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SeriousDemocracy & Rule of LawSecond Term

Trump's DOJ Is Now 0-for-26 on Voter Roll Lawsuits, Losing Every Resolved Case for Access to States' Voter Rolls

What changedUpdated 3 times since Apr 17; latest Oct 17
  1. Sep 24UpdateOne more federal intervention belongs on this record, and it did not make the news because it never entered the case.
  2. Oct 7UpdateUtah is one of the states being sued, and one of eight of them with a Republican election chief, the Salt Lake Tribune reported.
  3. Oct 17UpdateProPublica's tally as of October 16: the department has filed 31 voter-data suits (30 states and the District of Columbia), and judges have ruled against it in all 26 that reached…

On April 17, 2026, U.S. District Judge Mary S. McElroy — a Trump appointee — dismissed the DOJ's lawsuit against Rhode Island demanding unredacted voter registration data including names, addresses, birthdates, partial Social Security numbers, and driver's license numbers. She called it a “fishing expedition” lacking legal foundation.

This is the DOJ's fifth consecutive loss in voter roll cases. Courts in California, Oregon, Michigan, Massachusetts, and now Rhode Island have all rejected the same legal theory — the DOJ invoking the Civil Rights Act of 1960, a law designed to combat racial discrimination, to demand personal voter data from states. Georgia was also dismissed on procedural grounds.

McElroy wrote the demand “lacks a legally sufficient basis” because it contained “no factual allegations suggesting that Rhode Island may be violating the list maintenance requirements.” She preemptively rejected DOJ remedies, saying the demand would “remain legally insufficient” even with added explanatory letters.

The DOJ has acknowledged its plan to share unredacted voter data with DHS for “citizenship verification” — effectively building a federal voter surveillance database. Of 30 total lawsuits (29 states plus D.C.), 25 remain pending. Twelve Republican-led states have voluntarily complied.

The pattern: using a civil rights law passed to protect Black voters as a tool to challenge the registration of voters the administration suspects are non-citizens — rejected by five courts, including one run by a Trump appointee.

The losses kept coming. On June 22, 2026, a federal judge in Maryland handed the DOJ its ninth straight defeat, ruling that states need not turn over the voter data the department demanded; five of the nine losses have now come from judges Trump appointed. An NBC News review found that, months before the midterms, the DOJ still cannot substantiate Trump's claims of widespread voter fraud: efforts to prosecute noncitizen voters have stalled for lack of evidence, even as the department, DHS, and intelligence staff stay focused on his grievances.

Update (September 24, 2026): one more federal intervention belongs on this record, and it did not make the news because it never entered the case. On June 11, 2026, the Justice Department's Civil Rights Division, under Assistant Attorney General Harmeet Dhillon and acting Voting Section chief Eric Neff, moved for leave to file a statement of interest supporting Ohio's documentary proof-of-citizenship requirement in Red Wine and Blue v. LaRose, grounding its participation in Executive Order 14248. Judge Solomon Oliver denied leave on June 16 as duplicative and untimely, so the department's argument was never filed. The state litigated on and won a stay from the Sixth Circuit on September 24 that lets the requirement operate for the midterms, on standing, mootness and timing grounds rather than on the merits. The federal government was not a party to that appeal.

Update (October 7, 2026): Utah is one of the states being sued, and one of eight of them with a Republican election chief, the Salt Lake Tribune reported. According to the department's complaint, the Attorney General asked on July 15, 2025 for Utah's full voter list; on July 31 Lt. Gov. Deidre Henderson “offered only the publicly available redacted version”; and on August 14 the department demanded an unredacted copy. Utah's public list leaves out Social Security numbers and the names of voters whose information is legally withheld, such as law enforcement officers and domestic violence victims. The department sued on February 26, 2026, in United States v. Henderson, No. 2:26-cv-00166 (D. Utah), alongside suits against Oklahoma, Kentucky, West Virginia and New Jersey. Henderson moved to dismiss in March; there has been no ruling. In May, Utah's own audit confirmed the citizenship of 99.72% of registered voters and found 27 confirmed noncitizens, all of whom came forward and asked to be removed, KSL reported. “That is not a narrative, unfortunately, that the federal government wanted to hear,” Henderson told Utah News Dispatch. Gov. Spencer Cox, a Republican, said, “It is wrong for the DOJ to investigate or threaten the lieutenant governor for carrying out her responsibilities under Utah law” (see The Justice Department Warned Election Officials in All 50 States They Could Be Prosecuted, Then Told Utah's Republican Election Chief She Is 'Under Investigation').

Update (October 17, 2026): ProPublica's tally as of October 16: the department has filed 31 voter-data suits (30 states and the District of Columbia), and judges have ruled against it in all 26 that reached a final ruling; four are pending and one state settled. The 26 judges include eight Trump appointees. West Virginia Judge Thomas Johnston, a George W. Bush appointee, wrote, “Clearly, this demand is devoid of any factual basis.”


  • 01By April 2026 the DOJ was 0-for-5 in voter roll cases (0-for-21 by September) — California, Oregon, Michigan, Massachusetts, Rhode Island
  • 02DOJ using the Civil Rights Act of 1960 — designed to protect Black voters — to demand voter data
  • 03McElroy: demand 'lacks a legally sufficient basis' — preemptively rejected remedies
  • 04DOJ plan: share unredacted voter data with DHS for 'citizenship verification'
  • 0530 total lawsuits filed (29 states + DC) — 25 still pending
  • 0612 Republican-led states voluntarily complied — 5 blue states won in court
  • 07Data demanded: names, addresses, birthdates, partial SSNs, driver's license numbers
  • 08May 21, 2026: the DOJ lost two more, in Maine and Wisconsin, bringing its record to 0-for-8 of 31 lawsuits seeking voter data
  • 09Maine: Judge Lance Walker (a Trump appointee) ruled voter-list maintenance is outside the scope of Title III of the Civil Rights Act, and noted an executive order contradicted DOJ assurances that no national database was being created
  • 10Wisconsin: Judge James Peterson (an Obama appointee) ruled statewide voter-registration lists are not records subject to the Civil Rights Act; 'The government's arguments to the contrary are not persuasive'
  • 11Walker: investigatory purposes under Title III do not include voter-list maintenance, so 'voter list maintenance is not among them'
  • 12Of the eight judges who have ruled against the administration, Trump appointed four of them
  • 13June 22, 2026: a Maryland federal judge handed the DOJ its ninth straight voter-data loss; five of the nine losses have come from Trump-appointed judges
  • 14July 29, 2026: a federal judge rejected the DOJ's bid for New Jersey's unredacted voter rolls, bringing the department's record to 0-for-18 in voter-data cases
  • 15August 3, 2026: U.S. District Judge Philip Brimmer (a George W. Bush appointee) dismissed the DOJ's suit for Colorado's voter rolls with prejudice, the department's 20th straight loss; the 19th was a dismissal in Illinois
  • 16Brimmer found the DOJ 'did not provide a sufficient reason for needing the state's rolls, or a valid purpose for obtaining them, as required by law'
  • 17Of the 20 losses, 12 came from judges appointed by Republican presidents, 8 of them by Trump; the DOJ has also lost the only appellate ruling so far, at the 6th Circuit in Michigan
  • 18At a Washington State hearing on the same issue, Judge Kymberly Evanson said, 'By my count, this is the twentieth court to address this exact issue'
  • 19August 6-7, 2026: the record reached 0-for-21 when U.S. District Judge Randolph Moss (an Obama appointee) ruled the DOJ lacked legal authority to obtain the District of Columbia's full voter list
  • 20Moss: 'If the Department disagrees with Congress's judgment as to the records necessary to carry out its enforcement duties ... it needs to lodge that objection with Congress'
  • 21A Washington State case argued August 4 remained undecided; a loss there would be the 22nd. The DOJ has sued 30 states plus D.C., losing every resolved case, and has appealed 16, with the 6th Circuit already rejecting one (Michigan)
  • 22On June 11, 2026 the DOJ Civil Rights Division sought leave to file a statement of interest supporting Ohio's proof-of-citizenship requirement, citing Executive Order 14248
  • 23Judge Solomon Oliver denied leave on June 16, 2026 as duplicative and untimely, so the filing never entered the record
  • 24United States v. Henderson, No. 2:26-cv-00166 (D. Utah), filed Feb. 26, 2026; Utah offered its public list and refused the unredacted one; no ruling yet
  • 25Utah's May 2026 audit: 27 confirmed noncitizens among registrants, 99.72% of voters' citizenship confirmed


Verified across 22 sources — court documents, investigations, news reports
—News Reports
Democracy Docket: Trump DOJ Loses Again, 0-for-5 on Voter Roll Cases (April 17, 2026)→PBS NewsHour: Federal Judge Dismisses DOJ Lawsuit Seeking RI Voter Details (April 17, 2026)→Washington Times: Trump's DOJ Loses Another Voter List Case (right-leaning, April 17, 2026)→Newsweek: Trump-Appointed Judge Dismisses DOJ Bid for Voter Records (April 2026)→Democracy Docket: Trump DOJ loses in Maine, Wisconsin as courts rebuff demand for voter rolls (May 21, 2026)→NBC News: Trump's DOJ struggles to show evidence of widespread voter fraud (June 2026)→Democracy Docket: Trump DOJ loses bid for New Jersey voter rolls, now 0 for 18 (July 29, 2026)→Politico (via Yahoo): Federal judge rejects DOJ attempt to obtain unredacted NJ voter rolls (July 29, 2026)→Democracy Docket: Trump DOJ now 0 for 20 after judge dismisses Colorado voter roll lawsuit 'with prejudice' (August 4, 2026)→The New Republic: Trump Suffers 20th Straight Loss in Pathetic 'Voter Fraud' Crusade (August 4, 2026)→Reuters (via AOL): Analysis: Trump loses 21 straight court battles for state voter rolls as midterms near (August 7, 2026)→Democracy Docket: After 20 straight losses, Trump DOJ struggles to defend demand for Washington state voter rolls (August 4, 2026)→Salt Lake Tribune: Trump's DOJ sues Lt. Gov. Henderson, demanding she turn over Utahns' private voter records→Utah News Dispatch: Trump's Department of Justice sues Utah to force it to hand over sensitive voter information→KSL: New audit finds 'small handful' of noncitizens on Utah voter rolls→Utah News Dispatch: Utah's top election chief says Trump admin's 'gamesmanship' with voting keeps her up at night→