Skip to content
Welcome, thoughtbot's Giant Robots listeners!Start here
US Midterms 2026
14JUN

Judge voids DOJ's SAVE voter-roll policy

2 min read
11:52UTC

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
Missouri voters
Missouri voters
Missouri voters rejected Proposition A by 61.83% to 38.17% at 95% reporting, repealing the 2025 map that split Kansas City. Trump carried the state, yet its 2022 lines now stay for future elections too.
Senate Leadership Fund (SLF)
Senate Leadership Fund (SLF)
SLF reported about $43.9m of independent expenditures from 27 October to 1 November, almost all against Democrats, including $12.37m against Sherrod Brown. Seven of its ten targets won; Dan Osborn lost in Nebraska and two are uncalled.
Richard Hudson, chair of the National Republican Congressional Committee
Richard Hudson, chair of the National Republican Congressional Committee
Hudson, who runs House Republicans' campaign arm, conceded North Carolina's 9th District to Richard Ojeda before any AP call. Democrats lead 10 of the state's 14 House districts on the unofficial feed.
Department of Justice (DOJ)
Department of Justice (DOJ)
DOJ lost before Judge David O. Carter on 28 October and a 9th Circuit panel on 30 October on its demand to set aside 20,000 California ballots, and says it will appeal the Alaska dismissal. No court has set a ballot aside.
Senator Dan S. Sullivan
Senator Dan S. Sullivan
Sullivan, who trails Mary Peltola 48.2% to 47.9% on first choices, told CNN he would accept the result. DOJ's suit to stop Alaska certifying anyone but him was dismissed on 1 November.
Scott Colom's campaign
Scott Colom's campaign
Colom's campaign estimates that about 15,000 affidavit ballots remain to be counted in a race he leads by roughly 65 to 100 votes. Those ballots count only if voters confirm their ID or eligibility by 5pm on 10 November.

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