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Federal Court Denies Request to Rehear Dismissal of DOJ Lawsuit Seeking Personal Information of Michigan Voters

LANSING – The Sixth Circuit Court of Appeals has denied the Department of Justice’s (DOJ) request for a rehearing of its decision (PDF) affirming the United States District Court for the Western District of Michigan’s decision to dismiss a lawsuit that unlawfully sought Michigan’s full electronic voter list with no redactions for sensitive personal information. Michigan Attorney General Dana Nessel filed the motion to dismiss the lawsuit on behalf of the Michigan Department of State and the State of Michigan to protect the data of Michigan residents, including full dates of birth, driver’s licenses, Social Security numbers, and personal identification card numbers. The Sixth Circuit was unpersuaded by DOJ’s petition for rehearing en banc, seeking to have the entire bench of judges in the Court of Appeals re-hear the case decided earlier this year by the usual appellate panel of three judges.

“Courts have made it clear that the federal government does not have the right to demand the personal data of millions of Michigan voters, and I am relieved the Sixth Circuit stood by its decision” said Attorney General Nessel. “My office will not stand by while the Trump administration desperately tries to intimidate voters from making their voices heard in the upcoming election, and we will continue to defend the people of Michigan from efforts that compromise their privacy.” 

“When the federal government tried to overstep their authority and demanded the sensitive personal information of Michigan’s voters, I said no – and I’ll see you in court,” said Secretary of State Jocelyn Benson. “Now for the third time, a federal court has ruled in our favor, blocking the DOJ from violating the rights and privacy of Michigan citizens. We will not give in to this administration’s threats, intimidation, or abuse of power in this case or in any future attacks on the state’s clear Constitutional role to oversee and administer elections.”

In its lawsuit, the DOJ argued that it has a right to Michigan’s unredacted electronic voter list under the Civil Rights Act of 1960 (CRA). The United States District Court for the Western District of Michigan rejected that argument, concluding that the electronic voter list is not a paper or record that comes within an election official’s possession for purposes of disclosure under the CRA. The Sixth Circuit affirmed that the qualified voter file is not a record subject to disclosure under the CRA.

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