DOJ Sues States for Voter Information–What to Know

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The Justice Department is also suing Fulton County, Georgia, for records related to the 2020 election.

The U.S. Department of Justice (DOJ) is suing 18 states that refused to hand over voter registration information following a series of requests made earlier this year.

The DOJ said it wants to inspect voter rolls to make sure they are clean and up-to-date, while some states said they are worried the government has ulterior motives in requesting the information.

On Dec. 12, the department added Fulton County, Georgia, to that list; there, the government is asking for records related to the 2020 election.

Here’s what to know about the lawsuits.

The Requests

The DOJ’s inquiry began in May with a letter to Colorado Secretary of State Jena Griswold asking for voter information and certification that the state had not destroyed any records it was legally obligated to retain.

The letter said the DOJ wanted to ensure that Colorado was in compliance with the Voting Rights Act 52 U.S.C. 20701, which requires states to retain election information, including voter registrations, for 22 months following presidential and congressional races.

Similar requests went out to at least 40 states, but Maria Benson, spokeswoman for the National Association of Secretaries of State, said the DOJ told her “all states would be contacted eventually.”

The requests were sent out following President Donald Trump’s executive order asking the DOJ to verify that states were checking citizenship status for those who registered to vote, in compliance with the National Voter Registration Act.

A few states, like Minnesota, are exempt from the National Voter Registration Act. In those cases, the DOJ cited the Help America Vote Act, which requires similar preservation of voter records, and requires each state to maintain a single, computerized database of its registered voters.

Notably, the DOJ’s request to Minnesota also asked for other information, such as how the state struck deceased voters from its rolls, and how it dealt with duplicate registrations. It also asked the state to explain its procedures for identifying non-citizen voters.

In Nebraska, the DOJ asked for full voter registration data, including “full name, date of birth, residential address, his or her state driver’s license number or the last four digits of the registrant’s social security number.”

The Fulton County suit is different, in that it follows a July resolution passed by the State Election Board of Georgia “calling upon the assistance of the Attorney General to effect compliance with voting transparency.”

In October, the DOJ responded by requesting “all used and void ballots, stubs of all ballots, signature envelopes, and corresponding envelope digital files from the 2020 General Election in Fulton County.”

Fulton County officials rejected that request, saying the records “remain under seal” and will not be produced without a court order.

The Fulton request is notable, not just because it stems from internal state action, but because Trump narrowly lost Georgia in 2020 by fewer than 12,000 votes.

By Stacy Robinson

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