Today the League of United Latin American Citizens filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit in United States v. Weber, the Department of Justice’s lawsuit demanding California’s complete voter files. The League is represented by the Brennan Center for Justice at NYU Law, Campaign Legal Center, and Democracy Forward Foundation.
The brief urges the court to uphold the January dismissal of the lawsuit. A federal judge rejected the department’s claims that it is entitled to the complete voter files.
The brief notes that U.S. v. Weber is one of 31 lawsuits the Justice Department has filed nationwide seeking access to state voter files, which contain the personal information of millions of Americans, including partial Social Security and driver’s license numbers.
As the brief argues, forcing states to give this data to the federal government could chill voter registration and participation — particularly among Latino voters.
The brief also contends that the Justice Department’s legal rationale for collecting private voter data is spurious. The department claims it needs this information to verify states’ compliance with federal laws related to voter list maintenance, but list maintenance is managed by states alone. The brief provides evidence that the Trump administration is demanding this data for immigration enforcement reasons.
“The stakes of these cases are high. Since the DOJ filed, we have seen a growing sense of fear take hold among registered voters who worry their sensitive data may be exposed. This is a troubling shift felt across California, particularly within the Latino community. LULAC remains committed to rebuilding trust because our democracy is strongest when communities are informed, protected, and empowered.” — Juan Proaño, Chief Executive Officer of LULAC
“The Justice Department’s national campaign to obtain private voter data from state voter files threatens election integrity and voters’ privacy. California refused to hand over its voters’ sensitive data, choosing instead to continue protecting that information. The Ninth Circuit should affirm the dismissal of this case.” — Eileen O’Connor, senior counsel, Brennan Center for Justice
“Repeated attempts by the Department of Justice to seize Californians’ sensitive data is an unlawful overstep by the federal executive and threatens to intimidate voters from making their voices heard. We encourage the 9th Circuit Court of Appeals to affirm the district court and rule in favor of voters. Our Constitution is clear — it plainly vests the authority to administer elections with the states and Congress, with only a limited statutory role for the federal executive. Campaign Legal Center will continue working with our coalition partners in California and across the country to put a stop to this unlawful demand.” — Sejal Jhaveri, senior legal counsel, Campaign Legal Center
“Any loss of confidence in privacy protections risks chilling voter participation and undermines the trust necessary for the full exercise of voting rights. Protecting participation, safeguarding access, and ensuring every eligible voter can engage freely in our elections are vital to the health and resilience of American democracy.” — Pooja Chaudhuri, deputy litigation director of the Democracy Defenders Fund
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