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US Midterms 2026
27OCT

DOJ loses again on state voter files

3 min read
13:20UTC

A Kentucky federal court threw out the Justice Department's voter-file demand on 23 July, the seventeenth dismissal in a programme that has yet to win a single ruling.

PoliticsDeveloping
Key takeaway

Seventeen dismissals rest on a pleading defect, not on any ruling that the demand itself is unlawful.

A federal court in Kentucky dismissed the Department of Justice (DOJ)'s suit for the state's voter file on 23 July, the seventeenth such dismissal since the programme began. The department filed a notice of appeal against a separate loss the same day, in Connecticut, where its case had been thrown out on 17 July. DOJ has sued 30 states and Washington DC, 31 cases in all: seventeen dismissed on the merits, one settled in Oklahoma, thirteen still live.

The State Democracy Research Initiative at the University of Wisconsin Law School, which maintains the public tracker of the litigation, updated it on 24 July with a flat sentence: "To date, no court at either the district court or appellate court level has ruled in favor of the Justice Department."⁠1 What the department asks each state for is the unredacted roll, the version carrying fields officials strip out before releasing voter lists to the public.

Those rulings share a defect rather than a doctrine. A Massachusetts court threw out the first of them in April on the narrow ground that DOJ never identified the statute authorising its demand, and defendant states have copied the argument since, in front of judges appointed by presidents of both parties. None of the seventeen holds that the data may not be obtained. They hold that the department has not said why it may.

The programme has not stopped. DOJ took all eight of its early losses upward at once in June, and the one appeal decided so far went against it when a 6th Circuit panel affirmed the Michigan dismissal. The department reached for the courts only after the executive route closed. Judge Denise Casper permanently blocked Donald Trump's elections executive order, ruling that the president has no authority over how states run their elections. An executive order needs no statute behind it. A federal complaint does.

Deep Analysis

In plain English

The Department of Justice (DOJ) is the US government's main law-enforcement agency. It has asked more than 30 states to hand over their full voter rolls, including details states normally keep private. Courts have said no seventeen times in a row, not because judges decided the government has no right to the data, but because DOJ never told them which law gives it that right. Until it does, states keep saying no, and no judge has to decide the bigger question.

Deep Analysis
Root Causes

DOJ's litigation programme depends on two federal statutes written for different purposes. The National Voter Registration Act's Section 8(i) creates a public-inspection right, but it runs to any person, not a special power for the department to demand unredacted files.

The Help America Vote Act sets minimum standards for statewide voter databases, but assigns enforcement to the states themselves, not to Washington. Neither obviously grants a federal production power over the sensitive fields states withhold from public release.

The Massachusetts court's dismissal on 9 April supplied the template every subsequent state has copied: rule against the pleading, not the underlying demand. Seventeen courts adopting the same narrow ground, rather than seventeen independent rulings on the merits, is why the department can still refile if it ever names a statute that fits.

What could happen next?
  • Precedent

    Thirteen still-active defendant states can now cite seventeen concurring district-court rulings in their own motions to dismiss, raising DOJ's cost in every remaining case.

  • Risk

    A cleanly repleaded complaint naming NVRA Section 8(i) would test a question no court has yet decided: whether the underlying demand for unredacted voter files is lawful at all.

First Reported In

Update #14 · 0-for-17 in court, and the map that held

State Democracy Research Initiative, University of Wisconsin Law School· 26 Jul 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
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MAGA Inc
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Senate Majority PAC (SMP)
Senate Majority PAC (SMP)
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Senate Leadership Fund (SLF)
Senate Leadership Fund (SLF)
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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.