Nebraska Voter Joins Federal Challenge Against DOJ’s Data Collection
A pivotal legal battle is unfolding in Washington, D.C., as a Nebraska voter becomes a key plaintiff in a federal lawsuit challenging the Department of Justice’s (DOJ) consolidation of state voter registration files. This case raises significant questions about privacy and federal overreach.
The lawsuit, directed against the DOJ and Acting U.S. Attorney General Todd Blanche, accuses the agency of constructing “a sprawling new voter surveillance and purging apparatus” by centralizing voter information from various states. Plaintiffs seek a judicial determination deeming the DOJ’s data collection unlawful and a prohibition on further data sharing.
Common Cause, a national advocacy group, and four individual voters, including Nebraska resident Linda Duckworth, initiated the lawsuit. The other plaintiffs hail from Texas, representing a broader concern about privacy and legal boundaries. The controversy began last year when the DOJ requested comprehensive voter registration lists from state officials to evaluate federal law compliance, including sensitive personal data.
Nebraska is among at least 14 states that complied with the DOJ’s request, while 30 states resisted and are now entangled in legal disputes. Nebraska Secretary of State Bob Evnen justified the decision to share voter data as a measure to avoid “costly” litigation.
Lawyers for Common Cause argue that the DOJ’s actions contravene the Administrative Procedure Act, alleging that the agency overstepped its authority and infringed upon constitutional and federal privacy statutes. The complaint specifies, “No statute authorizes DOJ to federalize voter list maintenance by (1) consolidating millions of voters’ sensitive personal data in a centralized system of records, (2) disclosing data from that system internally within DOJ or outside of DOJ, including to DHS, and private contractors, (3) matching that data against other datasets for purposes of conducting “list maintenance verification procedures,” and (4) disclosing the results of those “procedures” to states with instructions that they “remov[e] ineligible voters” identified by DOJ.”
Despite the transfer of Nebraska voter data, an ongoing state lawsuit challenges Evnen’s authority to release this information, with arguments currently before the Nebraska Supreme Court. More details on this legal development can be found here.
