Utah Election Chief Keeps Voter Data From Justice Department

U.S. District Judge David Barlow dismissed the Justice Department's lawsuit against Utah Lt. Gov. Deidre Henderson on Friday. The ruling bars the federal government from accessing a comprehensive list of Utah voters, ending the administration's current legal push in that state.

The Justice Department had sued Henderson, the state’s top election official and a Republican, to obtain a full voter database. The records sought included voter names, birth dates, and addresses, along with driver's license numbers or the last four digits of Social Security numbers. Federal lawyers argued that the Civil Rights Act of 1960 requires officials to make voting records available for federal inspection if they come into their possession.

Barlow rejected that interpretation, citing a Sixth Circuit Court of Appeals decision. He noted that an ordinary English speaker would not say a state official has come into possession of data she created, established, and maintained. The judge wrote that judges have no warrant to elevate vague invocations of statutory purpose over the words Congress chose. He dismissed the complaint with prejudice, preventing the Justice Department from refiling the same claim.

This is the 26th voter-roll litigation defeat for the Trump administration since it began its campaign to address alleged illegal voting. A Justice Department spokeswoman said the agency would appeal the decision. She noted that the only appellate court to review the issue so far split on largely partisan grounds, with five judges signing powerful dissents from the denial of en banc review.

Henderson welcomed the decision in a post on the social media platform Threads. She stated that her office will continue to uphold the rule of law and safeguard the right to free and secure elections for Utah residents. The White House did not respond to a request for comment on Monday.

The administration still has three pending voter-roll cases in Hawaii, Idaho, and Delaware. It is also appealing losses in California and Oregon. Barlow was appointed by President Trump in 2019. Before joining the federal bench, he worked as a Republican congressional lawyer, a federal prosecutor, and a private attorney.

The ruling arrives days before the midterm elections. The Justice Department has charged several individuals with illegal voting but has not uncovered evidence of widespread voter fraud. The dismissal closes the chapter on the federal government's attempt to extract specific biographical data from Utah's election office.