Nebraska’s Republican secretary of state said the state will comply with a Justice Department request for voter data after the state’s highest court rejected efforts to halt the transfer. Secretary of State Bob Evnen said Nebraska’s Supreme Court denied an injunction on Wednesday, clearing the way for the handover on Thursday. The planned disclosure includes sensitive details about every registered voter, a step Commonwealth Cause had sought to block in court.
Evnen told The Associated Press that his office will upload the information electronically to the U.S. Department of Justice. He said the office will also 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.
Common Cause sued to stop the release, arguing it would expose highly sensitive personal data. In a brief seeking the injunction, the group wrote that “This case threatens the unprecedented and unlawful release of highly sensitive information of every Nebraska voter,” and that “Once the data is released, that bell cannot be unrung.”
Evnen said the Justice Department is seeking the data as part of an effort to assess whether states are complying with federal voting laws. He said the Nebraska Attorney General’s office had advised that the federal request “was lawful and proper.” He also said the state would not remove people from voter rolls solely based on Justice Department recommendations, and that election officials would conduct their own investigation and contact anyone flagged for removal.
The Nebraska legal fight arrives amid a broader dispute over federal requests for election records and voter-roll information. The Associated Press reported that the federal Justice Department began last year pushing states to provide voter data and other election information, suing at least 23 states and the District of Columbia in an effort to obtain voter rolls.
The broader context includes a federal FBI raid that saw it seize 2020 ballots and other election documents from Fulton County, Georgia, and President Donald Trump’s declaration that he wants to “take over” elections from Democratic-run areas with November midterms approaching. Federal officials have said the data requests are meant to support election security, while Democratic officials have argued the demands violate privacy laws and raise concerns that the information could be used for other purposes, including identifying potential noncitizens on voter rolls.
Evnen, when asked whether he was positive the data would be kept secure and would not lead to legitimate voters being kicked off, responded, “The only thing I’m positive of is that the sun won’t catch in a tree when it sets tonight.” The Associated Press noted that elections in the United States are administered at the state and local level, where individual voter information is kept.
Earlier this week, a federal judge rejected the department’s effort to obtain Michigan’s voter rolls.