DOJ threatens charges against state officials in voter records fight

The Justice Department has sent “litigation hold” letters to the states it is suing over access to voter-registration records, ordering them to preserve records connected to the 2024 election and warning that destroying relevant material could lead to sanctions.

The broader dispute centers on DOJ demands for full, unredacted statewide voter rolls. DOJ argues that the Civil Rights Act of 1960, the National Voter Registration Act and the Help America Vote Act give it authority to obtain and examine those records. The department has filed cases against 30 states and the District of Columbia.

States challenging the demands argue that the federal government does not have the authority to compel production of the voter databases in the manner DOJ is seeking. According to reporting on the litigation, federal courts so far have not ruled in DOJ’s favor on that question.

The new preservation letters escalate the dispute by telling election officials they must retain potentially relevant paper and electronic records while the lawsuits continue. The letters also characterize the states as being under investigation for alleged noncompliance with federal election laws.

Utah Lt. Gov. Deidre Henderson, one of the officials being sued, said she had not previously been told that she was personally under investigation. She criticized the combination of lawsuits, investigations and threats of possible criminal consequences, arguing that it interferes with election officials’ ability to administer elections.

Bottom line: This does not mean DOJ has won access to the voter files. It means DOJ is using the pending lawsuits to require states to preserve election-related evidence while continuing to argue in court that federal law entitles it to the voter-roll information.