Nebraska to hand over sensitive voter data to the Justice Department after court loss

OMAHA, Neb. (AP) — Nebraska’s Republican secretary of state will turn over sensitive information on every registered voter in the state to the U.S. Justice Department on Thursday after Nebraska’s highest court rejected a legal effort to block the move.

Secretary of State Bob Evnen told The Associated Press that the Nebraska Supreme Court denied the injunction Wednesday.

Last week, a state judge dismissed the lawsuit filed by government watchdog Common Cause, which sought to stop the release of voter information, including dates of birth, addresses and partial Social Security numbers, to the federal government.

“This case threatens the unprecedented and unlawful release of highly sensitive information of every Nebraska voter,” lawyers for Common Cause wrote in a brief seeking the injunction. “Once the data is released, that bell cannot be unrung.”

The legal fight in Nebraska comes in the wake of an FBI raid that saw it seize 2020 ballots and other election documents from Georgia’s Fulton County and President Donald Trump declaring he wants to “take over” elections from Democratic-run areas with the November midterms on the horizon.

The federal Justice Department began last year pushing states to turn over their voter data and other election information. The department has sued at least 23 states and the District of Columbia in its effort to obtain voter rolls.

Evnen said Wednesday that he’s giving voter information to the Justice Department so it can assess whether Nebraska is complying with federal voting laws. He noted that the Nebraska Attorney General’s office had advised that the federal request “was lawful and proper.”

His office will upload the information electronically to the Justice Department, he said, and will include a request that privacy laws be observed.

In a written statement released by his office, Evnen said he is dedicated to protecting voters’ personally identifiable information from misuse.

But when asked if he was positive that Nebraska voter information would be kept secure and not lead to legitimate voters being kicked off voter roles, Evnen responded, “The only thing I’m positive of is that the sun won’t catch in a tree when it sets tonight.”

Evnen said the state would not remove people from voter rolls based solely on Department of Justice recommendations. Instead, election officials would conduct their own investigation and would first contact anyone tagged for removal from the rolls.

Earlier this week, a federal judge rejected the department’s effort to obtain Michigan’s voter rolls.

The Justice Department has said it’s seeking the data as part of an effort to ensure election security, but Democratic officials say the demand violates state and federal privacy laws. Election officials have raised concerns that federal officials are trying to use the sensitive data for other purposes, such as searching for potential noncitizens on the rolls.

Elections in the United States are administered at the state and local level, where individual voter information is kept.