Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Trump’s Plan to Gather Data on Every Voter Will Cripple Democracy

Opinion

Trump’s Plan to Gather Data on Every Voter Will Cripple Democracy
a hand holding a red button that says i vote
Photo by Parker Johnson on Unsplash

On January 8, Texas turned over to the Justice Department a treasure trove of information about every voter in the Lone Star state. Names, addresses, voters’ party registrations, whether they had ever cast a preliminary ballot, and more, all of it to be provided in response to the Trump administration’s unprecedented demand for data on voters everywhere.

For a state that has long prided itself on its fierce independence and resistance to federal overreach, one might have expected it to put up a fight. But here, as in many other areas, partisan loyalty displaced state pride.


Officials in other states have already complied with the administration’s request.

As an article in Texas Monthly explains, “The Justice Department last fall began asking all 50 states for their voter rolls — massive lists containing significant identifying information on every registered voter in each state — and other election-related data.” It claimed that “the effort is central to its mission of enforcing election law requiring states to regularly maintain voter lists by searching for and removing ineligible voters.”

“Ineligible voters,” where have we heard that before? How would a search for ineligible voters be helped by gathering information about which party voters are affiliated with?

Asking for that information suggests that something else may be motivating the administration’s massive data mining effort. In the run-up to the 2026 elections, it may help it to precisely target Democratic voters and accuse them of election fraud or Democratic states for accusations of election irregularities.

But the plan doesn’t stop there. The Justice Department intends to share the data it gets with the Department of Homeland Security.

DHS will use it as part of its aggressive citizenship verification efforts. In addition, the department argues that “This collaboration with the DOJ will lawfully and critically enable DHS to prevent illegal aliens from corrupting our republic’s democratic process and further ensure the integrity of our elections nationwide.”

“Elections,” it insists, “exist for the American people to choose their leaders, not illegal aliens.”

All this effort would seem to be an example of a solution in search of a problem. Election fraud and non-citizen voting are not serious problems in terms of the conduct and integrity of American elections

The Brookings Institution rightly observes that election fraud is “minuscule.” Over the last twenty-five years, during which thirty-six elections were held, thirty-six cases of fraud were reported.

“The percentage of fraudulent,” it says, “was .0000845%, and no election outcome was altered by ballot fraud throughout that time period.” Noncitizen voting is equally rare. In the 2016 election prevalence of noncitizen voting was 0.0001% of the votes cast.

So, the administration’s desire to gather information to police those problems is a pretext for pursuing its political and electoral aims.

None of this is good for democracy. And states should not follow Texas's example by turning over the information the administration is seeking, as some have already done.

In response to such resistance, the administration is suing twenty-three states (Arizona, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Maine, Maryland, Michigan, Massachusetts, Minnesota, Nevada, New Hampshire, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin) and the District of Columbia. It is seeking “unredacted copies of their voter rolls.”

The unredacted lists include “sensitive personal information, such as driver’s license and partial Social Security numbers.” Stateline’s Jonathan Shorman points out that “The administration’s lawsuits mostly target Democratic states, where election officials refused initial requests for voter data and allege the demand is unlawful….”

States have responded to the department’s lawsuits by pointing out that they are bound by existing privacy laws that prohibit them from providing the information the department seeks. They have offered to provide “publicly available versions that do not include more sensitive information.”

The administration argues that “the Attorney General is uniquely charged by Congress with the enforcement of the National Voter Registration Act (NVRA) and the Help America Vote Act (HAVA), which were designed by Congress to ensure that states have proper and effective voter registration and voter list maintenance programs.”

“The Attorney General,” it continues, “also has the Civil Rights Act of 1960 (CRA) at her disposal to demand the production, inspection, and analysis of the statewide voter registration lists.”

While the lawsuits go on, the Department of Justice has sent “a confidential draft agreement to more than a dozen states that would require election officials to remove any alleged ineligible voters identified during a federal review of their voter rolls.”

According to the terms of that agreement, “After a state provides its voter roll, the federal department would agree to test, analyze, and assess the information. The department would then notify states of ‘any voter list maintenance issues, insufficiencies, inadequacies, deficiencies, anomalies, or concerns’…” States would remove ineligible voters, then share their voter data with the Department of Justice again.

The Democratic National Committee contends that any such agreement would be illegal.

Whatever the mechanism, what the Department of Justice is asking for would turn the Constitution, which assigns responsibility for administering elections, on its head. It would represent a dramatic undoing of our federal system.

That system offers a valuable safeguard against just the kind of election interference that the Trump Administration may be planning. As Matt Crane, executive director of the Colorado County Clerks Association, puts it, “The federal government has no role in list maintenance.”

In systems of what political scientists call “electoral authoritarianism,” elections are held. However, if the regime has its way, they are neither free nor fair

The government holds elections to legitimize its rule. At the same time, it uses various devices to ensure that they turn out right.

The president showed his hand in this regard in March when he signed an Executive Order asserting that the United States “now fails to enforce basic and necessary election protections employed by modern, developed nations…” It claimed, with no evidence of proof, that “States fail adequately to vet voters’ citizenship, and, in recent years, the Department of Justice has failed to prioritize and devote sufficient resources for enforcement of these provisions. Even worse, the prior administration actively prevented States from removing aliens from their voter lists.”

And it mandated, among other things, “documentary proof of United States citizenship….” From each voter, and “proof of eligibility to vote in elections in the State in which the voter is attempting to vote.”

Since then, President Trump has not been subtle in trying to change election rules. He “pressured Texas to pass a mid-decade redistricting plan last month that would add five more Republican seats in the US House.” He also wants to “get rid of MAIL-IN BALLOTS” and “Seriously Controversial VOTING MACHINES.”

Add to that the Justice Department’s ongoing effort to collect data on voters, and you get a sense of the dimensions of the threat posed to American democracy. Officials in Texas may not be disturbed by it, but officials and citizens in other places should be and should take action to protect our elections.

Austin Sarat is the William Nelson Cromwell professor of jurisprudence and political science at Amherst College.


Read More

Zohran Mamdani’s call for warm ‘collectivism’ is dead on arrival

New York City Mayor Zohran Mamdani and his wife Rama Duwaji wave after his ceremonial inauguration as mayor at City Hall on Jan. 1, 2026, in New York.

(Spencer Platt/Getty Images/TNS)

Zohran Mamdani’s call for warm ‘collectivism’ is dead on arrival

The day before the Trump administration captured and extradited Venezuelan dictator Nicolás Maduro, many on the right (including yours truly) had a field day mocking something the newly minted mayor of New York City, Zohran Mamdani, said during his inaugural address.

The proud member of the Democratic Socialists of America proclaimed: “We will replace the frigidity of rugged individualism with the warmth of collectivism.”

Keep Reading Show less
The Lie of “Safe” State Violence in America: Montgomery Then, Minneapolis Now

Police tape surrounds a vehicle suspected to be involved in a shooting by an ICE agent during federal law enforcement operations on January 07, 2026 in Minneapolis, Minnesota.

(Photo by Stephen Maturen/Getty Images)

The Lie of “Safe” State Violence in America: Montgomery Then, Minneapolis Now

Once again, the nation watched in horror as a 37-year-old woman was shot and killed by an ICE agent in Minneapolis. The incident was caught on video. Neighbors saw it happen, their disbelief clear. The story has been widely reported, but hearing it again does not make it any less violent. Video suggest, there was a confrontation. The woman tried to drive away. An agent stepped in front of her car. Multiple shots went through the windshield. Witnesses told reporters that a physician at the scene attempted to provide aid but was prevented from approaching the vehicle, a claim that federal authorities have not publicly addressed. That fact, if accurate, should trouble us most.

What happened on that street was more than just a tragic mistake. It was a moral challenge to our society, asking for more than just shock or sadness. This moment makes us ask: what kind of nation have we created, and what violence have we come to see as normal? We need to admit our shared responsibility, knowing that our daily choices and silence help create a culture where this violence is accepted. Including ourselves in this 'we' makes us care more deeply and pushes us to act, not just reflect.

Keep Reading Show less
Washington Loves Blaming Latin America for Drugs — While Ignoring the American Appetite That Fuels the Trade
Screenshot from a video moments before US forces struck a boat in international waters off Venezuela, September 2.
Screenshot from a video moments before US forces struck a boat in international waters off Venezuela, September 2.

Washington Loves Blaming Latin America for Drugs — While Ignoring the American Appetite That Fuels the Trade

For decades, the United States has perfected a familiar political ritual: condemn Latin American governments for the flow of narcotics northward, demand crackdowns, and frame the crisis as something done to America rather than something America helps create. It is a narrative that travels well in press conferences and campaign rallies. It is also a distortion — one that obscures the central truth of the hemispheric drug trade: the U.S. market exists because Americans keep buying.

Yet Washington continues to treat Latin America as the culprit rather than the supplier responding to a demand created on U.S. soil. The result is a policy posture that is both ineffective and deeply hypocritical.

Keep Reading Show less
The Failure of the International Community to Confront Trump

U.S. President Donald Trump at the White House on January 4, 2026, in Washington, D.C.

(Photo by Alex Wong/Getty Images)

The Failure of the International Community to Confront Trump

Donald Trump has just done one of the most audacious acts of his presidency: sending a military squad to Venezuela and kidnapping President Nicolas Maduro and his wife. Without question, this is a clear violation of international law regarding the sovereignty of nations.

The U.S. was not at war with Venezuela, nor has Trump/Congress declared war. There is absolutely no justification under international law for this action. Regardless of whether Maduro was involved in drug trafficking that impacted the United States, there is no justification for kidnapping him, the President of another country.

Keep Reading Show less