The U.S. Department of Justice announced lawsuits against New Hampshire and five other states, the latest step in an ongoing fight over access to confidential voting records.
While certain information about voters, including their names, addresses and party affiliation are already publicly available in New Hampshire, the Trump administration is seeking additional data about voters including partial social security numbers and state driver’s license numbers.
For months, New Hampshire Secretary of State David Scanlan has declined to turn over that additional information, pointing to state laws that prohibit releasing confidential information that is maintained in a statewide voter database.
On Thursday, the Justice Department sued Scanlan, as well as election officials in five other states: California, Michigan, Minnesota, New York, and Pennsylvania. Earlier this month, similar lawsuits were filed against election officials in Maine and Oregon.
The federal government contends it needs the data to ensure elections are free from voter fraud.
“Clean voter rolls are the foundation of free and fair elections,” said Attorney General Pamela Bondi. “Every state has a responsibility to ensure that voter registration records are accurate, accessible, and secure — states that don’t fulfill that obligation will see this Department of Justice in court.”
The demand for the information comes as President Trump has continued to make unverified claims about election integrity and the results of the 2020 election, though it isn’t clear how the Justice Department would use the information it seeks.
In the 17-page complaint filed in federal court, the government alleges that New Hampshire’s refusal to turn over non-public voter information will “hinder the United States from fully evaluating New Hampshire’s compliance” with federal voting laws.
The federal government claims it is concerned about New Hampshire’s efforts to spot duplicate voters in its rolls, as well as how the state ensures felons who have lost their right to vote don’t participate in elections. The government points to the 1960 Civil Rights Act, as well as the Help America Votes Act from 2002, which it contends mandates that states turn over voter data so it can confirm compliance.
Historically, elections have been managed by state and local governments. In a March executive order, the president sought to expand the federal government’s control of elections, including dictating how states enforce protections against non-citizen voting, and seeking changes to absentee voting procedures. That order was challenged in court, however, and remains sidelined.
As part of its efforts to obtain information, the Justice Department sent letters this summer to states including New Hampshire demanding access to certain voter records. Scanlan denied the request, as well as a subsequent demand received in August.
“New Hampshire law prohibits the sharing of this information with the U.S. Department of Justice in the manner you request,” he said.
Under New Hampshire law, some voter information — including the names, addresses and party affiliation for active voters — is already public and accessible at local town and city clerks' offices. In addition, the state makes voter lists available for purchase to political committees, though those records do not include voters’ dates of birth, any portion of their Social Security numbers, or driver’s license numbers. Scanlan offered to share this stripped down information with the federal government.
New Hampshire law prohibits disclosing information contained in its statewide voter database except for the preparation of jury duty lists.
The Secretary of State’s office hasn’t yet responded to the legal filing, and didn’t immediately respond to a request for comment.
