 We just filed a lawsuit to block the Trump administration's illegal effort to interfere in the 2026 midterms by compiling Americans' sensitive data to pick and choose who gets to vote. CREW, alongside Protect Democracy and on behalf of EPIC, is taking legal action to stop this unconstitutional overreach and defend our democracy. Before we explain exactly what the administration is doing, we need to be clear: this is not going to be an easy fight.
Here’s what’s happening: On March 31, the White House issued its second executive order on elections, which directed the Department of Homeland Security, Social Security Administration and the State Department to create “State Citizenship Lists” of “confirmed” citizens in all 50 states who live in those states and are entitled to vote in federal elections. The federal government is attempting to centralize sensitive information—including Social Security numbers, addresses, and citizenship data—that is currently held separately by different agencies for security and privacy reasons. As directed by the executive order and a subsequent memo from DHS, states will have just 60 days to cross-reference their voter rolls with the new federal State Citizenship Lists. Presumably to purge or withhold ballots from voters suspected of being “ineligible” to vote. But there’s a major problem: the administration itself has admitted these lists will contain widespread inaccuracies that could result in eligible voters being wrongly flagged or removed from state voter rolls just weeks before Election Day. In fact, states that have already used this data have reported widespread errors and voter disenfranchisement and warned that there is “no way those lists are accurate.” And rather than addressing those problems, the administration is threatening to investigate and prosecute states and election officials who “issue Federal ballots to individuals not eligible to vote.” But there’s another serious problem here too. By consolidating Americans’ sensitive personal information into a single federal system, the administration is creating exactly the kind of centralized personal data repository that federal privacy law was designed to prevent. Mark, we’ll share the facts: the Constitution entrusts the states—not the federal government—with administering elections and states alone have the authority to determine voter eligibility. This is a blatant attempt to seize control of sensitive voter data, pressure states into using error-prone federal citizenship lists and interfere with how states administer their own elections. This isn’t just a threat to voting rights. It’s a threat to privacy rights—and a transparent attempt to create chaos and confusion ahead of the midterms. |
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