Federal judge dismisses lawsuit against West Virginia over voter data

A federal judge on Monday dismissed a lawsuit filed by the U.S. Department of Justice against West Virginia over access to unredacted voter registration information. 

The federal government has demanded sensitive voter registration data in nearly every state and Washington D.C. 

The DOJ’s Civil Rights Division filed the lawsuit against West Virginia and four other states in February. The lawsuit against West Virginia named Secretary of State Kris Warner in his official capacity. 

It argued that the U.S. attorney general has authority to request election records under the Civil Rights Act of 1960. The law allows the attorney general “to demand the production, inspection, and analysis of statewide voter registration lists that can be cross-checked effectively for improper registrations,” a news release at the time said. 

According to the Brennan Center, the federal government altogether sued more than 30 states and Washington D.C. for not complying with requests to turn over the voter registration information, including driver’s license numbers and partial social security numbers. Thirteen of the lawsuits have been dismissed. 

“Clearly, (the DOJ’s demand for data)  is devoid of any factual basis,” U.S. District Judge Thomas Johnston wrote a 16-page order filed Monday. “The demand includes no indication that West Virginia is suspected to be noncompliant with the list maintenance requirements of (Help America Vote Act) or the (National Voter Registration Act), nor does it point to any anomalies in West Virginia’s voter registration data.

“Indeed, the letter contains the term ‘purpose’ but does not use the word ‘basis’” or provide any equivalent explanation supporting the necessity of the records request,” he wrote. 

In a statement, Secretary of State Kris Warner called the judge’s decision “an important victory for the rule of law, voter privacy, and the dedicated election officials across West Virginia who work every day to ensure the accuracy of our state’s voter registration system.”

“From the outset, my Office has maintained that West Virginia law prohibits the disclosure of sensitive personal information contained in the statewide voter registration system absent legal authority requiring its release,” Warner said. “Today’s ruling confirms that our position was well-founded and consistent with both our statutory obligations and our responsibility to protect the personal information of West Virginia’s registered voters.”

He added that his office shares the DOJ’s commitment to enforcing federal voter registration list-maintenance requirements and ensuring only eligible voters remain on the rolls. 

“Our disagreement has never been with that goal, but with the means sought in this instance, which would have required the disclosure of sensitive personal information in a manner prohibited by West Virginia law,” Warner said.

The Department of Justice did not immediately respond to a request for comment Tuesday.