Judge dismisses DOJ lawsuit demanding California voter rolls
A federal judge on Thursday dismissed a U.S. Justice Department lawsuit demanding California turn over its voter rolls, calling the request “unprecedented and illegal” and accusing the federal government of trying to “abridge the right of many Americans to cast their ballots.”
U.S. District Judge David O. Carter, a Clinton appointee based in Santa Ana, questioned the Justice Department’s motivations and called its lawsuit demanding voter data from California Secretary of State Shirley Weber not just an overreach into state-run elections, but a threat to American democracy.
“The centralization of this information by the federal government would have a chilling effect on voter registration which would inevitably lead to decreasing voter turnout as voters fear that their information is being used for some inappropriate or unlawful purpose,” Carter wrote. “This risk threatens the right to vote which is the cornerstone of American democracy.”
Carter wrote that the “taking of democracy does not occur in one fell swoop; it is chipped away piece by piece until there is nothing left,” and that the Justice Department’s lawsuit was “one of these cuts that imperils all Americans.”
The Justice Department did not immediately respond to a request for comment late Thursday.
In a video she posted to the social media platform X earlier Thursday, Assistant Atty. Gen. Harmeet Dhillon — who heads the Justice Department’s Civil Rights Division — said she was proud of her office’s efforts to “clean up the voter rolls nationally,” including by suing states for their data.
“We are going to touch every single state and finish this project,” she said.
Weber, who is California’s top elections official, said in a written statement that she is “entrusted with ensuring that California’s state election laws are enforced — including state laws that protect the privacy of California’s data.”
“I will continue to uphold my promise to Californians to protect our democracy, and I will continue to challenge this administration’s disregard for the rule of law and our right to vote,” Weber said.
Gov. Gavin Newsom’s office called the decision another example of “Trump and his administration losing to California” — one day after another court upheld California’s congressional redistricting plan under Proposition 50, which the Trump administration also challenged in court after state voters passed it overwhelmingly in November.
The Justice Department sued Weber in September after she refused to hand over detailed voter information for some 23 million Californians, alleging that she was unlawfully preventing federal authorities from ensuring state compliance with federal voting regulations and safeguarding federal elections against fraud.
It separately sued Weber’s counterparts in various other states who also declined the department’s requests for their states’ voter rolls.
The lawsuit followed an executive order by President Trump in March that purported to require voters to provide proof of citizenship and ordered states to disregard mail ballots not received by election day. It also followed years of allegations by Trump, made without evidence, that voting in California has been hampered by widespread fraud and voting by noncitizens — part of his broader and equally unsupported claim that the 2020 presidental election was stolen from him.
In announcing the lawsuit, Atty. Gen. Pam Bondi said in September that “clean voter rolls are the foundation of free and fair elections,” and that the Justice Department was going to ensure that they exist nationwide.
Weber denounced the lawsuit at the time as a “fishing expedition and pretext for partisan policy objectives,” and as “an unprecedented intrusion unsupported by law or any previous practice or policy of the U.S. Department of Justice.”
The Justice Department demanded a “current electronic copy of California’s computerized statewide voter registration list”; lists of “all duplicate registration records in Imperial, Los Angeles, Napa, Nevada, San Bernardino, Siskiyou, and Stanislaus counties”; a “list of all duplicate registrants who were removed from the statewide voter registration list”; and the dates of their removals.
It also demanded a list of all registrations that had been canceled due to voter deaths; an explanation for a recent decline in the recorded number of “inactive” voters in California; and a list of “all registrations, including date of birth, driver’s license number, and last four digits of Social Security Number, that were canceled due to non-citizenship of the registrant.”
Carter, in his ruling Thursday, took particular issue with the Justice Department’s reliance on federal civil rights laws to make its case.
“The Department of Justice seeks to use civil rights legislation which was enacted for an entirely different purpose to amass and retain an unprecedented amount of confidential voter data. This effort goes far beyond what Congress intended when it passed the underlying legislation,” Carter wrote.
Carter wrote that the legislation in question — including Title III of the Civil Rights Act of 1960 and the National Voter Registration Act (NVRA) of 1993 — was passed to defend Black Americans’ voting rights in the face of “persistent voter suppression” and to “combat the effects of discriminatory and unfair registration laws that cheapened the right to vote.”
Carter found that the Justice Department provided “no explanation for why unredacted voter files for millions of Californians, an unprecedented request, was necessary” for the Justice Department to investigate the alleged problems it claims, and that the executive branch simply has no power to demand such data all at once without explanation.
