The American Democracy Minute Radio News Report & Podcast for Feb. 3, 2026
A section in President Trump’s March 2025 executive order on elections authorized what became a battle between states and the Department of Justice over access to voter data and election records. A January 30th court ruling put a shot across the Trump administration’s bow on strictly observing federal privacy statutes on that data.
January 30th, a DC federal judge blocked more of President Trump’s order because the states and Congress are constitutionally responsible for administering elections, not the president. But Trump’s order also issued a directive for DOGE to access state and federal records to find noncitizens voters. DOJ sent letters to states requesting voter and personal data, then when states refused to comply, citing state and federal privacy statutes, DOJ sued. Twenty-two states also sued to block Trump’s order for the same reasons.
While the January 30th opinion didn’t block the administration from accessing the state and federal data, it stated, QUOTE: “The Court shall also DECLARE that, in the course of implementing provisions of the Executive Order that call for federal agencies to access and share sensitive personal data, the Federal Defendants must strictly comply with the requirements of the Privacy Act, 5 U.S.C. § 552a.” UNQUOTE.
That statute requires proper 30-day notice, a public comment period, and importantly, the right of citizens to bring a civil court action if they’ve been harmed. Will the administration follow the law? We’ll be watching.
We’ve linked to the 1974 Privacy Act and the opinion at AmericanDemocracyMinute.org. I’m Brian Beihl.
Today’s Links
Articles & Resources:
The White House – PRESERVING AND PROTECTING THE INTEGRITY OF AMERICAN ELECTIONS
U.S. Dept. of Justice Office of Privacy & Civil Liberties – The Privacy Act of 1974
American Democracy Minute – (Oct. 2025) 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 – DOJ Civil Filing Suggests a DOGE Employee May Have Created External Social Security Data Files and Had Contact with Election Denier Group
American Oversight – The Trump Administration’s Citizenship Data System
Groups Taking Action:
League of Women Voters, C.R.E.W., Electronic Privacy Information Center, Democracy Forward, 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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