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

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

Democracy Awards Honor Bipartisan Excellence in Congressional Service
white concrete building under cloudy sky during daytime

Democracy Awards Honor Bipartisan Excellence in Congressional Service

Now in their ninth year, the Democracy Awards are the Congressional Management Foundation’s (CMF) flagship program recognizing excellence in non-legislative achievement on Capitol Hill. Founded in 1977, CMF is the premier bipartisan 501(c)(3) foundation dedicated to strengthening the First Branch by providing Members of Congress and their staff with hands-on, actionable support and essential resources that help them govern effectively, better serve constituents, and strengthen the institution. Across seven categories, these bipartisan awards honor Members of Congress and their staff for outstanding public service and contributions to strengthening the First Branch.

Each year, following an open self-nomination season, one Democratic office and one Republican office are recognized in each award category, along with four recipients of the Chief of Staff of the Year award. Applications for the 2026 season opened in late January, and throughout the spring, CMF conducted 47 interviews across 45 congressional offices from a pool of 154 applications. Winners were selected by an independent panel in May and will be honored at both a Winner’s luncheon in June and a formal ceremony in Washington, D.C. in July. Through this process, the Democracy Awards shine a light on the exceptional work taking place on Capitol Hill that too often goes unnoticed.

Keep ReadingShow less
The Iranian regime does not fear Trump

U.S. President Donald Trump speaks during a signing ceremony for the “Secure America Act” in the Oval Office of the White House in Washington, D.C., on June 10, 2026.

(Ken Cedeno/AFP via Getty Images/TCA)

The Iranian regime does not fear Trump

Back in 2012, President Barack Obama issued a statement at a press conference that would change his presidency and his legacy forever.

It was a year into what would become Syrian leader Bashar al-Assad’s brutal and protracted war on his own people, a war that would cost hundreds of thousands of lives, empower Iran and Russia, and destabilize much of the region.

Keep ReadingShow less
Welcome to Trump’s lame duck presidency

President Donald Trump speaks to the press in the Oval Office of the White House in Washington, D.C., on June 3, 2026.

(Mandel NGAN/AFP via Getty Images/TCA)

Welcome to Trump’s lame duck presidency

It's been a while since we saw a lame duck presidency — long enough in politics to maybe forget what one looks like.

In October 2014, President Barack Obama hit his lowest approval rating yet at 40%. The midterm elections were an absolute bloodbath for Democrats — Republicans expanded their majority in the House by 13 seats and took control of the Senate with a gain of nine seats.

Keep ReadingShow less
The White House's Lawn.

Construction continues on a venue for the upcoming UFC match on the South Lawn of the White House on June 1, 2026 in Washington, DC.

Andrew Harnik / Getty Images

Trump’s UFC Birthday Bash Dwarfs Flag Day’s Meaning and History

In the days between Memorial Day—when we as a nation mourn and honor U.S. Military Personnel who died while serving in the Armed Forces—and July 4—when this year we will celebrate 250 years of our Democracy—there will fall, on June 14, a holiday known as Flag Day.

Since 1777, when the Second Continental Congress designated June 14 to commemorate the adoption of the U.S. flag, Flag Day has become a nationally celebrated holiday. But this year it has been overshadowed by a “tremendous” occasion taking place on the same day.

Keep ReadingShow less