By Staff Reporter |
A federal judge dismissed the Trump administration’s lawsuit against Secretary of State Adrian Fontes over his refusal to turn over voter registration records.
The Arizona District Court ruled in United States v. Fontes on Tuesday that the federal government didn’t have justification under federal law to force Fontes to turn over the records.
The court dismissed the claim with prejudice, calling the federal government’s claim on the law “[an] amendment [that] would be legally futile.”
District Judge Susan Brnovich, widow to former Arizona Attorney General Mark Brnovich, found “unconvincing” the DOJ’s argument that the Civil Rights Act of 1960 (52 U.S.C. § 20702) gave the federal government authority to request state voter records and documents. Brnovich said this interpretation conflicted with the National Voter Registration Act (NVRA) and Help America Vote Act (HAVA).
“[T]he Attorney General’s interpretation places § 20702 in conflict with multiple provisions of the NVRA and HAVA,” said Brnovich.
The Department of Justice (DOJ) filed the lawsuit against Fontes in January. Then-Attorney General Pam Bondi sought Arizona’s entire statewide voter registration list, which would include a registered voter’s full name, date of birth, residential address, and driver’s license number or last four Social Security Number digits.
At the time, Bondi said voter registration database transparency between the states and federal government fulfilled a “basic obligation of transparency.”
Fontes said the court ruling represented a victory for preserving the security of voter privacy.
“Looks like your personal data is safe yet again because the case against me and the Department of Justice’s illegal requests to grab that voter registration have been dismissed,” said Fontes. “I will continue to protect your personal identifying information from these illegal requests no matter what.”
The DOJ requested records from Fontes twice last summer and once last winter. Fontes denied all requests. He has maintained that state and federal privacy laws preempt him from turning over voter records.
Attorney General Kris Mayes supported Fontes’ refusal from the start.
In a statement released on Wednesday, Mayes said the ruling was a rightful dismissal and a vindication of Fontes’ actions.
“That database contains the sensitive personal information of millions of Arizona voters — home addresses, dates of birth, and Social Security and driver’s license numbers. But the Court was clear: Title III of the Civil Rights Act does not authorize this demand,” said Mayes.
Five other federal courts in California, Oregon, Michigan, Massachusetts, and Rhode Island have rejected this Civil Rights Act argument by the Trump DOJ.
The DOJ has 25 lawsuits on their claim of Civil Rights Act authority pending in Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Kentucky, Maine, Maryland, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oklahoma, Oregon, Rhode Island, Vermont, Virginia, Utah, Washington, West Virginia, and Wisconsin.
Earlier this month, Arizona Senate leadership referred Fontes to the DOJ for allegedly obstructing justice and tampering with a witness concerning a federal probe into Arizona election records.
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