The U.S. Department of Justice has escalated its campaign for state voter records by sending letters to election officials in 30 states, warning of potential civil and criminal sanctions under a litigation hold. Despite losing 23 consecutive lawsuits in federal courts, which have ruled that the Civil Rights Act does not authorize the federal government to seize unredacted voter files, the DOJ continues its push. State officials like Utah's Deidre Henderson and Nevada's Cisco Aguilar have condemned the letters as intimidation tactics.
DOJ voter records lawsuits
- ▪The U.S. Department of Justice announced on September 9, 2026, that it is appealing a West Virginia federal court ruling after losing its voter records lawsuit against West Virginia Secretary of State Kris Warner.
- ▪The U.S. Department of Justice has sued 30 different states to force them to hand over unredacted voter lists containing personal information like driver's license numbers and partial Social Security numbers.
- ▪The U.S. Department of Justice claims it is enforcing election rules under the Civil Rights Act of 1960, which requires state election officials to preserve voting records for 22 months after an election.
Federal court losses
- ▪Federal judges have repeatedly ruled that the Civil Rights Act of 1960 does not authorize the U.S. Department of Justice to receive states' unredacted voter files in this manner.
- ▪In a July 2026 order dismissing the West Virginia case, U.S. District Judge Thomas Johnson questioned the real purpose of the U.S. Department of Justice filing civil actions across the nation.
- ▪The U.S. Department of Justice has lost 23 of its 30 lawsuits against states for voter records, winning none, with decisions pending in the remaining seven cases.
Threatening letters to state officials
- ▪The U.S. Department of Justice sent letters to at least 30 top election officials warning that they are under investigation and must preserve all 2024 election files under a litigation hold.
- ▪The U.S. Department of Justice letters warned state officials that failure to preserve relevant data may constitute spoliation of evidence, potentially subjecting them to civil and criminal sanctions.
- ▪U.S. Department of Justice Civil Rights Division chief Harmeet Dhillon stated that the letters were standard litigation practice to ensure states do not destroy election records during ongoing lawsuits.
State election official responses
- ▪Utah Lieutenant Governor Deidre Henderson stated she was unaware Utah was under investigation until receiving the U.S. Department of Justice letter and criticized the agency for harassing election officials.
- ▪Nevada Secretary of State Cisco Aguilar characterized the U.S. Department of Justice letter as a direct threat and an attempt to intimidate election officials, stating he would not fold.
Trump voter fraud claims
- ▪The U.S. Department of Justice letters point to claims previously made by the Trump administration to identify election fraud, including machine anomalies and noncitizen voting.
- ▪President Donald Trump has repeatedly claimed that millions of noncitizens are illegally registered to vote or have cast ballots, though multiple studies show the practice is exceedingly rare.
Debatable claims
- ▪The DOJ's warning letters to state election officials constitute political intimidation
- ▪The Department of Justice should have access to states' unredacted voter lists
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