WASHINGTON, D.C. – In late September, the Justice Department filed lawsuits against several states, including Michigan, for failure to produce their statewide voter registration lists. The lawsuit has election watchdogs concerned about the DOJ’s request. They said that information is protected by the states and raises privacy concerns.
Attorney General Pam Bondi said in a press release :“Clean voter rolls are the foundation of free and fair elections.” She adds: “Every state has a responsibility to ensure that voter registration records are accurate, accessible and secure, and states that don’t fulfill that obligation will see this department of justice in court.”
According to correspondence we received between one state and the DOJ, the Justice Department also requested states to produce driver’s license numbers and social security numbers for all of their voters. Both Republican and Democratic-led states are rejecting the administration’s request for this information.
“Sensitive fields like social security numbers, driver’s license number and dates of birth, which they specify they wanted, all of which are protected under state laws,” said Becker. “Which constitute the holy grail of identity theft and the states are very protective of their citizens, their voters and that sensitive data.”
Becker said the DOJ’s reasons for requesting this sensitive data is not entirely clear and the legal justifications for it are weak. There are concerns that the administration is looking to increase their authority and reduce state’s autonomy on how they run elections.
“The federal law does not authorize the DOJ to seize the level data, particularly the sensitive level data from the states,” said David Becker, executive director and founder of the nonpartisan nonprofit Center for Election Innovation and Research. “They claim the National Voter Registration Act, the Help America Vote Act and the Civil Rights Act entitled them to this information. That is simply not true.”
Becker also adds “the federal government does not get to tell a state how to run its program of list maintenance.”
Secretary of State Jocelyn Benson sent us this statment:
“It’s important for every Michigander to understand what’s at stake here – the U.S. Justice Department is trying to get us to turn over the private, personal information of more than 8 million state residents. That includes people’s driver’s license numbers, Social Security numbers, and other personally identifiable information. I told them they can’t have it. I’m required to follow the law. State and federal law include strict privacy protections that keep people’s personal data confidential and keep everyone safe from identity theft. This kind of request is not normal. Why is this happening now? Why does the federal government want access to everyone’s personal information? I have asked them these questions. Other secretaries of state – both Democrats and Republicans – have also asked them these questions. They refuse to give us a straight answer. We gave the Justice Department exactly what they are legally entitled to – the public version of Michigan’s voter file. States can and must hold the line. Only state and local election officials – not the president, the DOJ, or any other federal agency – have the right to people’s private voter information. The people of Michigan have entrusted this department with their personal data, and I will stand up to this illegal and unconstitutional power grab.”
We reached out to the DOJ on the lawsuits and tried to get clarification on why they are requesting this information, but there was an automated message saying that due to the shutdown, there could be delays in producing a response.