Federal Court Vacates DOJ Policy on State Voter Data

A federal district court in Washington, D.C., vacated a Justice Department policy on October 9, 2026, that allowed the agency to collect state voter records. The ruling, issued in a lawsuit filed by Common Cause, found that the data collection policy exceeded the department's legal authority, was arbitrary and capricious, and violated federal law. The Justice Department has appealed the decision to the D.C. Circuit Court of Appeals.

This legal victory comes as a University of Wisconsin-Madison tally identifies 31 federal lawsuits filed by the administration seeking access to state voter data. State officials have largely refused these requests, citing privacy laws and constitutional protections. The administration stated it sought the rolls to identify noncitizens who were illegally registered to vote, a move that aligns with its broader efforts to scrutinize election processes following the failure of the SAVE America Act in the Senate.

Democratic lawmakers and election experts describe a coordinated effort to prepare for potential disputes in the November midterms. This group, which includes legislators, litigators, and scholars, has prewritten legal briefs and identified high-risk states such as California, Illinois, and New York. These jurisdictions are considered vulnerable due to close results, slow vote counting, or previous presidential scrutiny. Marc Elias, a prominent election litigator, noted his firm is involved in dozens of cases across every state, including a recent Supreme Court halt to a Postal Service order regarding mail-in ballots.

In Congress, Senate Minority Leader Chuck Schumer and Sen. Alex Padilla announced that more than 100 staff members agreed to participate in a new Senate election observer program this month. The House has maintained a similar staff observer program since the 1980s. These observers are designated to watch voting and tabulation without interfering with the process or advocating for specific candidates. Sen. Mitch McConnell, who chairs the relevant committee, has not yet confirmed whether Republican staff will join the effort.

White House spokeswoman Lauren Bis told NPR in October that President Trump has done more than any other president to ensure free and fair elections. Justin Vail of Protect Democracy argued that the president's July remarks on the SAVE America Act were intended to sow doubt about the November results. Vail described a strategy to deceive, disrupt, and deny, while noting that studies consistently find voter fraud to be rare.

Sen. Lisa Blunt Rochester, D-Del., emphasized that elections remain a state and local responsibility. She stated that the role of Congress is to connect local administrators with outside support groups. Election law experts consulted by NPR agreed that the Constitution assigns administration of elections to the states and Congress, leaving no explicit role for the executive branch. Vanita Gupta of NYU's Center for Law and Public Trust said the path to a new Congress may be messy, but free and fair elections will occur if voters do not take their rights for granted.