ultimately prevented it.⁴ Meanwhile, the suit in Alaska, which was filed after the state’s voter data had been transferred and seeks to undo the transfer, is still in its early stages.⁵

Status of the Justice Department’s Lawsuits