DOJ Sues Washington Secretary of State Over Voter Records Access
UPDATE: The U.S. Department of Justice has just filed a lawsuit against Washington Secretary of State Steve Hobbs, alleging a violation of federal law by refusing to provide comprehensive voter registration records. This urgent legal action, announced on September 26, 2023, comes as part of an essential review of how Washington manages its voter rolls under the National Voter Registration Act (NVRA) and the Help America Vote Act (HAVA).
Federal attorneys assert that the request for these records is vital to ensure compliance with federal standards. The DOJ claims that federal law grants the Attorney General significant authority to access documents related to elections, including voter registration lists that contain sensitive identifying information such as dates of birth and parts of Social Security numbers.
The need for this demand arose when the DOJ sent a letter to Hobbs on September 8, requesting an electronic copy of the statewide voter registration list. This list is required to include all fields mandated by federal law, encompassing full names, addresses, dates of birth, driver’s license numbers, and the last four digits of Social Security numbers, along with voter registration application records from the past 22 months.
According to the DOJ, this request follows Washington’s reported data in the U.S. Election Assistance Commission’s 2024 Election Administration and Voting Survey. Federal officials are seeking more information to evaluate if the state is effectively removing ineligible voters and employing accurate methods to identify duplicates and verify registrants.
However, Secretary Hobbs denied the request, citing Washington state law which limits the release of personal information, including birthdates and partial Social Security numbers. He contended that these restrictions apply even during federal investigations. In response, the DOJ emphasized that state public disclosure laws do not impede federal inquiries, highlighting that the Civil Rights Act explicitly overrides conflicting state statutes.
The lawsuit aims to compel Hobbs to provide the full, unredacted voter database within five days of the court’s order. Federal attorneys are demanding that the list be transmitted through a secure encrypted portal, as specified in their original demand letter. They stress that the Civil Rights Act mandates a “summary proceeding,” restricting the court’s examination to just two factors: whether the Attorney General made a written demand and if the custodian of records refused compliance.
If the court rules in favor of the DOJ, Washington will be required to submit the complete statewide voter list, inclusive of personal data, for federal inspection, copying, and analysis. Importantly, the lawsuit does not accuse Washington’s voting system of wrongdoing but focuses on the state’s noncompliance with data provision necessary for the compliance review.
This lawsuit marks a significant moment in the ongoing evaluation of voter registration practices in Washington, underscoring the federal government’s commitment to ensuring fair and transparent elections. The public is urged to stay informed about this developing situation as the implications for voter rights and state compliance with federal law unfold.
Next Steps: The court’s decision on the DOJ’s motion will be closely monitored, as it could have far-reaching consequences for how Washington handles voter registration and compliance with federal mandates. KIRO 7 News has reached out to Secretary Hobbs’ office for further comment.
