The U.S. Department of Justice (DOJ) has escalated its legal battle to access Arizona’s statewide voter registration list by appealing a lower court decision to the U.S. Court of Appeals for the Ninth Circuit. This appeal arises after U.S. District Judge Susan Brnovich dismissed the DOJ’s initial case against Arizona Secretary of State Adrian Fontes. Judge Brnovich’s ruling, handed down in April, emphasized the lack of DOJ’s entitlement to Arizona’s sensitive voter information, dismissing the case with prejudice. A decision of this nature prevents the DOJ from refiling the suit, reflecting the court’s firm stance on privacy concerns and state autonomy in voter registration matters.
The DOJ originally pursued this action when Secretary of State Adrian Fontes declined to provide the voter registration list, citing privacy protections under state and federal law. Judge Brnovich relied on precedents, drawing parallels with a similar case in Michigan where the court interpreted § 20701 of the National Voter Registration Act (NVRA). The Act mandates election officers to preserve records related to voting; however, Brnovich agreed that the Arizona voter list didn’t fall under this category as it involves dynamically maintained data, not static records, thereby exempting it from federal disclosure requirements. More analysis can be found in this report.
The pursuit of these records aligns with broader DOJ efforts to obtain voter registration data from multiple states including Utah and New Jersey, igniting criticism that such moves could contribute to the establishment of a national voter database and potentially target undocumented immigrants. Arizona officials, including Attorney General Kris Mayes, have vowed robust defense against the appeal, denouncing it as legally ungrounded and emphasizing the need to protect voter privacy.
Judge Brnovich, appointed by President Donald Trump in 2018, joins other judges across the nation in similar rulings, denying federal access to states’ voter information. As these legal battles unfold, they continue to stir debate over the balance between federal oversight and state rights in managing voter data, an issue closely watched by legal experts and civil rights advocates alike.