DOJ Memo Outlines Legal Rationale for Voter Data Collection
The Department of Justice Office of Legal Counsel released a memo outlining the legal rationale behind the Trump administration's nationwide voter data collection efforts. The memo justifies an aggressive federal role in vetting voter eligibility, a position that courts have repeatedly rejected in related litigation.
The memo concedes that election administration is primarily the purview of the states, but argues that the administration's efforts are a lawful exercise of federal oversight. The Justice Department grounds this rationale in a provision of the 1960 Civil Rights Act, which requires election officials to keep voter records for 22 months after an election so that the federal government can investigate potential civil rights violations.
Legal Basis for Data Collection
Under the memo's reading, the retention rule also gives the Attorney General authority to obtain copies of those records upon demand in writing. The memo cites several other federal election laws, including the Help America Vote Act, the National Voter Registration Act, and the Voting Rights Act, as support for the executive branch's efforts.
These statutes have long required states to modernize and secure voting systems, including accessibility upgrades, and maintain accurate voter rolls by removing ineligible voters. The memo argues that the potential presence of one or more non-citizens on state voter rolls is enough to trigger the federal government's nationwide data collection and sharing efforts with immigration authorities.
Court Rulings and Criticisms
Multiple federal courts have come to the opposite conclusion, dismissing half a dozen lawsuits from the DOJ and the Department of Homeland Security that would force states to comply. David Becker, executive director of the Center of Election Innovation and Research, noted that six courts, including two judges appointed by the current president, have rejected the administration's position.
6 courts, including 2 judges appointed by the current president, think this 'opinion' isn't worth the paper it's written on.
Sarah Copeland Hanzas, Secretary of State for Vermont, gave a similar reaction, stating that the memo is "not worth the paper it's printed on" and that it's "41 pages of fantasy."
State Resistance and Executive Orders
Election officials have largely resisted the federal government's demands, with West Virginia Secretary of State Kris Warner stating that he had no intentions of handing over more information than is already publicly available. The administration has sued dozens of states who have refused to hand over such data, though it has yet to convince courts of the merit.
An executive order issued by the White House earlier this year sought to deny federal funding to states that did not accept voter lists from the federal government and directed the Attorney General to investigate state election officials for voter roll discrepancies. Voting groups have challenged the order's legality, and a previous election-related executive order was largely ruled unconstitutional by the courts.
Conclusion
The DOJ memo outlines the administration's position on voter data collection, but it remains to be seen whether the courts will uphold this position. The ongoing debate highlights the tension between federal and state authority in election administration and the importance of protecting voter privacy and ensuring the integrity of the electoral process.
Source: CyberScoop