Voting and civil rights groups sued Alaska elections officials Wednesday, alleging that their sharing of the state's full voter registration list with the U.S. Department of Justice violates the state constitution.
The lawsuit was filed in state court against the state Division of Elections by the League of Women Voters of Alaska and Alaska Black Caucus. It names Republican Lt. Gov. Nancy Dahlstrom, who oversees the division, and Division Director Carol Beecher as defendants.
Alaska is one of at least 12 states that has provided or said it would provide detailed voter information — including date of birth, driver's license number or partial Social Security number — to the Trump administration, according to the Brennan Center for Justice. Alaska and Texas also signed agreements outlining the DOJ's plans to analyze voter files and flag voters for potential removal.
The Justice Department has sued at least 30 states and the District of Columbia to try to force the release of voter data, according to a tally by the Brennan Center. Judges have rejected those efforts in California, Massachusetts, Michigan, Oregon and most recently Rhode Island.
What the Left Is Saying
The plaintiffs argue the sharing of personal voter data violates the right to privacy guaranteed under the Alaska Constitution. The lawsuit also claims the memorandum of understanding with the DOJ violates due process by allowing the federal agency to flag voters for removal without providing notice or an opportunity for impacted voters to challenge those decisions.
Eric Glatt, legal director for the ACLU of Alaska, which is representing the plaintiffs along with the ACLU Voting Rights Project and the Electronic Privacy Information Center, said in a statement: 'Rather than fiercely defending the rights of Alaska’s voters, our Division of Elections acceded to federal overreach. Now we are asking the court to step in and ensure that DOE upholds its constitutional and legal obligations to Alaskans.'
The lawsuit describes the process under state law for maintaining voter rolls and states that there are only limited circumstances under which a voter's registration can be promptly canceled — upon death or conviction of a felony involving moral turpitude. The plaintiffs argue the state's interpretation is irreconcilable with the plain language of the agreement signed with the Justice Department.
What the Right Is Saying
Sam Curtis, a spokesperson with the Alaska Department of Law, said by email that it would be premature to comment on specific claims raised in the lawsuit. However, Curtis noted the department has previously explained in public hearings that state law expressly permits the sharing of this information for authorized governmental purposes.
'Alaska statutes contain numerous provisions that allow the sharing of otherwise non-public or confidential information with law enforcement,' Curtis said. 'That statute is on the books, and we will defend it.'
During a legislative hearing in Alaska last month, Rachel Witty, an attorney with the state Department of Law, told lawmakers the state had a compelling interest to comply with the federal request. 'To ensure the integrity of elections, there was a mutual interest in maintaining voter rolls that were accurate and current,' she said.
The state argues the agreement with the DOJ only allows removal of voters to the extent allowed by state and federal law, and that elections officials have committed to following those legal limitations.
What the Numbers Show
At least 12 states have provided or indicated they would provide detailed voter information to the DOJ as part of the federal effort to obtain voter data from every state, according to the Brennan Center.
The Justice Department has filed lawsuits against at least 30 states and the District of Columbia to compel the release of voter data. Federal judges have rejected these efforts in five states: California, Massachusetts, Michigan, Oregon and Rhode Island. A judge in Georgia dismissed a DOJ lawsuit after ruling it had been filed in the wrong city, and the case was subsequently refiled.
In the Rhode Island case, DOJ attorneys acknowledged the department was seeking unredacted voter information so it could be shared with the Department of Homeland Security to check citizenship status.
At least four federal lawsuits have been filed around the U.S. seeking to stop the DOJ from collecting information from unredacted voter registration files or to prevent states from canceling or suspending voter registrations based on the federal project.
The Bottom Line
The Alaska lawsuit represents one of several legal challenges to the Trump administration's effort to obtain detailed voter data from every state. The plaintiffs are asking a judge to void the agreement between Alaska's elections division and the DOJ, and to require the state to make reasonable efforts to ensure the immediate destruction of any copies of the voter list shared with federal officials.
The case raises questions about the balance between state constitutional privacy protections and what the DOJ has characterized as an effort to ensure election integrity by identifying potential noncitizens on voter rolls. A court resolution could establish precedent for how other states handle similar federal data requests.
The DOJ's broader litigation effort has faced setbacks in multiple jurisdictions, though the department continues to pursue legal action in other states. The Alaska case is set to proceed in state court, with the Department of Law indicating it will defend the state's authority to share voter information under existing statutes.