Federal courts have ruled against the Trump administration 21 times this year in its legal effort to compel states to share voter rolls with the federal government. A U.S. District Court judge issued the most recent ruling this week, stating that current federal law does not require states to provide these records to the Department of Justice.
The legal push follows claims by President Donald Trump that noncitizen voting is widespread and benefits the Democratic Party. However, state audits and independent studies cited by Reuters indicate such instances are rare. A Reuters investigation found that 129 people have been prosecuted for noncitizen voting since 1996, with most cases attributed to voter confusion or communication errors.
In the most recent decision on Thursday, U.S. District Judge Randolph Moss dismissed a Justice Department bid for unredacted voter rolls from Washington, D.C. Moss, an appointee of President Barack Obama, wrote that the department should address its objections to Congress rather than the courts. Assistant Attorney General for Civil Rights Harmeet Dhillon stated Monday that ensuring only eligible citizens vote is a core government function and that states are obligated to maintain accurate rolls.
The scale of the administration's effort involves more than two dozen lawsuits and administrative actions targeting all 50 states. In July, the Department of Homeland Security stated it would withhold disaster relief funds from states that do not use the SAVE system to verify citizenship. This financial pressure could impact state budgets and emergency response capabilities. Additionally, the administration has requested the Supreme Court's permission to enforce an executive order that would compile federal lists of eligible citizens and limit mail-in ballots to only those on the list, a change that would directly alter how millions of people cast their votes.
The legal conflict sets a precedent for the division of power between state and federal governments regarding election administration. While the administration argues for expanded federal oversight, judges have repeatedly cited the U.S. Constitution as giving states primary responsibility for running elections. The Justice Department has already appealed 16 of its 21 losses. The next major step occurs in the 6th U.S. Circuit Court of Appeals, where the department has asked for a full court review following a June 24 panel decision favoring Michigan. Further appeals may reach the U.S. Supreme Court before the November 3 midterm elections.