‘Huge violation of privacy’: Dems declare war against Trump admin over latest move

Residents of Wisconsin and Washington, DC this week continued the legal fight against efforts by President Donald Trump’s administration to gain access to confidential information about registered voters as the Democratic National Committee issued a related warning to 10 state governments.

The group Common Cause on Thursday highlighted its recent motion to intervene in United States v. Evans, a federal lawsuit brought by the US Department of Justice (DOJ) against the District of Columbia’s Board of Elections, led by Monica Evans.

Lawyers from the ACLU National Voting Rights Project filed the motion in the US District Court for the District of Columbia on behalf of Common Cause and two DC voters, Ruth Goldman and Chris Melody Fields, in late December.

As the filing notes, the Trump administration wants to obtain personal details about adults in DC and all 50 states “to build an unauthorized national voter database and to target voters for potential challenges and disenfranchisement.”

The Republican administration has sued nearly half of US states plus DC in a bid to get their voter information.

“Handing over voter data without any parameters or protections in place is a huge violation of privacy and invites exactly the kind of errors that have historically led to eligible voters being wrongly purged or denied their right to vote.”

Ethan Herenstein, staff attorney with the ACLU project, explained in a statement that “federal law does not authorize the Department of Justice to demand sweeping access to voters’ most sensitive personal information.”

“Handing over voter data without any parameters or protections in place is a huge violation of privacy and invites exactly the kind of errors that have historically led to eligible voters being wrongly purged or denied their right to vote,” Herenstein warned.

Maryam Jazini Dorcheh, senior director of litigation at Common Cause, said that “voters in DC, and all voters, rightly expect the government to keep their personal information secure and only use it for its intended purpose of maintaining accurate records.”

“We are committed to defending voters’ rights and privacy in Washington, DC and nationwide, and this case is one of many where we are stepping in to ensure those protections are upheld,” she continued.

Demonstrating that commitment, Common Cause and the ACLU also partnered with attorneys from Law Forward and three Wisconsin voters—Melissa Adams, Amanda Makulec, and Jaime Riefer—on Thursday to file a motion to intervene in a similar suit the administration launched against the Wisconsin Elections Commission (WEC), which has refused to hand over vote data.

“If provided this data, the Justice Department could easily manipulate the data to spread disinformation about voting and attempt to baselessly target eligible voters and remove them from the rolls,” said Ryan Cox, legal director at the ACLU of Wisconsin. “We’ve seen this play out in numerous other states, and there is no reason to believe that this administration wouldn’t weaponize Wisconsinites’ private data toward those same ends. We must prevent this federal power grab and protect our democracy from these corrupt partisan stunts.”

Eric Neff, the acting chief of the DOJ’s Voting Section, said in federal court last month that Arkansas, Indiana, Kansas, and Wyoming—which all have Republican secretaries of state—have “complied voluntarily” with the department’s data demand. He also said that several other states “have expressed with us a willingness to comply” based on an agreement called a memorandum of understanding (MOU) “that we have sent them.” The DNC issued warnings to 10 of those states on Friday.

Daniel Freeman, the DNC’s litigation director, sent letters to election leaders Alabama, Mississippi, Missouri, Montana, Nebraska, South Carolina, South Dakota, Tennessee, Texas, and Utah “to address an imminent violation of the National Voter Registration Act (NVRA),” pointing to Neff’s comments about the MOU.

Specifically, the letter warns that the MOU’s 45-day removal demand “has the potential to violate two provisions of the NVRA: the notice and waiting provision governing removal based on a suspected change in residence... and the quiet period provision barring systematic voter list maintenance in the months before a federal election.”

“This letter does not constitute written notice of violations of the NVRA,” Freeman noted. “Rather, the DNC sends this letter in the hope that the imminent violations set out above may still be avoided. Nonetheless, the DNC stands ready to issue a formal notice should evidence of ongoing violations come to light.”

In a Friday statement, DNC Chair Ken Martin accused Trump and US Attorney General Pam Bondi of a “big government power grab” aimed at gathering “sensitive personal information like driver’s license numbers, Social Security numbers, and party affiliation, opening the door to privacy concerns and further political retribution.”

“The DNC won’t stand idly by as the Trump DOJ tries to get access to voters’ sensitive information and put eligible voters at risk of being wrongfully purged from voter rolls, which is why we are calling on secretaries of state and election officials across the country to stand up for voters and reject the Trump administration’s illegal agreement,” he said. “To be clear: Democrats stand ready to fight back and defend voters, and we’re prepared to use the tools at our disposal to do so.”

Some state officials have already publicly responded. Nebraska Secretary of State Bob Evnen accused the DNC of “grandstanding” and said that he has no plans to sign an MOU but will send the state’s registration list next month “unless barred by a court order,” while a spokesperson for the Texas Secretary of State’s Office told Votebeat and the Texas Tribune that the state sent its voter roll last month.

Others have been tight-lipped. The office of Utah Lt. Gov. Deidre Henderson—who gave the administration a public statewide voter registration list last year—told Deseret News on Friday that she doesn’t have anything additional to add at this time. Mississippi Today reported that Secretary of State Michael Watson’s office did not immediately respond to a request for comment.

TJ Lundeen, a spokeperson for the South Carolina Election Commission, told the Post and Courier that the agency’s legal team is reviewing the DNC’s letter. Lunden added that any deal with the DOJ will be presented and voted on during a public meeting.

Meanwhile, a DOJ spokesperson told Axios, which reported on the DNC letters, that “organizations should think twice before interfering in a federal investigation and encouraging the obstruction of justice, unless they’d like to join the dozens of states that are learning their lesson in federal court.”

White House spokesperson Abigail Jackson also weighed in, telling the outlet that “the Civil Rights Act, National Voting Rights Act, and Help America Vote Act all give the Department of Justice full authority to ensure states comply with federal election laws, which mandate accurate state voter rolls.”

“President Trump is committed to ensuring that Americans have full confidence in the administration of elections, and that includes totally accurate and up-to-date voter rolls free of errors and unlawfully registered noncitizen voters,” she added of the Republican leader who notably tried to cling to power after losing the 2020 presidential election.

The current fight over voter data dates back to Trump’s controversial March executive order on US elections. In October, DC-based District Judge Colleen Kollar-Kotelly permanently blocked the part that required proof of US citizenship on federal voter registration forms. The ACLU was also involved in that legal battle. Sophia Lin Lakin, director of the group’s Voting Rights Project, welcomed the ruling as a “clear victory for our democracy.”