Litigation
U.S. v. Wisconsin Elections Commission
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Common Cause filed a motion to intervene in a lawsuit brought by the Department of Justice against Wisconsin that demands it hand over its non-public voter file. A district court has granted our motion, meaning Common Cause is now party to the lawsuit, and we are seeking its dismissal.
Common Cause Granted Motion to Intervene in Wisconsin Voter Data Case
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.
Wisconsin Election Officials Resist Federal Pressure for Non-Public Data
Most of these states, including Wisconsin, have resisted pressure from the DOJ to hand over voter data. The state’s election officials have refused to comply. 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 Wisconsin was granted.
What’s next in this case?
Moving forward, the State of Wisconsin, 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.
And given 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.
F.A.Q.
Why is Wisconsin refusing to hand over its voter files to the DOJ?
Wisconsin election officials argue that under state and federal law, the authority to maintain and protect voter files rests with the state, not the federal government. They contend that the DOJ’s demand for sensitive information—such as driver’s license and partial Social Security numbers—violates voter privacy and lacks legal justification.
What sensitive information is included in the Wisconsin voter file?
The non-public voter files at the center of the lawsuit contain highly personal data, including full names, residential addresses, dates of birth, driver’s license numbers, and partial Social Security numbers. Common Cause and state officials warn that centralizing this data in a federal database creates significant security and privacy risks for Wisconsin citizens.
How could a federal "Master Voter File" impact the 2026 midterm elections?
Experts warn that a centralized national voter database could be used to conduct targeted voter purges. By analyzing data based on age, gender, and location, the federal government could remove eligible voters from the rolls to gain a partisan advantage, threatening the integrity of the 2026 midterm elections.
How does DOJ and DHS information sharing affect Wisconsin voters?
The DOJ has acknowledged sharing state voter data with the Department of Homeland Security (DHS). This cooperation is a major concern for advocacy groups because it can create a “chilling effect” among immigrant communities and communities of color, potentially intimidating eligible Wisconsin residents and discouraging them from registering to vote.
