DOJ Loses 26th Voter-Data Battle as Utah Judge Dismisses Suit

The Department of Justice has suffered its 26th loss in voter-roll litigation. District Judge David Barlow dismissed the agency's case against Utah Lieutenant Governor Deidre Henderson on Friday. This ruling arrives days before the midterm elections. The dismissal concludes a dispute over whether the state must hand over a complete list of registered voters.

The Justice Department sought to compel Henderson, a Republican and the state's top election official, to surrender specific data. The request included names, birthdays, addresses, and 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 upon request. The administration claimed this legal framework mandates the release of the statewide database used for voter-list maintenance.

Barlow rejected that interpretation. He cited a prior Sixth Circuit Court of Appeals decision which stated that an ordinary person would not say an official has come into possession of data they created, established, and maintained. The judge wrote that courts have no authority to elevate vague invocations of statutory purpose over the specific words Congress chose. This reasoning overturned the DOJ's argument that the law served as a general enforcement tool for federal election laws.

A DOJ spokeswoman noted that the only appellate court to review the issue has split on largely partisan grounds. She stated that five judges in the Sixth Circuit signed dissents from the denial of en banc review. The department plans to appeal the decision. The dismissal came with prejudice, preventing the agency from simply refiling the same claim against Henderson in the lower court.

Henderson responded to the ruling on the social media platform Threads. She wrote that her office appreciates the decision and will continue to safeguard the fundamental right to free, fair, and secure elections. The lieutenant governor described the data as private information belonging to every Utah voter. The White House did not respond to a request for comment on Monday.

The Trump administration appointed Barlow to the federal bench in 2019. Prior to his nomination, he worked as a Republican congressional lawyer, a federal prosecutor, and a private attorney. The department still has three pending cases regarding voter rolls in Hawaii, Idaho, and Delaware. It is also appealing losses in California and Oregon. While the administration has charged individuals with illegal voting, it has not yet uncovered evidence of widespread fraud.

The legal battle reflects a broader strategy to address alleged voting irregularities before the November elections. The DOJ's defeat in Utah adds to a growing list of judicial setbacks in this area. The next step in the Utah matter lies with the higher court where the appeal will be heard.