The American Democracy Minute Radio News Report & Podcast for Dec. 23, 2025
The Trump Department of Justice has tried for months to compel states to turn over voter registration data. A new university research center analysis suggests existing federal law doesn’t explicitly permit it.
A University of Wisconsin State Democracy Research Initiative paper outlines federal laws the DOJ is using to justify the action in the face of challenges from states, pro-voter groups and voters. None of the laws in question, the Privacy Act of 1974, the National Voter Registration Act, the Help America Vote Act and the Civil Rights Act, explicitly authorize state voter registration data to be turned over for the purpose of identifying noncitizens and noncitizen voters.
Author Derek Clinger writes that DOJ points to the Civil Rights Act’s provisions that state records be available for examination, but notes the purpose of that law was to prevent voter suppression. The NVRA requires state voter data be available for public inspection, but doesn’t detail how it can be used or whether sensitive data like driver’s license or Social Security numbers can be shared. HAVA does not have a disclosure requirement, and the Privacy Act of 1974 prohibits personal data from being shared between agencies without legal justification.
Clinger writes that most states have robust privacy protections for voter and personal data. He expects the multiple challenges to extend beyond the 2026 midterms.
We’ve linked the full explainer at AmericanDemocracyMinute.org. I’m Brian Beihl.
Today’s Links
Articles & Resources:
American Democracy Minute – (October) Class Action Suit by Voters Claims Personal Data Shared to the Trump Administration’s SAVE Database Violates the Privacy Act of 1974
American Democracy Minute – U.S. DOJ Sues MA, CO, HI and NV to Turn Over Voter Registration Files, but Even Red States are Pushing Back
University of Wisconsin Law School – State Democracy Research Initiative – Explainer: Can the Federal Government Force States to Hand Over Citizens’ Voter Information?
Brennan Center for Justice – Tracker of Justice Department Requests for Voter Information
Groups Taking Action:
League of Women Voters,C.R.E.W., Electronic Privacy Information Center, Fair Elections Center
Register or Check Your Voter Registration:
U.S. Election Assistance Commission – How to Register And Vote in Your State
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