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Judge Paula Xinis to rule on Trump administration's bid to create state citizenship voter eligibility lists
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Judge Paula Xinis to rule on Trump administration's bid to create state citizenship voter eligibility lists

Oct 3, 2026

U.S. District Judge Paula Xinis is set to rule on a lawsuit by the Electronic Privacy Information Center challenging the Trump administration's creation of state-by-state voter eligibility lists. The lists, compiled using federal data like passport records, face accusations of violating the Privacy Act of 1974 and usurping state election authority. Meanwhile, the Democratic National Committee has sued over last-minute Pentagon changes to overseas voting forms, reflecting broader partisan battles over voting access ahead of the midterms.

Lawsuit over voter eligibility lists

  • ▪The Department of Justice argued that the proposed portal for accessing Trump's voter eligibility lists would only respond to individual state requests, whereas the Electronic Privacy Information Center claims DHS's June 2026 memo outlines unilateral dissemination by the federal government
  • ▪The Electronic Privacy Information Center argues that the creation of President Donald Trump's state-by-state voter eligibility lists violates the Privacy Act of 1974 by illegally gathering and sharing Americans' personal information across federal agencies
  • ▪U.S. District Judge Paula Xinis is set to rule on a lawsuit by the Electronic Privacy Information Center challenging the Trump administration's creation of state-by-state voter eligibility lists.
  • ▪The Electronic Privacy Information Center argues that Trump's federal voter eligibility lists unconstitutionally usurp the authority of individual states to administer elections and determine voter eligibility

Court proceedings before judge Xinis

  • ▪U.S. District Judge Paula Xinis questioned the Department of Justice on why Trump's state-by-state voter eligibility lists should not be declared unlawful due to the federal government's failure to notify the public about data usage
  • ▪U.S. District Judge Paula Xinis ordered the Department of Justice to immediately notify her if the administration plans to release Trump's state-by-state voter eligibility lists or an online access portal
  • ▪U.S. District Judge Paula Xinis asked the Electronic Privacy Information Center and the Department of Justice to file briefs on how a Supreme Court ruling regarding the SAVE immigration database affects EPIC's lawsuit against Trump's voter eligibility lists

Executive actions on voter eligibility

  • ▪President Donald Trump's March 2026 executive order sought to restrict mail-in voting and directed the Department of Homeland Security and the Social Security Administration to compile voter eligibility lists using federal data, including State Department passport records.
  • ▪President Donald Trump's March 2026 executive order threatened election officials with investigations and possible criminal charges if they issue federal ballots to individuals ineligible to vote.

Legal disputes over SAVE database

  • ▪The Department of Justice argued in a court filing on October 2, 2026, that a Supreme Court ruling authorizing the overhaul of the Systematic Alien Verification for Entitlements database should nullify the group EPIC's lawsuit against Trump's voter eligibility lists
  • ▪In 2025, President Donald Trump directed the Department of Homeland Security to transform the Systematic Alien Verification for Entitlements database into a tool for vetting voter rolls for noncitizens.

Lawsuit over overseas voter registration

  • ▪The Pentagon's two August 2026 emergency modifications eliminated an option on the Federal Post Card Application that allowed U.S. citizens who have never lived in the United States to register and request absentee ballots
  • ▪The Democratic National Committee filed a lawsuit on October 1, 2026, challenging last-minute changes by the Pentagon and the Office of Management and Budget to the Federal Post Card Application used by overseas voters.

Debatable claims

  • ▪The Systematic Alien Verification for Entitlements database is reliable enough to vet state voter rolls
  • ▪The Trump administration's federal voter eligibility lists unconstitutionally usurp state authority
  • ▪The creation of federal voter eligibility lists violates the Privacy Act of 1974

3 sources

The Guardian
DNC sues Trump administration over last-minute changes to overseas voting form
View source article
Fox News
Supreme Court kicks off new term with fresh questions over its legitimacy and its future
View source article
Democracydocket
Judge to rule on Trump’s bid to create voter eligibility lists before midterms
View source article

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Topics

Voter disenfranchisementTrump administration policies