The Justice Department suffered its 18th straight loss on Wednesday in its nationwide campaign to obtain unredacted state voter rolls, as a federal judge dismissed the Trump administration‘s lawsuit against New Jersey despite the state’s recent disclosure that thousands of noncitizens were illegally registered to vote.
U.S. District Judge Zahid Quraishi, an appointee of former President Joe Biden, granted New Jersey’s motion to dismiss and denied the DOJ’s attempt to compel access to the state’s complete voter registration database, including voters’ driver’s license numbers and the last four digits of their Social Security numbers.
Zahid Quraishi, nominated by U.S. President Joe Biden to be a U.S. District Judge for the District of New Jersey, is sworn in during a Senate Judiciary Committee hearing on pending judicial nominations, Wednesday, April 28, 2021 on Capitol Hill in Washington. (Kevin Lamarque/Pool via AP)
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Zahid Quraishi, nominated by U.S. President Joe Biden to be a U.S. District Judge for the District of New Jersey, is sworn in during a Senate Judiciary Committee hearing on pending judicial nominations, Wednesday, April 28, 2021 on Capitol Hill in Washington. (Kevin Lamarque/Pool via AP)
The ruling leaves the DOJ with a losing record in district court cases seeking such data, in addition to an earlier appellate loss. The department said it would appeal immediately following the ruling.
“This Court … joins at least sixteen other district courts including a sister court — and one circuit — in dismissing Plaintiff’s claim,” Quraishi wrote in a 17-page decision. The judge decided the matter without oral argument.
The decision came just days after Gov. Mikie Sherrill (D-NJ) disclosed that a Motor Vehicle Commission software failure caused roughly 6,600 noncitizens to be added to New Jersey’s voter rolls between June 2023 and June 2024. About 400 of those people cast ballots in at least one subsequent election.
The revelation gave the DOJ fresh evidence of a serious breakdown in the state’s voter registration system. Yet Quraishi ruled that the registration error had “no bearing” on whether the DOJ could legally force New Jersey to surrender its live, unredacted voter database.
The DOJ first requested New Jersey’s full voter list in July last year as part of a broader effort to scrutinize election records nationwide. State officials provided a version of the rolls but withheld sensitive personal information, citing privacy concerns.
After months of negotiations, the DOJ sued in February under Title III of the Civil Rights Act of 1960. Assistant Attorney General Harmeet Dhillon, who leads the department’s Civil Rights Division, said at the time that state election officials were choosing to fight the federal government “rather than show their work.”
Quraishi wrote that Title III applies only to records that “come into” election officials’ “possession,” not to “New Jersey’s computerized [voter registration list] — a document the State itself created.”
He said the DOJ’s position was “untenable” because the law requires covered records to be preserved without alteration, while other federal election laws require states to “continually” update their computerized voter lists. “Simply stated, this creates a conflict,” Quraishi wrote.
The ruling is another setback for the Trump administration’s effort to enforce federal voter list maintenance requirements under laws such as the National Voter Registration Act and the Help America Vote Act.
Marc Elias, the former lawyer for former Secretary of State Hillary Clinton’s 2016 presidential campaign, said in a statement, “I’m still not tired of winning.” The Elias Law Group represents defendant-intervenors in the case.
NEW JERSEY KEEPS TWO CONTRACTS WITH VENDOR THAT GOV. SHERRILL BLAMES FOR VOTER REGISTRATION ERROR
The litigation will continue despite the dismissal. The DOJ has opened a separate review into the 6,600 improper registrations and demanded identifying information about the affected registrants, including details about those who voted. Sherrill rejected that request Tuesday, calling it unsupported by law.
A DOJ spokesperson told the Washington Examiner, “We disagree with the court’s decision and will appeal.”
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[ H/T Washington Examiner ]
