Common Cause, the ACLU National Voting Rights Project, and a Virginia voter filed a motion to intervene in United States of America v. Beals to prevent the Department of Justice (DOJ) from obtaining Virginia voters’ personal data from the nonpublic voter file. 

In July, the DOJ asked Virginia 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. The state did not turn over the unredacted data. The DOJ responded by filing a lawsuit against the Commissioner of the Virginia Department of Elections, Susan Beals, in January in an attempt to obtain this information.   

The advocates and voters argue DOJ’s request threatens voter privacy and enables voter disenfranchisement. They are represented by attorneys from the American Civil Liberties Union Foundation.     

Voters joining the case include a naturalized citizen, Katie Ellena, who has an interest in this case because their background places them at heightened risk of DOJ targeting, a threat that extends to countless other Virginia voters.    

“Virginia’s privacy laws are in place for a reason—to protect people and their data,” said Suzanne Almeida, Common Cause Vice President of States. “Handing personal data over to the federal government would put voters at risk and could result in eligible voters being denied their right to participate in a major election year. Common Cause is fighting to protect the rights of Virginia voters and to prevent the potential misuse of their data.” 

“Federal overreach of this kind threatens voters’ privacy and their fundamental right to participate in our democracy,” said Ari Savitzky, senior staff attorney with the ACLU’s Voting Rights Project. “The Department of Justice is using the civil rights statutes as pretext to try to hoover up private voter data and use it for unlawful ends. Voters’ rights are at stake, and their voices must be heard.” 

“Voters in Virginia, and all voters, rightly expect the government to keep their personal information secure and only use it 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 Virginia and nationwide, and this case is one of many where we are stepping in to ensure those protections are upheld.”  

Common Cause previously filed a lawsuit in Nebraska to protect state voter data and has joined with the ACLU Voting Rights Project to protect sensitive voter information by moving to intervene in DOJ lawsuits against Arizona, Colorado, Connecticut, Georgia, Hawai’i, Maryland, Massachusetts, Minnesota, New Mexico, Pennsylvania, Rhode Island, Washington DC and Wisconsin to protect sensitive data in those states. 

To view the Virginia filing, click here.