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Wisconsin will likely see limited, local effects from Voting Rights Act ruling — at least for now

A person in a red shirt and visor hands a form to another person next to a table covered with papers and other items, with another person, voting booths and a bulletin board visible.
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Wisconsin will likely face limited immediate impact at both the legislative and congressional level from the U.S. Supreme Court ruling that narrowed how the Voting Rights Act can be used to challenge political maps. But it may make it easier for people to challenge school board and city council maps in court.

The ruling in Louisiana v. Callais raises the bar for voting rights challenges by requiring stronger evidence that race, rather than political considerations, drove how districts were drawn, and making it easier for states to defend maps on nonracial grounds. 

Dan Lennington, the managing vice president and deputy counsel at the conservative Wisconsin Institute for Law & Liberty, said the boundaries that could be most easily struck down as a result of the Wednesday ruling are those that were drawn explicitly for racial reasons. Some examples, he said, are the boundaries for Milwaukee city council districts and certain school districts.

Race is a common factor in drawing Milwaukee city council districts, though campaigns to add additional majority-minority districts haven’t always succeeded. 

For example, departing Milwaukee Mayor Tom Barrett in December 2021 vetoed a proposed city council map because it didn’t include a third Latino-majority district, only for Mayor Cavalier Johnson to sign that same map several weeks later.

Lennington also pointed to state laws that use race as a factor to determine school district boundaries. One of those laws explicitly mentions “racial composition of the pupils” as a factor for drawing boundaries — a law that he said is now implicated by the Callais decision.

“If a plaintiff comes to us and says that they live in a district that’s been racially gerrymandered, we would take a very close look at that case,” he said.

Less likely impact on legislative and congressional level

There likely won’t be much impact in Wisconsin at the congressional district level because there’s just one majority-minority district in the state, UW-Madison political science professor Barry Burden said ahead of the ruling. The 4th Congressional District, represented by Rep. Gwen Moore, D-Milwaukee, comprises much of Milwaukee and the surrounding suburbs in Milwaukee County. 

Even if Section 2 of the VRA did not apply, he said, the district would likely stay much the same given the general principle of keeping communities intact. 

A decision like the one handed down, he said, “would open the door if line drawers wanted to break up that county or city in some way, but I think it would probably be challenged on other grounds.”

Challenges to Wisconsin’s congressional maps have often had more to do with partisan than racial line-drawing. Speaking to reporters on Wednesday, Gov. Tony Evers, a Democrat, said he wasn’t surprised by the federal decision but reiterated his call for new congressional maps, which he said unfairly gave Republicans a 6-2 seat advantage in a swing state.

But two recent court decisions in Wisconsin rejected challenges to the state’s congressional maps on the basis that they constitute an unconstitutional “anti-competitive” gerrymander. Those rulings focused not on race, but on whether courts can take up claims based on partisan advantage. 

Doug Poland, co-founder of the liberal law firm Law Forward, said this ruling could empower lawmakers to pursue partisan goals while making racial challenges harder to prove.

But because of Wisconsin’s demographics — a largely white state, with the most significant minority populations concentrated around the Milwaukee area — the state has run into Section 2 challenges far less often than southern states, he said.

“As a practical matter, this decision doesn’t have a big impact on Wisconsin at the moment,” he said. “That could change.”

There’s more at play among state legislative districts, Burden said. The state has nine majority-minority legislative districts, where a single minority group makes up over half of the population: seven in the Assembly and two in the Senate. Two other districts — one in each chamber — are minority influence districts, where combined minority populations make up a majority.

Democrats in Wisconsin have generally steered clear of breaking up minority districts to avoid violating the VRA, Burden said, but packing minority voters in one district sometimes costs them adjacent districts where they might have been competitive if the minority population was more evenly distributed. For that reason, there’s a history of Republicans supporting majority-minority districts in the state.

The issue has been a factor in recent redistricting fights. In March 2022, the Wisconsin Supreme Court initially selected Evers’ legislative maps, which created an additional majority-Black Assembly district

But while Evers argued this addition was necessary to comply with the Voting Rights Act, it drew criticism from both sides of the aisle. A Black Democratic legislator criticized the move as diluting Black voices, while Republicans appealed the maps to the U.S. Supreme Court, which sided with the GOP and ordered the Wisconsin Supreme Court to select a different map.

If any of the districts are found to be out of compliance with the U.S. Constitution under the ruling via some additional challenge, Burden said, Wisconsin may draw new districts sooner than later.

“I don’t know who that advantages,” he said. “It probably depends who’s drawing the lines.”

Lennington also pointed out President Donald Trump’s success with Black and Latino voters relative to past GOP candidates, adding that splitting majority-minority legislative districts wouldn’t necessarily give either party an advantage here.

What he did predict, though, is that splitting such districts “might polarize us even more” if they were replaced with districts drawn on partisan as opposed to racial lines.

“It just might make the red more red and the blue more blue,” he said.

Alexander Shur is a reporter for Votebeat based in Wisconsin. Contact Shur at ashur@votebeat.org.

Votebeat is a nonprofit news organization reporting on voting access and election administration across the U.S. Sign up for Votebeat Wisconsin’s free newsletter here.

Wisconsin will likely see limited, local effects from Voting Rights Act ruling — at least for now is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

Congressional Black Caucus members condemn Supreme Court’s gutting of the Voting Rights Act

29 April 2026 at 22:26
Rev. Bernard LaFayette (center, in wheelchair and cloth cap) holds his wife Kate’s hand as they are wheeled over the Edmund Pettus Bridge in Selma, Alabama on March 9, 2025 as part of 60th anniversary commemorations of Bloody Sunday, the 1965 attack on peaceful civil rights protestors that led to the Selma-to-Montgomery March and the Voting Rights Act. LaFayette ran the Selma voting rights campaign in 1965 and survived an assassination attempt. (Photo by John Partipilo/Tennessee Lookout)

Rev. Bernard LaFayette (center, in wheelchair and cloth cap) holds his wife Kate’s hand as they are wheeled over the Edmund Pettus Bridge in Selma, Alabama on March 9, 2025 as part of 60th anniversary commemorations of Bloody Sunday, the 1965 attack on peaceful civil rights protestors that led to the Selma-to-Montgomery March and the Voting Rights Act. LaFayette ran the Selma voting rights campaign in 1965 and survived an assassination attempt. (Photo by John Partipilo/Tennessee Lookout)

The U.S. Supreme Court’s decision gutting the federal Voting Rights Act sent Black Democrats in the U.S. House reeling on Wednesday, as they confronted a new reality where Republicans could gerrymander some of them out of office and limit the ability of Black voters to elect candidates in the future.

Members of the Congressional Black Caucus vowed to fight the court’s decision. They demanded fresh votes on federal voting rights legislation that has languished for several years and urged voters to turn out in the November election.

But facing a Republican-controlled Congress for at least the rest of the year and a Republican White House for at least the next two-and-a-half years, the prospect of major new voting rights legislation becoming law appears slim in the near term.

“It will pave the way for the greatest reduction in representation for Black and minority voters since the years following Reconstruction,” Rep. Terri Sewell, an Alabama Democrat, said of the court’s decision, referring to the post-Civil War period in the South.

Republicans could ultimately secure up to 19 U.S. House seats nationally directly because of the Supreme Court’s decision, according to a projection by Fair Fight Action, a Georgia-based progressive voting rights group, and the Black Voters Matter Fund, which advocates on behalf of Black voters. 

As of Aug. 4, 2025, Congress included 61 Black members of the House, including two delegates, and five senators, according to the Congressional Research Service.

Racial gerrymander

In a 6-3 decision written by Justice Samuel Alito, the Supreme Court ruled that Louisiana’s congressional map was an unconstitutional racial gerrymander because it unnecessarily created a second district where a majority of residents are Black.

Section 2 of the Voting Rights Act had previously limited states from using maps that dilute the voting power of minority citizens. Justice Elena Kagan, one of the court’s three liberal justices, wrote in a dissent that the decision would now allow states to dilute the voting power of minority voters without legal consequences.

Republicans welcomed the decision, with many saying race should play no role in redistricting. President Donald Trump, informed about the ruling by reporters and told that it would help Republicans, exclaimed, “I love it.”

Florida lawmakers approved a new map within hours of the opinion. The proposal, offered by Gov. Ron DeSantis earlier this week, seeks to secure four additional House seats for Republicans. DeSantis had invoked the court’s decision, even before it was released, to push lawmakers to pass the new map.

GOP candidates and officials in other states urged state lawmakers to move quickly to redraw maps, even with primary elections approaching. Even if only a small number of states enact fresh gerrymanders this year, the Supreme Court decision will likely trigger another, bigger wave of redistricting over the next two years ahead of the 2028 election.

“The Court rightly acknowledged that the South has made extraordinary progress, and that laws designed for a different era do not reflect the present reality,” Alabama Republican Attorney General Steve Marshall said in a statement.

Rep. Richard Hudson, a North Carolina Republican who chairs the National Republican Congressional Committee, in a statement said the decision “restores fairness, strengthens confidence in our elections, and ensures every voter is treated equally under the law.”

The Supreme Court in 2019 allowed states to redraw maps for political advantage, ruling that federal courts would no longer adjudicate partisan gerrymandering cases. That previous decision, combined with Wednesday’s opinion, offers states a wide berth to draw maps that limit the voting power of minorities if they’re sold as politically necessary.

Bloody Sunday

Sewell represents a district that includes Selma, where the civil rights activist and future U.S. Rep. John Lewis, D-Ga., along with other marchers, was beaten by state troopers in 1965 while walking across the Edmund Pettus Bridge in an episode called Bloody Sunday. 

The beatings helped spur Congress to pass the Voting Rights Act later that year — the same law the Supreme Court weakened on Wednesday.

“The court just gave states permission to use partisan gerrymandering as a wholesale excuse to deny Black and minority voters a voice in our democracy,” Sewell said.

In Missouri, the Republican-controlled legislature earlier this year passed a map intended to oust Rep. Emanuel Cleaver, a Democrat who was Kansas City’s first Black mayor. The state Supreme Court is weighing a legal challenge that could keep the map from taking effect before the November election.

On Wednesday, Cleaver in a statement called the opinion “deeply disrespectful of the generations of African Americans and civil rights advocates who gave their freedom, their blood, and even their lives to make it possible.” 

Obama criticizes ruling

Former President Barack Obama condemned the decision as another example of how a majority of the current Supreme Court seems intent on “abandoning its vital role” in ensuring equal participation in American democracy and protecting the rights of minority groups against majority overreach.

“The good news is that such setbacks can be overcome,” Obama said in a statement. “But that will only happen if citizens across the country who cherish our democratic ideals continue to mobilize and vote in record numbers – not just in the upcoming midterms or in high profile races, but in every election and every level.

Several Democrats said Congress should pass the John Lewis Voting Rights Advancement Act, a Democratic-sponsored measure that seeks to restore preclearance — a requirement that states with a history of discrimination obtain federal approval before making voting changes. The Supreme Court effectively halted preclearance in 2013.

The House, under Democratic control, passed the legislation in 2021 but it stalled in the Senate. Democrats could likely pass the bill again if they retake the House in November but would face a likely filibuster again in the Senate. Even if they managed to pass the bill, Trump would be virtually certain to veto it.

Rep. Cleo Fields, a Louisiana Democrat whose district was ruled an unconstitutional racial gerrymander, sought to place the court’s decision in a broader, historical context. 

Looking ahead to midterms

Recalling Louisiana’s Jim Crow past, he said the state used to require individuals to recite the Constitution’s preamble before registering to vote.

“If you tell me I’ve got to jump a certain height, I could probably do that. Tell me I’ve got to run a certain distance, I could probably do that, too. But if you tell me I have to be white to serve in Congress from Louisiana, I can’t do nothing about that — I need some help from my government,” Fields said, adding that’s why Congress needs to pass the John Lewis Voting Rights Advancement Act.

House Minority Leader Hakeem Jeffries called the Supreme Court’s conservative majority “illegitimate” and said the opinion was unacceptable but not unexpected. 

While acknowledging the decision represents a setback, America has an opportunity to mount a comeback in the upcoming election, he said.

Jeffries, who is set to become speaker if Democrats retake the House in November, said one of the chamber’s first actions would be to pass the John Lewis Voting Rights Advancement Act.

“So we can end the era of voter suppression in America once and for all,” Jeffries said.

Jennifer Shutt contributed to this report

Jeffries, James warn of voting rights threats at Detroit NAACP dinner

27 April 2026 at 17:06
U.S. House Minority Leader Hakeem Jeffries speaks at the Detroit NAACP Fight For Freedom Fund Dinner in Detroit, Mich., on April 26, 2026. (Photo by Andrew Roth/Michigan Advance)

U.S. House Minority Leader Hakeem Jeffries speaks at the Detroit NAACP Fight For Freedom Fund Dinner in Detroit, Mich., on April 26, 2026. (Photo by Andrew Roth/Michigan Advance)

National leaders warned the Detroit NAACP of an ongoing attack on democracy during what organizers say is the largest sitdown dinner of its kind in the world Sunday.

Speakers at the 71st annual Fight for Freedom Fund Dinner, including U.S. House Minority Leader Hakeem Jeffries and New York Attorney General Letitia James, said efforts to obtain Michigan ballot data, require proof of citizenship to vote and potentially weaken the Voting Rights Act present a major threat to the rights of Americans.

James received the Ida B. Wells Freedom and Justice Award, which she said she shares with Michigan Attorney General Dana Nessel after Nessel pledged to deny the federal government access to Michigan’s ballots from the 2024 presidential election.

“This award’s namesake once said, ‘The way to right wrongs is to light the truth upon them, to shine light in the darkness,’” James said. “AG Nessel is the holder of that light of liberty in Michigan, just as our ancestors grabbed the torch of freedom and used it to light the way forward for all of us.”

New York Attorney General Letitia James speaks at the Detroit NAACP Fight For Freedom Fund Dinner in Detroit, Mich., on April 26, 2026. (Photo by Andrew Roth/Michigan Advance)

Jeffries said the election of President Donald Trump in 2024 “was definitively a setback,” but said that “a setback is nothing more than a setup for a comeback.”

He said 2026 will be the year of the “great American comeback.”

“We’re not here to step back,” Jeffries said. “We’re here to push back at all times and ensure that this country will have a free and fair election in November.”

The Democratic leader – who was introduced by several speakers as the next speaker of the House – said that “when the gavels change hands,” Democrats will pass the John R. Lewis Voting Rights Advancement Act “so we can end the era of voter suppression in the United States of America once and for all.”

The theme of this year’s dinner was “Liberty or Oppression – The Choice is Ours.”

Michigan Gov. Gretchen Whitmer said the “choice between liberty and oppression is really one between apathy and action.”

“They don’t want Detroit to have a voice. They can’t defend their record of failure, so they want to rig the game to win. But not on my watch, not on your watch, not on our watch,” Whitmer said. “I know it’s hard to feel energetic right now, but nothing changes if we take a back seat.”

U.S. House Minority Leader Hakeem Jeffries, left, and Michigan Gov. Gretchen Whitmer, right, at the Detroit NAACP Fight For Freedom Fund Dinner in Detroit, Mich., on April 26, 2026. (Photo by Andrew Roth/Michigan Advance)

The dinner came one day after a gunman opened fire near the White House Correspondents’ Dinner in Washington, D.C., reportedly targeting Trump.

Jeffries condemned political violence and thanked law enforcement for protecting the attendees at both events.

“Here in America, we should be able to agree to disagree without ever being disagreeable with each other,” Jeffries said. “At the same time, I can assure you that we will continue to speak truth to power at all times as we navigate our way through the trials, the turbulence and the tribulations of this moment.”

James said political violence “has no place in society,” adding that she has faced threats to her own life.

But she added that she continues to “yearn and pray for a compassionate, civil, competent and inclusive government in Washington, D.C.”

The Detroit NAACP also honored civil rights activist Ruby Bridges, who was the first Black child to attend the formerly whites-only William Frantz Elementary School in Louisiana in 1960.

Jeffries said “our community has always had the ability to imagine a better future here in America and then work hard to bring it about.”

James said Bridges set an example for everyone to follow.

“If a 6-year-old Ruby Bridges can find the courage to walk through an angry, screaming mob just to get to school, so can we,” James said.

Civil rights activist Ruby Bridges speaks at the Detroit NAACP Fight For Freedom Fund Dinner in Detroit, Mich., on April 26, 2026. (Photo by Andrew Roth/Michigan Advance)
Civil rights activist Ruby Bridges speaks at the Detroit NAACP Fight For Freedom Fund Dinner in Detroit, Mich., on April 26, 2026. (Photo by Andrew Roth/Michigan Advance)
U.S. House Minority Leader Hakeem Jeffries, left, and Detroit NAACP President Wendell Anthony, right, at the Detroit NAACP Fight For Freedom Fund Dinner in Detroit, Mich., on April 26, 2026. (Photo by Andrew Roth/Michigan Advance)
U.S. House Minority Leader Hakeem Jeffries speaks at the Detroit NAACP Fight For Freedom Fund Dinner in Detroit, Mich., on April 26, 2026. (Photo by Andrew Roth/Michigan Advance)
U.S. House Minority Leader Hakeem Jeffries speaks at the Detroit NAACP Fight For Freedom Fund Dinner in Detroit, Mich., on April 26, 2026. (Photo by Andrew Roth/Michigan Advance)
U.S. House Minority Leader Hakeem Jeffries speaks at the Detroit NAACP Fight For Freedom Fund Dinner in Detroit, Mich., on April 26, 2026. (Photo by Andrew Roth/Michigan Advance)
U.S. House Minority Leader Hakeem Jeffries speaks at the Detroit NAACP Fight For Freedom Fund Dinner in Detroit, Mich., on April 26, 2026. (Photo by Andrew Roth/Michigan Advance)
U.S. House Minority Leader Hakeem Jeffries speaks at the Detroit NAACP Fight For Freedom Fund Dinner in Detroit, Mich., on April 26, 2026. (Photo by Andrew Roth/Michigan Advance)
United Auto Workers President Shawn Fain at the Detroit NAACP Fight For Freedom Fund Dinner in Detroit, Mich., on April 26, 2026. (Photo by Andrew Roth/Michigan Advance)
U.S. House Minority Leader Hakeem Jeffries speaks at the Detroit NAACP Fight For Freedom Fund Dinner in Detroit, Mich., on April 26, 2026. (Photo by Andrew Roth/Michigan Advance)
A security agent guards U.S. House Minority Leader Hakeem Jeffries at the Detroit NAACP Fight For Freedom Fund Dinner in Detroit, Mich., on April 26, 2026. (Photo by Andrew Roth/Michigan Advance)
A security agent guards U.S. House Minority Leader Hakeem Jeffries at the Detroit NAACP Fight For Freedom Fund Dinner in Detroit, Mich., on April 26, 2026. (Photo by Andrew Roth/Michigan Advance)
U.S. House Minority Leader Hakeem Jeffries speaks at the Detroit NAACP Fight For Freedom Fund Dinner in Detroit, Mich., on April 26, 2026. (Photo by Andrew Roth/Michigan Advance)
U.S. Sen. Gary Peters speaks at the Detroit NAACP Fight For Freedom Fund Dinner in Detroit, Mich., on April 26, 2026. (Photo by Andrew Roth/Michigan Advance)
NAACP General Counsel Kristen Clarke speaks at the Detroit NAACP Fight For Freedom Fund Dinner in Detroit, Mich., on April 26, 2026. (Photo by Andrew Roth/Michigan Advance)
U.S. Sen. Elissa Slotkin speaks at the Detroit NAACP Fight For Freedom Fund Dinner in Detroit, Mich., on April 26, 2026. (Photo by Andrew Roth/Michigan Advance)
U.S. Sen. Elissa Slotkin speaks at the Detroit NAACP Fight For Freedom Fund Dinner in Detroit, Mich., on April 26, 2026. (Photo by Andrew Roth/Michigan Advance)
Michigan Gov. Gretchen Whitmer speaks at the Detroit NAACP Fight For Freedom Fund Dinner in Detroit, Mich., on April 26, 2026. (Photo by Andrew Roth/Michigan Advance)
Detroit NAACP President Wendell Anthony speaks at the Detroit NAACP Fight For Freedom Fund Dinner in Detroit, Mich., on April 26, 2026. (Photo by Andrew Roth/Michigan Advance)
Detroit Mayor Mary Sheffield speaks at the Detroit NAACP Fight For Freedom Fund Dinner in Detroit, Mich., on April 26, 2026. (Photo by Andrew Roth/Michigan Advance)
U.S. House Minority Leader Hakeem Jeffries, left, and Detroit NAACP President Wendell Anthony, right, at the Detroit NAACP Fight For Freedom Fund Dinner in Detroit, Mich., on April 26, 2026. (Photo by Andrew Roth/Michigan Advance)
New York Attorney General Letitia James speaks at the Detroit NAACP Fight For Freedom Fund Dinner in Detroit, Mich., on April 26, 2026. (Photo by Andrew Roth/Michigan Advance)
New York Attorney General Letitia James speaks at the Detroit NAACP Fight For Freedom Fund Dinner in Detroit, Mich., on April 26, 2026. (Photo by Andrew Roth/Michigan Advance)
New York Attorney General Letitia James speaks at the Detroit NAACP Fight For Freedom Fund Dinner in Detroit, Mich., on April 26, 2026. (Photo by Andrew Roth/Michigan Advance)
New York Attorney General Letitia James at the Detroit NAACP Fight For Freedom Fund Dinner in Detroit, Mich., on April 26, 2026. (Photo by Andrew Roth/Michigan Advance)
New York Attorney General Letitia James at the Detroit NAACP Fight For Freedom Fund Dinner in Detroit, Mich., on April 26, 2026. (Photo by Andrew Roth/Michigan Advance)
Michigan Gov. Gretchen Whitmer, left, and New York Attorney General Letitia James, right, at the Detroit NAACP Fight For Freedom Fund Dinner in Detroit, Mich., on April 26, 2026. (Photo by Andrew Roth/Michigan Advance)
Michigan Secretary of State Jocelyn Benson mingles with attendees at the Detroit NAACP Fight For Freedom Fund Dinner in Detroit, Mich., on April 26, 2026. (Photo by Andrew Roth/Michigan Advance)
Michigan Secretary of State Jocelyn Benson mingles with attendees at the Detroit NAACP Fight For Freedom Fund Dinner in Detroit, Mich., on April 26, 2026. (Photo by Andrew Roth/Michigan Advance)
Michigan state Sen. Mallory McMorrow mingles with attendees at the Detroit NAACP Fight For Freedom Fund Dinner in Detroit, Mich., on April 26, 2026. (Photo by Andrew Roth/Michigan Advance)

This story was originally produced by Michigan Advance, which is part of States Newsroom, a nonprofit news network which includes Wisconsin Examiner, and is supported by grants and a coalition of donors as a 501c(3) public charity.

Republican states defend citizenship lists ordered by Trump as ‘optional’ election help

22 April 2026 at 18:59
A voter deposits a mail-in ballot at the drop box outside the Chester County Government Center in West Chester, Pennsylvania, on Tuesday, Nov. 5, 2024. (Photo by Peter Hall/Pennsylvania Capital-Star)

A voter deposits a mail-in ballot at the drop box outside the Chester County Government Center in West Chester, Pennsylvania, on Tuesday, Nov. 5, 2024. (Photo by Peter Hall/Pennsylvania Capital-Star)

A dozen Republican state attorneys general are moving to defend President Donald Trump’s executive order on mail ballots from legal challenges mounted by Democrats.

The GOP officials, led by Missouri Attorney General Catherine Hanaway, argued in multiple court filings Monday and Tuesday in response to Democratic lawsuits that the March 31 order provides states with “optional resources” to help secure their elections and doesn’t endanger voting rights.

The states “would like to access this resource so they may verify the accuracy of their own voter-registration lists. This flow of information between federal and state agencies is a common and critical feature of our federal system,” the Republican officials wrote in a court document.

The attorneys general of Alabama, Florida, Indiana, Kansas, Louisiana, Montana, Nebraska, Oklahoma, South Carolina, South Dakota and Texas joined Hanaway in the effort.

The order directs the postmaster general to put forward rules that would block the U.S. Postal Service from delivering ballots to or from voters not on lists of approved mail voters provided by states. Democrats and postal law experts have said the Postal Service has no authority over elections.

“The Constitution and multiple court rulings put it in stark terms: the President does not have the authority to issue an executive order that attempts to undermine the ability of states to run their own elections,” more than 100 U.S. House Democrats wrote in a letter to Trump on Monday.

Trump’s order also directs the Department of Homeland Security to compile lists of voting-age U.S. citizens in each state. Democrats allege the Trump administration is building an unauthorized national voter list, despite the U.S. Constitution giving states the responsibility of running federal elections.

The Democratic National Committee, top Democratic lawmakers and Democratic state attorneys general and secretaries of state have all sued to block the order, as have voting rights groups. The Republican state attorneys general are seeking to intervene in those lawsuits.

The GOP officials argue the Democrats lack standing to challenge the Postal Service provisions of the order and that their objections are premature because the Postal Service hasn’t finalized any new rules on mail ballots.

The order “simply directs” the Postal Service “to initiate rulemaking—it does not regulate the States directly and it does not directly inhibit anyone’s voting rights,” a court filing by the state attorneys general says.

The executive order marked Trump’s latest attempt to assert power over federal elections. A previous order that sought to require voters to prove their citizenship was blocked in court. Legislation to impose such a requirement is stalled in the U.S. Senate.

The Department of Justice has also sued 30 states and the District of Columbia for access to unredacted state voter lists containing sensitive personal information, including driver’s license and partial Social Security numbers. While federal courts have so far rebuffed those lawsuits, at least a dozen states have voluntarily turned over the data. 

DOJ plans to share the information with Homeland Security, which will use a computer program to look for possible noncitizen voters.

Trump’s DOJ sued over campaign to amass data on millions of voters

21 April 2026 at 16:43
Election workers process ballots at the Davis County Administrative Building in Farmington, Utah, on Election Day, Tuesday, Nov. 5, 2024. (Photo by Spenser Heaps for Utah News Dispatch)

Election workers process ballots at the Davis County Administrative Building in Farmington, Utah, on Election Day, Tuesday, Nov. 5, 2024. (Photo by Spenser Heaps for Utah News Dispatch)

Voting rights groups launched a legal challenge Tuesday against the Trump administration’s effort to sweep up sensitive data on millions of Americans with the aim of identifying noncitizen voters, arguing that the U.S. Department of Justice is building a dangerous centralized national voter list ahead of the midterm elections in November.

The federal lawsuit, filed in the District of Columbia by the voting rights and civic group Common Cause with help from other organizations, seeks to block the Justice Department from obtaining and analyzing unredacted state voter lists that include driver’s license and partial Social Security numbers. 

The DOJ plans to share the data with the Department of Homeland Security, which operates a powerful computer program that can verify U.S. citizenship. Democratic election officials say the program has wrongly flagged Americans as possible noncitizen voters and could erode faith in election results.

“This is a blatant, partisan power grab designed to cast doubt on the validity of our elections and whose vote should be counted,” Virginia Kase Solomón, Common Cause president and CEO, said in a statement.

The Justice Department has sued 30 states and the District of Columbia for the data. But at least a dozen other states have provided the data, handing the Trump administration information on millions of registered voters. 

The latest lawsuit by Common Cause, with legal representation by the American Civil Liberties Union, Citizens for Responsibility and Ethics in Washington and other voting rights groups, opens a new front in the legal fight against the Trump administration’s campaign for the data. It represents an attempt to halt the administration from using the voter information it’s already obtained — and stop it from collecting more.

The suit asks a court to order the Justice Department to halt any actions to compile, use or disclose sensitive voter data. The groups also wants the DOJ to delete the data already in its possession.

Alaska, Arkansas, Indiana, Louisiana, Mississippi, Nebraska, Ohio, Oklahoma, South Dakota, Tennessee, Texas, and Wyoming have voluntarily provided, or will turn over, their sensitive voter data, according to the Brennan Center for Justice at New York University, which has been tracking the Justice Department’s efforts.

Federalization of elections

Since taking office last year, President Donald Trump has moved to assert presidential power over federal elections, which under the U.S. Constitution are run by the states. The president and his allies have framed his moves as necessary to ensure the security of elections by purging noncitizen voters.

Trump issued an executive order a year ago that attempted to impose a nationwide requirement that voters must produce documents proving their citizenship. Federal courts blocked the order. He is also pressuring Congress to pass legislation, the SAVE America Act, containing a similar requirement.

Late last month, Trump signed another executive order clamping down on mail ballots. It directs the U.S. Postal Service to restrict the delivery of ballots and instructs Homeland Security to compile lists of voting-age U.S. citizens in each state, effectively building a national database of voters and would-be voters. Several active lawsuits are challenging the order.

“By attempting to interrogate and exploit voter data for political purposes, President Trump’s DOJ isn’t just threatening the privacy of every American—they are building a system designed to imprison the ballot box and silence millions of eligible voters,” Kase Solomón said. “We won’t stand by while Americans’ rights to privacy and voting are under attack.” 

The Justice Department didn’t immediately respond to a request for comment.

In other lawsuits, Justice Department lawyers have argued the agency is entitled to voter data under the 1960 Civil Rights Act, a federal law to combat voting discrimination. DOJ lawyers have also denied that the agency is building a nationwide voter list — but they have acknowledged voter data will be sent to Homeland Security for analysis by SAVE, an online tool short for Systematic Alien Verification for Entitlements.

SAVE was previously used for one-off searches of individual immigrants to check whether they were eligible for government benefits. The Trump administration last year refashioned it into a program capable of checking the citizenship of voters. Some GOP states have begun voluntarily using SAVE to scan their state voter rolls for potential noncitizens.

“That’s how we are going to ensure that they have the proper identification as to each and every voter,” Justice Department Voting Section acting Chief Eric Neff said in federal court in Rhode Island in March, according to a transcript.

DOJ losing streak

Federal judges have so far uniformly ruled against the Justice Department’s efforts to force states to turn over voter data. Federal judges in five states — California, Massachusetts, Michigan, Oregon and Rhode Island — have dismissed the DOJ’s lawsuits.

The Justice Department has appealed some of the rulings. Oral arguments in those cases are set for mid-May.

The DOJ’s most recent court loss came last week in Rhode Island from Judge Mary McElroy, a Trump appointee. In a 14-page order, she ruled that federal voting laws — including the National Voter Registration Act, the Help America Vote Act and the Civil Rights Act — don’t empower the Justice Department to demand state voter data.

“Neither the NVRA nor HAVA authorize DOJ to conduct the kind of fishing expedition it seeks here,” McElroy wrote.

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