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US Midterms 2026
27OCT

DOJ voter-data dragnet narrows to one statute

3 min read
13:20UTC

Federal courts dismissed the Department of Justice's voter-data lawsuits in both Maine and Wisconsin; across its remaining active cases the DOJ dropped its National Voter Registration Act and Help America Vote Act claims and now pursues only the 66-year-old Civil Rights Act of 1960.

PoliticsDeveloping
Key takeaway

Multiple district court defeats and dropped NVRA and HAVA claims leave the dragnet on one untested statute.

Federal courts dismissed two more Department of Justice (DOJ) voter-data lawsuits in the same week⁠1. Chief US District Judge Lance E. Walker in Maine found the complaint legally underdeveloped, ruling that states are "primary regulators and administrators of elections for federal office"; Walker applied the same portable state-sovereignty reasoning the Massachusetts court used when it dismissed the DOJ suit in April. In Wisconsin, the Court dismissed the case with prejudice on Thursday, foreclosing any refiling. Wisconsin's case had already been narrowed to the Civil Rights Act of 1960 theory alone before the Court dismissed even that.

Across its remaining 47-state active caseload, the DOJ has now dropped its National Voter Registration Act (NVRA) and Help America Vote Act (HAVA) claims entirely⁠2. The NVRA, passed in 1993, established the federal voter registration framework; HAVA, passed in 2002, modernised election administration after the 2000 Florida recount. States use the NVRA and HAVA frameworks to register voters, administer polling, and maintain voter lists. Dropping both leaves the department relying solely on the Civil Rights Act of 1960, a provision designed to address systematic disenfranchisement of Black voters in the South before computerised voter files existed, and which no court has applied to compel a state to hand over a digitalised voter database to a federal agency.

The 9th Circuit Oregon appeal, argued on 19 May, remains the first appellate test of whether the pattern of district court dismissals holds at circuit level; no ruling has been issued as of 29 May. An adverse circuit ruling would set precedent for roughly 23 active cases in that circuit alone. Two of the administration's three original legal hooks are now gone from the active cases.

Deep Analysis

In plain English

Starting in early 2026, the Department of Justice sent letters to 48 states asking for complete voter registration records: names, addresses, birth dates, citizenship status, and voting history. Many states refused, saying the federal government had no legal right to demand this data. The DOJ then sued those states. Multiple federal courts have since dismissed these cases, ruling that states, not the federal government, are the primary managers of their own elections. In Maine, the judge called the DOJ's legal arguments 'underdeveloped'. In Wisconsin, the case was dismissed 'with prejudice', meaning the DOJ cannot refile even with a revised complaint. The DOJ originally relied on three laws for its legal authority: the National Voter Registration Act, the Help America Vote Act, and the Civil Rights Act of 1960. After losing multiple cases, it has dropped the first two and is now only arguing under the 1960 act, which was originally designed to fight racial disenfranchisement in the South during the civil rights era.

First Reported In

Update #7 · Paxton wins; maps lock

All About Lawyer· 29 May 2026
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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
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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.