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US Midterms 2026
26JUL

Judge voids DOJ's SAVE voter-roll policy

2 min read
10:41UTC

Judge Sparkle Sooknanan ruled on 9 October that the Justice Department acted unlawfully in collecting state voter rolls, checking them against SAVE and demanding removals.

PoliticsAssessed
Key takeaway

A federal judge has ruled unlawful DOJ's practice of checking state rolls through SAVE and demanding removals.

Judge Sparkle Sooknanan of the federal court in Washington ruled on 9 October that the Department of Justice (DOJ) acted unlawfully in collecting state voter rolls, running them through SAVE (Systematic Alien Verification for Entitlements), the federal citizenship database, and demanding removals⁠1. "The challenged policy represents the federal government's attempt to decide who gets to vote," she wrote in a 78-page ruling in Common Cause v. Department of Justice. The ruling decides part of the case on the law, without a trial.

Sooknanan is the judge whose June ruling against the modified SAVE System the Supreme Court stayed by 6-3. That stay let bulk citizenship checks resume; this ruling goes after a different link in the chain, what DOJ does with the system's output once it has a state's roll. The ACLU (American Civil Liberties Union), among the plaintiffs' lawyers, says the ruling vacates a policy "that has removed United States citizens from the voter rolls in their home states"⁠2.

The ruling adds to a run of DOJ losses in its campaign for state voter lists. By the count of the Brennan Center, a voting-rights think tank at New York University's law school, the government has sued 30 states and the District of Columbia for those lists, and 26 suits have been dismissed⁠3. DOJ said it was reviewing the decision⁠4.

Deep Analysis

In plain English

Each US state keeps its own list of registered voters. The federal Justice Department had been gathering these lists, running names through a federal database called SAVE that checks immigration status, and pressing states to remove people it flagged. A federal judge in Washington has now ruled that this was unlawful. The department says it is reviewing the decision and may appeal.

Deep Analysis
Root Causes

The Constitution's Elections Clause gives states the running of elections, subject to rules Congress sets. Congress has never given a federal agency power to order removals, so any federal programme must lean on lawsuits or data-sharing deals.

SAVE was designed to check immigration status for benefits. It reads immigration records, which often lag behind naturalisation, so a citizen naturalised years ago can still appear as a non-citizen.

What could happen next?
  • Consequence

    Federal demands for removals based on SAVE matches lose their footing unless an appeals court revives the policy.

  • Risk

    An emergency appeal could reach the Supreme Court before 3 November, as the June SAVE ruling did.

First Reported In

Update #20 · SLF's gifts to Texas PAC match Musk's to SLF

Reuters via The Spokesman-Review· 17 Oct 2026
Read original →
Different Perspectives
Department of Justice (DOJ)
Department of Justice (DOJ)
DOJ appealed to the 9th Circuit after Judge David O. Carter did not rule by a noon deadline on 22 October that DOJ itself had set, seeking to have California set aside mail ballots from more than 20,000 listed voters. Its case is that ineligible votes cancel lawful ones; the panel dismissed the appeal 2-1 on 26 October.
Lower Costs Now
Lower Costs Now
Lower Costs Now reported $7.37m in Kansas on 24 and 25 October, part of $65.65m in Senate races since its first independent expenditure on 1 October, including $17.21m for Josh Turek in Iowa. Its FEC filings show $50.18m raised by 14 October.
MAGA Inc
MAGA Inc
MAGA Inc, the super PAC aligned with Donald Trump, filed $7.20m against James Talarico on 22 October, taking its Texas spending to $37.65m. Of that, $30.12m is against Talarico and $7.53m is for Ken Paxton, the Republican nominee.
Senate Majority PAC (SMP)
Senate Majority PAC (SMP)
SMP's pre-general report shows it spent $108.70m from 1 to 14 October, including $65.0m to WinSenate and $10.0m to Texas Forever, and ended with $32.72m. Texas Forever has reported $19.40m against Ken Paxton since 1 October.
Senate Leadership Fund (SLF)
Senate Leadership Fund (SLF)
SLF's pre-general report shows $88.42m in cash on 14 October and $18.98m raised in the fortnight, none of it from Elon Musk. It has since reported $12.07m against Sherrod Brown in Ohio, and its $2.7m to Plains PAC preceded that committee's first Kansas buy on 25 October.
National Republican Senatorial Committee (NRSC)
National Republican Senatorial Committee (NRSC)
The NRSC's pre-general report shows nothing spent with Ashley Hinson in Iowa, or with its nominees in six other states, from 1 to 14 October, after $5.54m with Hinson in September. It took no new loan and ended the fortnight with $25.20m in cash and $20m of debt.

Written with AI from Lowdown's published reporting. Not individually reviewed by an editor. Editorial standards.