Another day, another court defeat (or four) for the Trump administration's ever-floundering campaign to seize sensitive voter data from the states.
Last week, a federal judge dismissed the DOJ’s lawsuit against New York over its refusal to hand over voter data to the federal government. And then this week, federal judges dismissed similar complaints against West Virginia, New Mexico and Virginia.
These latest defeats bring the administration’s grand total of losses to a staggering 15, with zero wins — embarrassing at this point!
The DOJ has been leaning heavily on provisions in the Help America Vote Act (HAVA), the National Voter Registration Act (NVRA) and the Civil Rights Act of 1960 (CRA) to make its case for why it is entitled to voter data from 44 states and Washington D.C. The data they’re after includes Social Security and driver's license numbers. Not a single judge has sided with the DOJ in its overreach campaign thus far.
In her ruling dismissing the DOJ’s lawsuit against New York, U.S. District Judge Mae D’Agostino, a Barack Obama appointee, noted that neither the Civil Rights Act nor the Help America Vote Act, give the DOJ authority to demand personal identifying voter information from the state.
“Pursuant to the Elections Clause of the United States Constitution, the States are empowered, in the first instance, to regulate and administer elections,” she wrote.
“For these reasons, this Court joins every district court to have addressed this issue in concluding that a voter registration list is not a record or paper that a state must produce to the Government under Title III,” she added.
And, U.S. District Judge Thomas E. Johnston, an appointee of George W. Bush, granted West Virginia’s motion to dismiss the DOJ’s lawsuit, ruling that the DOJ had no grounds to be demanding the type of information that it is demanding.
“Clearly, this demand is devoid of any factual basis,” Johnston wrote. “The demand includes no indication that West Virginia is suspected to be noncompliant with the list maintenance requirements of HAVA or the NVRA, nor does it point to any anomalies in West Virginia’s voter registration data.”
Also this week, U.S. District Judge Judith Herrera issued a similar ruling in a case against New Mexico, saying that the DOJ did not state its “basis” for requesting this information.
In Virginia, U.S. District Judge Roderick Young, a Trump appointee, wrote in his ruling that Virginia’s voter data is “outside the scope of Title III of the CRA, the Motions to Dismiss will be granted.