Colorado Politics

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 U.S. 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 campaign to ensure election security.

State officials, notably from states dominated by Democrats, have insisted that residents illegally staying in the country are not voting in elections and that the voting process is secure.

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. Sherrill said 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 to provide the information sought by the Trump administration, 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.

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.

Colorado Common Cause, an intervenor, argued that the DOJ’s request exceeds its statutory authority granted under the Civil Rights Act and that any records disclosed under the law 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.

“ (President Donald) Trump and his DOJ are attacking elections and democracy,” Griswold said in a statement. “Today’s victory affirms that Trump’s DOJ has no right to Coloradans’ sensitive voter information.” 

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.


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