Today, Common Cause, the ACLU National Voting Rights Project, the ACLU of Hawai’i, and two Hawai’i voters filed a motion to intervene in United States of America v. Nago to prevent the Department of Justice from obtaining Hawai‘i voters’ personal data.   

In September, the DOJ asked Hawai‘i to turn over voters’ full names, dates of birth, addresses, driver’s license numbers, and partial Social Security numbers — highly sensitive data that is protected under state and federal law. Hawai‘i Chief Elections Officer Scott Nago appropriately declined to share this sensitive data protected under state law.   

The advocates and voters argue the DOJ’s request threatens voter privacy and could enable voter disenfranchisement.  

Voters joining the case include a naturalized citizen and former governor Neil Abercrombie. All individuals have an interest in this case because their backgrounds place them at heightened risk of DOJ targeting, a threat that extends to countless other Hawai’i voters.  

“Unelected bureaucrats in Washington have no business accessing Hawai‘i voters’ sensitive personal information,” said Camron Hurt, Common Cause’s Hawai‘i State Director. “Handing this data over to the federal government violates the law and would put voters’ private information in the hands of dangerous election conspiracy peddlers. Common Cause is fighting to protect the rights of Hawai‘i voters and to prevent the potential misuse of their data.” 

“Voters in Hawai‘i and across the country deserve to know their personal information is secure and used only for its intended purpose of maintaining accurate records,” said Maryam Jazini Dorcheh, Senior Director of Litigation at Common Cause. “We are committed to defending voters’ rights and privacy in Hawai‘i and nationwide, and this case is one of many where we are stepping in to ensure those protections are upheld.”  

“The federal government has clearly signaled that this demand for data is about consolidating authoritarian power, not any legitimate government use,” said Emily Hill, ACLU-HI Senior Staff Attorney. “The Hawaiʻi Constitution protects our right to privacy, prohibiting the state from turning over our private information unless explicitly required to by federal law — which in this case, it is not. As the federal government continues to target our immigrant neighbors, the LGBTQ+ community, and anyone opposing their agenda, Hawaiʻi must not hand them information that further erodes our constitutional rights. We stand together with our friends from Common Cause and other groups here in Hawaiʻi who believe in protecting our democracy.” 

Common Cause previously filed a lawsuit in Nebraska to protect state voter data and has joined with the ACLU Voting Rights Project to file motions to intervene as defendants in DOJ lawsuits against Colorado, Georgia, Illinois, Maryland, Massachusetts, Minnesota,New Mexico, Pennsylvania,Rhode Island,Washington DC, and Wisconsin to protect sensitive data in those states.

View the Hawai’i filing here.