This article was originally published by Votebeat, a nonprofit news organization covering local election administration and voting access. Sign up for Votebeat Arizona’s free newsletter here.
A federal judge has dismissed the U.S. Department of Justice’s lawsuit against Arizona over the state’s refusal to turn over an unredacted version of its voter roll, finding that the state isn’t required by federal law to provide it.
U.S. District Judge Susan Brnovich’s ruling comes after President Donald Trump’s administration sued Arizona last year, alleging that the state was interfering with the federal government’s ability to exercise oversight and enforce federal election laws. It sought to compel the state to hand over its full, unredacted voter list, which includes sensitive information such as voters’ full birthdates and Social Security numbers.
he DOJ has requested similar data from virtually every state, part of what it says is an effort to make sure states are maintaining their voter rolls and removing ineligible voters in compliance with federal law. At least 12 states have voluntarily shared the data, but most have declined, citing state and federal laws that officials argued precluded doing so.
In response, the Justice Department has so far sued 30 states and the District of Columbia, but its arguments have been repeatedly rejected by federal courts. Five of the lawsuits — not counting the one against Arizona — had previously been dismissed, and the Justice Department has yet to secure a favorable ruling in any of the cases.
Brnovich, like other federal judges in Michigan, Oregon, California, Rhode Island, and Massachusetts, said that none of the three laws that federal prosecutors used to justify their request — the Civil Rights Act of 1960, the National Voter Registration Act, and the Help America Vote Act — required the disclosure of the data.
Arizona Secretary of State Adrian Fontes and Attorney General Kris Mayes, both Democrats, applauded Brnovich’s decision in a statement. They said she “rightfully dismissed” the lawsuit.
The pair previously urged local election officials not to give full voter files to the federal government, writing in a letter to county recorders, who control voter registration data, that disclosure of such materials to the DOJ would “violate both federal and state law” and they must “fulfill [their] oath by declining any such illegal demands.”
“Arizona acted correctly in refusing this request, and today’s ruling vindicates that decision,” their statement on the ruling read. “Our offices will continue to defend the privacy of Arizona voters against federal overreach.”
It’s unknown whether the Justice Department will appeal the decision. A spokesperson did not immediately respond to a request for comment. It has so far appealed the dismissals in Michigan, Oregon, and California.
