In a significant development, Nebraska's Republican Secretary of State, Bob Evnen, has confirmed that he will proceed with turning over sensitive information on every registered voter in the state to the U.S. Justice Department on Thursday. This decision comes after the Nebraska Supreme Court rejected an injunction on Wednesday, which sought to block the release of this data.
Legal Battle Over Voter Privacy
The legal challenge was initiated by the government watchdog group Common Cause, which filed a lawsuit to prevent the disclosure of voter details, including dates of birth, addresses, and partial Social Security numbers. Last week, a state judge dismissed this lawsuit, paving the way for the data transfer. In their brief, lawyers for Common Cause argued that the release poses an unprecedented threat to voter privacy, stating, "Once the data is released, that bell cannot be unrung."
Context of National Election Security Efforts
This move in Nebraska is part of a broader national trend, where the Justice Department has been actively pushing states to provide voter data and other election-related information since last year. The department has filed lawsuits against at least 23 states and the District of Columbia in an effort to obtain voter rolls. This initiative follows events such as an FBI raid in Georgia's Fulton County, where 2020 ballots and election documents were seized, and statements from former President Donald Trump about election oversight ahead of the November midterms.
Secretary Evnen explained that the purpose of providing the voter information is to allow the Justice Department to assess Nebraska's compliance with federal voting laws. He noted that the Nebraska Attorney General's office had advised that the federal request was "lawful and proper." The data will be uploaded electronically, with a request to observe privacy laws, according to Evnen.
Concerns and Reassurances
In a written statement, Evnen emphasized his commitment to protecting voters' personally identifiable information from misuse. However, when questioned about the security of the data and the potential for legitimate voters to be removed from the rolls, he responded cautiously, saying, "The only thing I'm positive of is that the sun won't catch in a tree when it sets tonight." He assured that Nebraska would not remove individuals from voter rolls based solely on Justice Department recommendations; instead, state election officials would conduct their own investigations and contact anyone flagged for removal first.
This development contrasts with recent actions in other states, such as Michigan, where a federal judge rejected the Justice Department's effort to obtain voter rolls earlier this week. Democratic officials and election authorities have raised concerns that the federal demand may violate state and federal privacy laws, with fears that the sensitive data could be used for purposes like identifying noncitizens on voter rolls.
Elections in the United States are primarily administered at the state and local levels, where individual voter information is typically maintained. The ongoing legal and political debates highlight the tension between election security measures and the protection of voter privacy rights.
