EPIC Urges Sixth Circuit to Protect Voter Privacy and Refuse to Enforce DOJ’s Voter Roll Demand

EPIC filed an amicus brief yesterday in United States v. Benson urging the Sixth Circuit to rebuff the Department of Justice’s unlawful demand for Michigan’s voter rolls. EPIC was represented on the brief by pro bono counsel from Wilmer Hale.

Over the last year, DOJ has baselessly demanded that states turn over their unredacted voter rolls as part of the administration’s wider efforts to suppress voting. The agency sued Michigan when the state refused DOJ’s demand and declined to violate the trust and rights of its citizens. Like several courts before it, the district court dismissed DOJ’s case, and DOJ appealed to the Sixth Circuit.

In the brief, EPIC argues that DOJ’s demand violates several federal privacy and data security laws. As EPIC has noted before, DOJ has failed to comply with even basic data security standards. In addition, DOJ’s demand for state voter rolls is an illegal demand for records on how Americans exercise their First Amendment rights. DOJ has also failed to comply with key transparency and oversight requirements despite already collecting voter roll data from several states. As the brief explains, DOJ’s actions violate the Privacy Act, the Federal Information Security Modernization Act, and the E-Government Act.

As DOJ continues its attack on states and voters, EPIC will keep fighting for our fundamental rights. Expect more soon.

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