National: DOJ releases legal rationale for nationwide voter data collection | Derek B. Johnson/CyberScoop
The Trump administration released a legal opinion outlining the legal rationale behind its nationwide voter data collection efforts, justifying an aggressive federal role in vetting voter eligibility, a position courts have repeatedly rejected in related litigation. The memo, released Tuesday by the Department of Justice Office of Legal Counsel, concedes that while election administration is “primarily the purview of the states,” the administration’s efforts are a lawful exercise of federal oversight. Multiple federal courts have come to the opposite conclusion, dismissing half a dozen lawsuits from DOJ and the Department of Homeland Security that would force states to comply. Further, states have repeatedly confirmed through recounts, audits, investigations and lawsuits that the number of non-citizens registered to vote (and who end up actually casting ballots) in U.S. elections is infinitesimal. David Becker, executive director of the Center of Election Innovation and Research, noted in a post on BlueSky that “6 courts, including 2 judges appointed by the current president, think this ‘opinion’ isn’t worth the paper it’s written on.” Becker, a former DOJ senior trial attorney in the voting section of the Civil Rights Division, has consistently argued that the executive branch and White House have no legal or constitutional role to play in vetting state voter registration. Read Article
