Today the League of Women Voters of Michigan — represented by the Brennan Center for Justice at NYU Law, Campaign Legal Center, and Goodman Acker — filed an amicus brief with the United States Court of Appeals for the Sixth Circuit, urging the court to uphold a lower court’s dismissal of US v. Benson, the Justice Department’s lawsuit seeking the state’s unredacted voter rolls. Among other arguments, the brief states that the Constitution gives the states — not the federal government — the power to administer elections.
The Justice Department sued Michigan in September after the state refused to give the department its complete voter file, which contains driver’s license numbers, partial Social Security numbers, and other sensitive voter information. In February, a federal judge dismissed the suit, and later that month, the department appealed the decision.
As the brief points out, the Justice Department’s demands for these voter files, which it has made in at least 48 states, are part of an effort to collect sensitive information and unlawfully centralize Americans’ data. The department has not established that it has a legal right to this data in this instance, and has given no indication that it would use the data for any lawful purpose. These actions would put the integrity of elections and voters’ data security at risk.
Including its case against Michigan, the Justice Department has filed 31 lawsuits in federal court against states and the District of Columbia, that have refused to provide complete voter files to the department. So far five have been dismissed (California, Oregon, Massachusetts, Michigan, and Rhode Island). The League of Women Voters, the Brennan Center for Justice, and Campaign Legal Center are participating in many of these cases to protect voters’ information and the integrity of our elections against the Justice Department’s attempts to amass voter files.
The organizations commented on today’s filing as follows:
“Michigan voters should not have to worry that their personal information will be exposed as the cost of participating in our elections. The League of Women Voters of Michigan is proud to stand up for voters and, as this case continues on appeal, we remain aligned with the state in protecting their privacy.” — Lynne Kochmanski, co-president, League of Women Voters of Michigan
“The Department of Justice’s demand for sensitive voter data goes beyond what federal law requires and raises serious concerns about voter privacy. As this case moves through the courts, we continue to support Michigan’s efforts to protect that information and ensure long-standing safeguards for voters are upheld.” — Caren Short, director of legal and research for the League of Women Voters
“The dismissal of US v. Benson must stand. The Justice Department has no reason to demand Michigan’s complete voter file and all of the sensitive information within. This effort is part of a wider campaign to amass the country’s voter files and undermine the integrity of our elections.” — Eileen O’Connor, senior counsel, Brennan Center for Justice
“The Constitution gives the power to regulate and administer elections to the states and Congress, not the executive branch. Attempts by the Department of Justice to obtain sensitive information about voters in Michigan outside of its statutory authority not only violates the Constitution, but it also chills Michigander’s freedom to vote. Voters deserve confidence that their information is secure, and our coalition will continue working tirelessly throughout this election cycle and beyond to safeguard voters’ rights.” — Sejal Jhaveri, senior legal counsel for strategic litigation, Campaign Legal Center
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