Litigation
U.S. v. Oliver
Common Cause Granted Motion to Intervene in Lawsuit by DOJ Demanding New Mexico Voter File
Common Cause filed a motion to intervene in a lawsuit brought by the Department of Justice against New Mexico that demands it hand over its voter file. A district court has granted our motion, meaning Common Cause is now party to the lawsuit, and we are seeking its dismissal.
The Statutory Authority of States to Protect Sensitive Voter Files
By law, states, not the federal government, have the authority to maintain their voter files, which contain sensitive information including full names, addresses, dates of birth, driver’s license and partial Social Security numbers. However, the Trump administration has been on a quest to collect these databases to assemble their own master voter file, a move that threatens the integrity of our elections and risks disenfranchising many Americans ahead of the 2026 midterm elections.
Secretary Maggie Toulouse Oliver and the Defense of New Mexico’s Secure Elections
Most of these states, including New Mexico, have resisted pressure from the DOJ to hand over voter data. New Mexico Secretary of State Maggie Toulouse Oliver rejected the demand and stood up for the integrity of New Mexico’s elections, calling them “the most secure, accurate, and voter-focused in the entire nation.” Now, they’re among the several states being sued for the voter file by the Trump administration. In response, Common Cause has filed motions to intervene in several of these lawsuits. Our motion in New Mexico was granted.
What’s next in this case?
Moving forward, the State of New Mexico, Common Cause, and its partners are seeking the dismissal of this lawsuit, which would reject the Trump administrations attempt to collect this sensitive data.
What is at risk if the DOJ gets ahold of state voter files?
Trump has repeatedly signaled his willingness to undermine our democracy to stay in power. Whether continuing to spread disproven conspiracies about the 2020 election or calling on Republicans to “nationalize the voting,” he has shown time and again that winning is more important to him than a fair and free democracy.
Demanding state voter files is another attempt to undermine states’ statutory power to manage elections, and the disenfranchisement that the Trump administration could carry out with a master national voter file is deeply concerning.
A list like this could be used to conduct strategic and widespread purges of eligible voters from voter rolls, including purges that are targeted based on factors like location, age, and gender in an effort to gain a partisan advantage.
Voter Intimidation and the Impact of DOJ-DHS Data Sharing
The Department of Homeland Security’s cruel attacks on immigrants and communities of color, regardless of their citizenship status, a potential federal database like this poses even greater risk – already, the DOJ has acknowledged that it is sharing voter information with DHS. Knowing that the federal government has collected a database of sensitive information could intimidate potential voters from these communities and prevent them from registering to vote.
Why is Common Cause involved in the DOJ lawsuit against New Mexico?
What did Secretary Maggie Toulouse Oliver say about New Mexico's voter rolls?
What sensitive information is included in New Mexico’s non-public voter file?
How does a national voter database impact the 2026 midterm elections?
A centralized federal voter database could facilitate targeted voter purges. Critics believe the administration could use this data to remove eligible voters from the rolls based on demographics like age or location to gain a partisan advantage in the upcoming 2026 midterm elections, undermining the principle of a fair and free democracy.
How does DOJ and DHS information sharing affect immigrant communities?
The DOJ has admitted to sharing voter information with the Department of Homeland Security (DHS). This cooperation creates a significant risk for immigrants and communities of color in New Mexico, as the existence of a federal database may be used to intimidate legal residents and discourage them from registering to vote or participating in elections.
