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US Midterms 2026
7SEP

Judge voids DOJ's SAVE voter-roll policy

2 min read
13:32UTC

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
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Different Perspectives
Judge Adolf Zeman, Alaska Superior Court
Judge Adolf Zeman, Alaska Superior Court
Zeman refused to dismiss the League of Women Voters, Alaska Black Caucus and ACLU of Alaska suit over the state giving DOJ its unredacted voter list. The privacy claims now go to evidence-gathering under the Alaska Constitution.
Judge Thomas Schroeder, US District Court for the Middle District of North Carolina
Judge Thomas Schroeder, US District Court for the Middle District of North Carolina
Schroeder refused on 19 October to block the State Board of Elections rule that rejects mail ballots with an unsealed or missing inner envelope. He found the challengers had delayed and that relief was infeasible with voting under way, and pointed to notice-and-cure provisions as a safeguard.
Stephen Richer, Republican former Maricopa County recorder
Stephen Richer, Republican former Maricopa County recorder
Richer submitted a brief on 20 October supporting the voting groups on documentary proof of citizenship at registration. He takes no position on the separate 90-day voter-removal question.
Senate Leadership Fund
Senate Leadership Fund
The Senate Leadership Fund began spending for interim Senator Darline Graham Nordone on 19 October, taking its South Carolina total to $4.06m, including $2.25m against Democrat Annie Andrews. Republicans are now paying to defend a seat in a state Donald Trump carried in 2024.
WinSenate, the ad-buying affiliate of Senate Majority PAC
WinSenate, the ad-buying affiliate of Senate Majority PAC
WinSenate began buying Kansas airtime against Roger Marshall on 10 October and had reported $8.14m there by 20 October. Marshall held $922,088 in cash on 30 September and the NRSC gave him no party money in September, so the Democratic side is spending where the Republican committee has not.
County Board of Arlington County
County Board of Arlington County
Arlington says federal Polling Place Policies allowing armed agents at polling sites breach 18 USC 592, the 1865 ban on troops or armed men at an election. It reads Markwayne Mullin's 1 September remarks as confirming such a policy, and asks Judge Brinkema to keep armed federal staff from its polls and drop boxes.

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