Supreme Court Dismisses Case Seeking to Stop DOJ Access to Nebraska Voter Data
by John Gage
(Picture courtesy of the Nebraska Secretary of State)
The Nebraska Supreme Court dismissed a lawsuit against Secretary of State Bob Evnen regarding Evnen’s decision to hand over voter data to the U.S. Department of Justice (DOJ). The lawsuit was brought last year by the nonprofit group Common Cause and Dawn Essink, a Nebraska voter and activist.
Common Cause argued that the data Evnen handed over was “sensitive” and that “unelected bureaucrats in Washington” should not have access to the information. On Friday, the Supreme Court ruled the issue “moot.”
“Because Nebraska’s voter registration list has already been released to the DOJ, this matter is moot, and we decline to apply the public interest exception to the mootness doctrine. As such, the appeal and cross-appeal are dismissed,” the court said in its ruling.
Following news of the court’s decision, Common Cause issued a statement, saying they’d continue their fight on the issue.
“Common Cause fought to keep your voter data safe, and now that fight will move to the legislature,” Gavin Geis, Common Cause’s Nebraska executive director, said. “Voters need to feel safe, knowing that registering to vote will not subject them to data risks or intimidation. We will push to make sure voters have that certainty.”
Over the past year, the DOJ has asked state officials across the country to hand over voter rolls, including names, dates of birth, home addresses, driver’s licenses, and Social Security numbers. The DOJ said the effort is necessary to “ensure that states have proper and effective voter registration and voter list maintenance programs.”
The federal government has invoked the National Voter Registration Act, the Help America Vote Act, and the Civil Rights Act of 1960 as legal grounds for requiring the lists. Earlier this week, a federal judge dismissed a DOJ lawsuit attempting to access Maryland’s voter records.
The DOJ has lost eight other cases on the issue where officials have refused to hand over records. Nebraska is one of a dozen states that have voluntarily agreed to fully comply with the DOJ’s request and hand over voter data, while a handful of other states have given over lists without sensitive data.
The Plains Sentinel has reached out to the Secretary of State for comment on the story.
— John Gage is the Executive Editor of The Plains Sentinel.