A federal judge has dismissed a lawsuit by the Justice Department aimed at compelling New Hampshire to turn over its voter rolls, dealing the Trump administration another setback in its quest for detailed information about the nation’s voters.
The ruling from U.S. District Judge Joseph LaPlante found that the request to provide the state’s voter registration list did not comply with a section of the Civil Rights Act of 1960 pertaining to federal election records. His ruling, issued Monday, also found that the Justice Department failed to allege any violation under the Help America Vote Act of 2002, which established standards for states’ voting systems and voter registration lists.
That prevents “allowing the Attorney General unrestricted access to New Hampshire’s (voter list) to conduct a line-by-line audit to assess a ‘possible’ violation of a federal statute,” wrote LaPlante, an appointee of former President George W. Bush.
New Hampshire Secretary of State David Scanlan, a Republican, welcomed the ruling.
“I am committed to protecting the private information of New Hampshire voters to the fullest extent required by law,” he said in a statement.
The dismissal in New Hampshire brings to 10 the number of states where the Justice Department has lost similar cases. The department has sued to force release of detailed state voter data — which includes dates of birth, addresses, driver’s license numbers and partial Social Security numbers — in 30 states and the District of Columbia.
In addition to New Hampshire, judges have rejected those attempts in Arizona, California, Maine, Massachusetts, Maryland, Michigan, Oregon, Rhode Island and Wisconsin. In Georgia, a judge dismissed a Justice Department lawsuit because it had been filed in the wrong city, prompting the government to refile elsewhere.
In explaining their push for the records, federal officials have said they need the voter data to ensure that states are complying with federal election laws related to maintaining voter registration lists, even though states already have detailed processes to do that. In the case out of Rhode Island, a Justice Department attorney acknowledged that the department was seeking unredacted voter roll information so it could be shared with the Department of Homeland Security to check citizenship status.
Democratic and some Republican officials have objected to the Justice Department requests for detailed voter data and said such a demand violates state and federal privacy laws.
At least 13 states have either provided or promised to provide their voter registration lists to the department, according to the Brennan Center for Justice and Associated Press reporting: Alaska, Arkansas, Indiana, Louisiana, Mississippi, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas and Wyoming.