DOJ’s Voter Roll Lawsuits: A Primer
By: Linley Wilson and Alexandria J. Saquella
The U.S. Department of Justice has filed federal lawsuits against 29 states and the District of Columbia seeking access to voter registration data. On February 26, 2026, the DOJ announced lawsuits against five additional states: Utah, Oklahoma, Kentucky, West Virginia, and New Jersey. The litigation is part of the DOJ’s broader effort to ensure the accuracy of voter rolls under federal election laws.
Legal Basis and DOJ’s Position
The DOJ’s Civil Rights Division asserts authority under the Civil Rights Act of 1960, the National Voter Registration Act, and the Help America Vote Act to inspect voter registration records. The department contends that these statutes authorize the Attorney General to demand voter records to verify that states are properly maintaining their voter rolls.
“Accurate, well-maintained voter rolls are a requisite for the election integrity that the American people deserve,” Attorney General Pamela Bondi stated. The DOJ argues that federal review of state records can help identify discrepancies and ensure compliance with federal election laws.
At least 12 states—including Alaska, Arkansas, Indiana, Kansas, Louisiana, Mississippi, Nebraska, Ohio, South Dakota, Tennessee, Texas, and Wyoming—have provided or committed to providing their full voter registration data to the DOJ. Federal-state collaboration to maintain accurate voter rolls could strengthen public confidence in elections by ensuring that only eligible voters are registered and that outdated or inaccurate records are removed. Some states, however, have declined to sign a confidential memorandum of understanding that the DOJ has requested in connection with the data transfer.
Legal Proceedings and Appeals
To date, three federal district courts have dismissed DOJ’s lawsuits against California, Oregon, and Michigan, deciding that the government had not demonstrated sufficient legal authority under the cited statutes. The DOJ has appealed all three decisions and has sought expedited review of the Michigan case in the Sixth Circuit Court of Appeals.
Impact on the 2026 Elections and Supreme Court Review
With appeals proceeding (and at least one on an expedited basis), appellate decisions could be issued before the November 2026 midterm elections. The outcomes could determine whether the DOJ obtains voter data from additional states before the upcoming midterm elections.
Given the national importance of these cases and the legal questions at stake, Supreme Court review appears likely. A ruling from the nation’s highest court would clarify the scope of federal authority under the Civil Rights Act of 1960 and related statutes.
