Judge Dismisses DOJ Lawsuit Seeking W.Va. Voter Data

A U.S. Department of Justice (DOJ) lawsuit seeking personal information from West Virginia’s voter registration lists has been dismissed.  

U.S. District Judge Thomas Johnston, in Charleston, dismissed the case Monday, saying – in part – that the DOJ failed to provide a factual basis for its demand.  

The DOJ filed suit against West Virginia and several other states in February for not providing their full voter registration lists after two formal requests. The data includes telephone numbers, email addresses, driver’s license and social security numbers of every registered voter in the state. 

Earlier this month the DOJ sent Secretary of State Kris Warner and chief election officers in other states a letter notifying them of federal laws applicable to state and local election officials “to ensure free, fair, and transparent elections.”  

The letter specifies that officials must ensure only U.S. citizens vote and warns that the DOJ is authorized to prosecute criminal violations of such laws.   

Warner says he’s confident that voter rolls have been vigorously updated in recent years. 

“More than half of the state’s entire voter list has been updated within the last decade, and the Department of Justice, they don’t have the personnel to do voter roll cleanup any better than the state,” Warner said. 

He said his office shares the DOJ’s commitment to enforcing federal voter registration list maintenance requirements and to ensuring that only eligible voters remain on the rolls. 

“Our disagreement has never been with that goal, but with the means sought in this instance, which would have required the disclosure of sensitive personal information in a manner prohibited by West Virginia law,” Warner said. 

A dozen similar lawsuits in other states have also been dismissed.