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In a significant legal decision, a federal judge in Santa Ana, California, has dismissed a lawsuit brought by the U.S. Department of Justice against the state. The lawsuit aimed to access detailed voting records and personal data of California’s 23 million registered voters. The judge, David O. Carter, described the government’s request as “unprecedented and illegal.”
The lawsuit, initiated by the Trump administration the previous year, argued that California and other states were unlawfully obstructing federal efforts to obtain extensive voter data, which the states maintained was confidential and protected. The administration’s push for access was met with resistance, reflecting broader concerns over privacy and state rights.
In his thorough 33-page ruling, Judge Carter emphasized that the federal government “may not unilaterally usurp the authority over elections.” He highlighted the potential repercussions of such data gathering, suggesting it could deter voter registration and undermine “the right to vote, which is the cornerstone of American democracy.”
Carter further stated, “There cannot be unbridled consolidation of all elections power in the executive branch without action from Congress.” This, he argued, would contradict the fundamental promise of fair and free elections, underscoring the necessity of maintaining a balance of power in the electoral process.
“There cannot be unbridled consolidation of all elections power in the executive (branch) without action from Congress,” Carter said. “This is antithetical to the promise of fair and free elections.”
The Justice Department did not immediately respond to an emailed request for comment.
It has accused states of failing to respond sufficiently to questions about the procedures they take to maintain voter rolls. The department has sued 23 states, most of them controlled by Democrats, and the District of Columbia for detailed voter data that includes names, dates of birth, residential addresses, driver’s license numbers and partial Social Security numbers.
State election officials have questioned what the DOJ plans to do with that information. Last fall 10 Democratic secretaries of state wrote Attorney General Pam Bondi and Homeland Security Secretary Kristi Noem to express concern over reports that the DOJ was sharing state voter data with the Department of Homeland Security.
U.S. Citizenship and Immigration Services, which is part of DHS, operates a program that checks citizenship status.
California Secretary of State Shirley Weber, the state’s chief elections officer, said in a statement that California would “continue to challenge this administration’s disregard for the rule of law and our right to vote.”