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LANSING – Today, Judge Hala Jarbou of the United States District Court for the Western District of Michigan dismissed a lawsuit (PDF) filed by the U.S. Department of Justice (DOJ) that unlawfully sought Michigan’s full electronic voter list with no redactions for sensitive personal information, including full dates of birth, driver’s licenses, social security numbers, and personal identification card numbers. The Court granted the motion to dismiss filed by Michigan Attorney General Dana Nessel on behalf of the Michigan Department of State and the State of Michigan.
“The Trump administration attempted to unlawfully force Michigan into handing over private, sensitive information of millions of voters with no legal basis, and I am relieved that the Court dismissed this case,” said Attorney General Nessel. “We will not be bullied into violating the privacy rights of residents, and my office will continue to protect the personal data of Michiganders.”
“This ruling is a victory for the citizens of Michigan and the rule of law,” said Secretary of State Jocelyn Benson. “Once again, a federal judge has blocked this administration from abusing their authority and attempting to illegally intimidate state officials into handing over citizens’ personal information. Today’s decision affirms that the law is on our side. I urge state election officials across the country to stand up to the federal government’s overreach and to safeguard citizens’ private voting information we’ve been entrusted to protect. I will never stop fighting any effort that threatens the rights and privacy of Michigan’s voters.”
In its lawsuit, the DOJ argued that it has a right to Michigan’s unredacted electronic voter list under the Civil Rights Act of 1960 (CRA), the National Voter Registration Act (NVRA), and the Help America Vote Act (HAVA). Judge Jarbou rejected those arguments, concluding that HAVA does not require the disclosure of any voter records, that Michigan’s electronic voter list is not a list maintenance record subject to disclosure under the NVRA, and similarly that the electronic voter list is not a paper or record that comes within an election official’s possession for purposes of disclosure under the CRA.
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