Federal judge rejects DOJ bid to force Colorado to hand over voter information
A U.S. District Court Judge has dismissed a lawsuit filed by the Department of Justice against Colorado Secretary of State Jena Griswold for refusing to provide the agency with personal voter information.
Last December, the DOJ’s Civil Rights Division asked Griswold’s office to provide unredacted voter data, including full names, dates of birth, residential addresses and driver’s license numbers. Federal authorities have sought voter data from nearly every state, saying it’s part of a project to ensure election security.
In late July, New Jersey Gov. Mikie Sherrill disclosed that a “software error” at the state’s Motor Vehicles Commission had led to about 6,600 noncitizens being added to the state’s voter registration. According to Sherrill, about 400 of them voted in the most recent election. Colorado has a similar “motor voter” law to New Jersey, which automatically registers eligible individuals to vote when they interact with the Division of Motor Vehicles.
Griswold and other Secretaries of State refused, instead sending unredacted and publicly available files, citing privacy and security concerns. About a week later, the DOJ filed a lawsuit alleging that Griswold violated the federal Civil Rights Act by failing to provide the requested information.
“We will not hand over Coloradans’ sensitive voting information to Donald Trump,” Griswold said in a statement following news of the lawsuit against her. “He does not have a legal right to the information. I will continue to protect our elections and democracy, and look forward to winning this case.”
On Monday, U.S. District Court Judge Philip Brimmer dismissed the lawsuit, arguing that because Colorado’s registration list is not a record or paper that must be produced under Sections 20701 and 20703 of Title 52 of the Civil Rights Act, the DOJ cannot file a claim alleging violation of the act.
Intervenor Colorado Common Cause argued that the DOJ’s request exceeds its statutory authority granted under the Civil Rights Act and that any records disclosed under the act should be redacted.
Another intervenor, Colorado Alliance for Retired Americans, argued that the DOJ did not assert a proper basis and purpose for its demand and failed to comply with the Privacy Act of 1974.
“Trump and his DOJ are attacking elections and democracy,” said Griswold. “We will not let them win. Today’s victory affirms that Trump’s DOJ has no right to Coloradans’ sensitive voter information,” said Griswold. “I will always defend our elections from unlawful federal interference.”
The lawsuit against Griswold is one of 31 suits filed against states that have refused to share voter data and other election information. To date, 20 of those suits have also been dismissed.

