PROVIDENCE, R.I. (AP) — A federal judge on Friday dismissed a Trump administration lawsuit demanding detailed voter data from Rhode Island, a decision that follows similar rulings in a handful of other states.
U.S. District Court Judge Mary McElroy sided with Rhode Island's top election officials and civil rights advocates, writing that federal law does not permit the U.S. Department of Justice “to conduct the kind of fishing expedition it seeks here.”
In an emailed response, the Justice Department said it would not comment on ongoing litigation.
McElroy's decision is similar to other rejections by federal judges across country since the Justice Department began seeking detailed voter data from the states. The information includes dates of birth, addresses, driver’s license numbers and partial Social Security numbers.
Federal officials say they need the voter data to ensure election security, but Democratic and some Republican officials have objected to the requests and said such a demand violates state and federal privacy laws.
“The executive branch seems to have no problem taking actions that are clear Constitutional overreaches, regularly meddling in responsibilities that are the rights of the states,” Rhode Island Secretary of State Gregg M. Amore said in a statement. "But the power of our democratic republic, built on three, coequal branches of government, is clearer than ever before.”
Some election officials have raised concerns that federal officials will use the sensitive data for other purposes, such as searching for potential noncitizens. Those concerns were raised again after the DOJ's attorneys acknowledged in the Rhode Island case that the department was seeking unredacted voter roll information so it could be shared with the Department of Homeland Security to check citizenship status.
At least 12 states have either provided or promised to provide their detailed voter registration lists to the department, according to the Brennan Center: Alaska, Arkansas, Indiana, Louisiana, Mississippi, Nebraska, Ohio, Oklahoma, South Dakota, Tennessee, Texas and Wyoming.
Meanwhile, the DOJ has sued at least 30 states and the District of Columbia seeking to force release of the data. In addition to Rhode Island, judges have rejected those attempts in California, Massachusetts, Michigan and Oregon. In Georgia, a judge dismissed a DOJ lawsuit because it had been filed in the wrong city, prompting the government to refile elsewhere.
In Rhode Island, McElroy sided with the federal judge's decision in Oregon. That ruling said the federal government was not entitled to unredacted voter registration lists containing sensitive data and said the Justice Department had failed to identify a basis or a purpose for requesting the voter records.
“Absent from the demand are any factual allegations suggesting that Rhode Island may be violating the list maintenance requirements,” McElroy wrote.
