Introduction
On June 25, 2026, the Brennan Center, represented by Democracy Forward Foundation, filed a lawsuit in federal district court in New York to compel the U.S. Department of Justice (DOJ) to comply with a request for documents under the Freedom of Information Act (FOIA). The Brennan Center’s FOIA request pertained to the DOJ’s effort to collect states’ voter registration lists. The Brennan Center filed suit after the DOJ largely denied its request for documents.
Background
Since May 2025, the DOJ has sent unprecedented demands to almost every state to obtain voter registration lists that include voters’ personal information, such as driver’s license and social security numbers. The DOJ has filed dozens of lawsuits against states who refused to provide their voter rolls. But at least 16 states have provided the DOJ with their unredacted voter rolls and very little is known about what the DOJ is doing with those voter rolls. Public reports indicate that the DOJ plans to attempt to identify individuals they believe to be ineligible.
On April 28, 2026, the Brennan Center and Democracy Forward Foundation sent the Civil Rights Division of the DOJ three FOIA requests seeking documents related to DOJ’s efforts to gather voter registration information. These requested records include lists of voters the DOJ has identified as potentially ineligible, proposed memoranda of understanding for states that would notify states of voter list maintenance issues, and communications between DOJ officials and state officials regarding voter rolls. The Brennan Center also requested expedited processing due to media interest and the need to inform the public of the government’s activities.
On May 11, 2026, the Civil Rights Division acknowledged the requests and routed the requests for expedited processing to DOJ’s Office of Public Affairs.
On May 28, 2026, the Brennan Center sent a follow-up letter to supplement the request for expedited processing. All three requests were denied expedited processing, and the appeals by the Brennan Center were also ultimately denied.
The lawsuit
On June 25, 2026, the Brennan Center filed suit in the Southern District of New York. The Brennan Center also filed a motion for preliminary injunction to require the DOJ to provide responsive records to the request before the 2026 federal election.
On July 9, 2026, the parties jointly submitted a proposed schedule in which the DOJ would provide all responsive documents by September 16, 2026.
The Brennan Center is represented by the Democracy Forward Foundation.
Case documents
- Complaint for Injunctive Relief (June 25, 2026)
- Brief in Support of Motion for Preliminary Injunction (June 25, 2026)
- Joint Letter Stipulation and Proposed Order (July 9, 2026)
Learn more
- Kaylie Martinez-Ochoa, Eileen O’Connor, Patrick Berry, Tracker of Justice Department Requests for Voter Information
- Andrew Garber, Federal Courts Reject Trump Administration’s Attempts to Obtain Private Voter Information (June 30, 2026)
- Eileen O’Connor, Resistance to Trump Administration’s Demands for State Voter Files Is Bipartisan and Widespread (May 6, 2026)
- Eileen O’Connor, “Confidential” Agreements Show Trump Administration’s Plans for States’ Voter Data (February 5, 2026)
