In a significant judicial decision, the Trump administration faced another hurdle in its quest to access sensitive voter registration data from Wisconsin. This ongoing legal battle underscores tensions over election security and voter privacy.
Last month, a federal district court ruled against the U.S. Department of Justice’s (DOJ) request for unredacted voter data, including driver’s license numbers and partial Social Security numbers. Undeterred, the DOJ appealed to the 7th Circuit Court of Appeals to expedite its case, aiming to audit Wisconsin’s voter registration list before the upcoming elections.
The DOJ argued in its emergency motion that a federal audit was essential to prevent absentee ballots from being sent to “non-citizens” or “fraudulent” registrants. However, the appeals court denied this request.
So far, the DOJ has pursued 30 lawsuits concerning voter rolls across various states and the District of Columbia. According to an analysis by the State Democracy Research Initiative at the University of Wisconsin-Madison Law School, nine of these cases have been dismissed by federal judges.
The Trump administration’s efforts align with a proposed U.S. Postal Service regulation aiming to prohibit mailing ballots unless voters are on a federally approved list. Yet, this proposal was blocked by a federal judge recently.
While the Wisconsin Elections Commission has shared publicly accessible voter data with the DOJ, it resists further data disclosures. The Commission contends that federal laws such as the Civil Rights Act of 1960, the Help America Vote Act, and the National Voter Registration Act do not mandate providing more sensitive information.
In a brief filed in court, the Wisconsin Elections Commission argues that Congress has not authorized the DOJ to regulate state voter rolls under these laws. Additionally, due to Wisconsin’s same-day registration, it claims exemption from certain federal requirements.
The brief criticizes the DOJ’s timing, stating, “Even if it were possible to achieve these steps in the time left, the notion that such a chaotic process would serve the interests of Wisconsin voters is absurd.”
Derek Clinger, an attorney with the State Democracy Research Initiative, noted that the appeals court still needs to decide on the DOJ’s lawsuit’s merits. He highlighted Wisconsin’s same-day registration as a key argument against federal intervention.
Clinger also pointed out that the U.S. 6th Circuit Court of Appeals recently dismissed a similar case, marking a significant setback for the Trump administration. While not binding on Wisconsin’s case, Clinger observed that it holds “persuasive value” for the 7th Circuit judges.
