Judge vacates DOJ's voter-roll collection and sharing policy in Common Cause suit
DOJ's Office of Legal Counsel says federal law lets DOJ collect statewide voter lists and share them with DHS. Common Cause and four voters challenged the policy, and on October 9 a federal judge vacated it. DOJ said it was reviewing the ruling.
Case period:
Published by The Dispute Index editorial teamPublished Updated
Overview
The court held that the Civil Rights Act of 1960, the National Voter Registration Act and the Help America Vote Act do not authorize the policy. It did not reach the plaintiffs' constitutional claims or decide whether an injunction was also needed.
The judge wrote that the ruling does not stop the federal government from taking lawful steps to help states keep accurate rolls, and that DOJ may still investigate specific violations within its statutory authority. The OLC opinion is dated May 12, 2026 and predates the ruling. The ruling can be appealed to the D.C. Circuit. A separate June ruling by the same judge on DHS's SAVE database was paused by the Supreme Court in September.
Timeline
2 timeline entries on this page. Dates: May 12, 2026 to October 9, 2026
May 2026
OLC issues voter-data opinion
Source release
DOJ's Office of Legal Counsel issued an opinion concluding that the Civil Rights Division may obtain statewide voter lists from states and share them with DHS.
[01]United States Department of Justice
Lanora C. Pettit's opinion records DOJ's legal position before the October 9 judgment.
Authority to Obtain and Share Statewide Voter Roll Data · United States Department of JusticeParts III-V, pp. 24-41
October 2026
Court vacates voter-list policy
Judge Sparkle L. Sooknanan granted partial summary judgment to Common Cause and the voters and vacated DOJ's Voter List Maintenance Policy. A DOJ spokesperson said the department was reviewing the decision.
[02]United States District Court for the District of Columbia
Judge Sparkle L. Sooknanan sets aside the Voter List Maintenance Policy on statutory and procedural grounds.
Common Cause v. U.S. Department of Justice, No. 1:26-cv-01352 (D.D.C.): memorandum opinion · United States District Court for the District of ColumbiaNo. 1:26-cv-01352-SLS, ECF No. 51, pp. 1-3 and 76-78[03]CBS News
CBS News report on the October 9 ruling. It reports that a Justice Department spokesperson said the department was reviewing the decision, and that the Supreme Court paused the same judge's separate June ruling on the SAVE database.
Judge strikes down DOJ's policy of reviewing state voter rolls, saying it would "run roughshod over longstanding laws" · CBS NewsJustice Department response and SAVE ruling background
Claims
Claims separate what was said from what is contested. Follow each source for the original wording and context.
What's disputed
Disputed claim
United States Department of Justice
Federal law authorizes DOJ to obtain statewide voter registration lists and permits specified sharing with DHS.
What is disputed
DOJ's nationwide voter-list maintenance collection and sharing policy.
Sources (1)
- Authority to Obtain and Share Statewide Voter Roll Data · United States Department of JusticeParts III-V, pp. 24-41
Disputed claim
Common Cause
DOJ's challenged voter-data policy improperly seizes private information and intrudes on election administration.
What is disputed
DOJ's nationwide voter-list maintenance collection and sharing policy.
Sources (1)
- Federal Court Sides With Voters, Ruling DOJ Data Demands Violate Voter Privacy, States' Election Authority · American Civil Liberties UnionMing Cheung and Virginia Kase Solomón statements
Response record
Responses
Choose one response filter, or select All responses to see the full record.
2 responses. Newest first.
Common CauseInstitutional statement through President and CEO Virginia Kase SolomónDirectly involvedBefore this statement
Common Cause was a plaintiff in the case. Its president and CEO, Virginia Kase Solomón, first called the ruling a victory for voters and another loss for the Justice Department.
"It’s time the Trump administration stop these desperate attempts to seize voters’ private data and take control of our elections,"
CondemnedResponding to: DOJ's challenged voter-data policy improperly seizes private information and intrudes on election administration.
Full statement and sources
Common Cause's president and CEO, Virginia Kase Solomón, called the ruling a victory for voters and said the Trump administration should stop what she called attempts to seize voters' private data and take control of elections.
After the statement
The statement also says voters should be able to trust that their data and eligibility are protected.
Federal Court Sides With Voters, Ruling DOJ Data Demands Violate Voter Privacy, States' Election Authority · American Civil Liberties UnionMing Cheung and Virginia Kase Solomón statementsWhy this label?
Common Cause directly criticizes the voter-data policy under scrutiny, not merely a descriptive label.
This label describes the statement's response within the context above.
United States Department of JusticeOffice of Legal Counsel opinion signed by Principal Deputy Assistant Attorney General Lanora C. PettitDirectly involvedBefore this statement
The May 12, 2026 opinion puts in writing advice OLC gave the Civil Rights Division informally in early September 2025. It answers whether the division may seek statewide voter lists from states and share them with DHS.
"In sum, we conclude that section 303 of the Civil Rights Act authorizes the Division to seek statewide voter registration lists from states."
Defended or excusedResponding to: Federal law authorizes DOJ to obtain statewide voter registration lists and permits specified sharing with DHS.
Full statement and sources
DOJ's Office of Legal Counsel concludes that federal law lets the Civil Rights Division seek statewide voter lists and share them with DHS.
After the statement
The opinion goes on to say that the Privacy Act and other federal privacy laws do not limit that authority, and that DOJ may share the lists with DHS to identify people who are ineligible to vote. It predates the October 9 ruling and is not a response to it.
Authority to Obtain and Share Statewide Voter Roll Data · United States Department of JusticeParts III-V, pp. 24-41Why this label?
The opinion supplies DOJ's legal defense of the voter-list collection and sharing policy that the court later vacated.
This label describes the statement's response within the context above.
Sources
(4)
Original text
Common Cause v. U.S. Department of Justice, No. 1:26-cv-01352 (D.D.C.): memorandum opinion
Relevant passage: No. 1:26-cv-01352-SLS, ECF No. 51, pp. 1-3 and 76-78
About this source
Judge Sparkle L. Sooknanan sets aside the Voter List Maintenance Policy on statutory and procedural grounds.
- Author
- Judge Sparkle L. Sooknanan
- Published
- Accessed
Reporting
Judge strikes down DOJ's policy of reviewing state voter rolls, saying it would "run roughshod over longstanding laws"
Relevant passage: Justice Department response and SAVE ruling background
About this source
CBS News report on the October 9 ruling. It reports that a Justice Department spokesperson said the department was reviewing the decision, and that the Supreme Court paused the same judge's separate June ruling on the SAVE database.
- Author
- Jacob Rosen
- Published
- Accessed
Official statement
Federal Court Sides With Voters, Ruling DOJ Data Demands Violate Voter Privacy, States' Election Authority
Relevant passage: Ming Cheung and Virginia Kase Solomón statements
About this source
Plaintiffs and counsel criticize DOJ's policy and welcome vacatur; their evaluation is distinct from the court's reasoning.
- Published
- Accessed
Original text
Authority to Obtain and Share Statewide Voter Roll Data
Relevant passage: Parts III-V, pp. 24-41
About this source
Lanora C. Pettit's opinion records DOJ's legal position before the October 9 judgment.
- Author
- Lanora C. Pettit
- Published
- Accessed
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- Publisher
- The Dispute Index
- Title
- Judge vacates DOJ's voter-roll collection and sharing policy in Common Cause suit
- First published
- Last updated
- Permalink
- https://disputeindex.com/cases/doj-voter-roll-data-collection-dhs-sharing-common-cause
The Dispute Index. "Judge vacates DOJ's voter-roll collection and sharing policy in Common Cause suit". First published: 2026-10-15. Last updated: 2026-10-15. https://disputeindex.com/cases/doj-voter-roll-data-collection-dhs-sharing-common-cause