A federal appeals court has denied a request from the Department of Justice to rehear its dismissed lawsuit seeking Michigan’s full, unredacted electronic voter rolls, state officials announced Monday.
The Sixth Circuit Court of Appeals turned down the DOJ’s petition for an en banc rehearing, in which the agency asked the full bench of judges to review a decision previously handed down by a standard three-judge appellate panel.
That earlier ruling upheld a decision by the U.S. District Court for the Western District of Michigan dismissing the federal government’s suit.
The lawsuit sought access to the state’s electronic voter file without redactions. Michigan Attorney General Dana Nessel filed the initial motion to dismiss on behalf of the state and the Michigan Department of State, arguing the disclosure would improperly release sensitive resident data, including Social Security numbers, driver’s license and state ID numbers, and full dates of birth.
In its legal filings, the DOJ argued that the Civil Rights Act of 1960 granted it access to the complete electronic voter files. Both the federal district court and the Sixth Circuit rejected that claim, ruling that the state’s electronic qualified voter file does not constitute a paper or record required to be disclosed under the 1960 statute.
State officials welcomed the appellate court’s refusal to reopen the case.
“Courts have made it clear that the federal government does not have the right to demand the personal data of millions of Michigan voters, and I am relieved the Sixth Circuit stood by its decision,” Nessel said in a statement. “My office will not stand by while the Trump administration desperately tries to intimidate voters from making their voices heard in the upcoming election, and we will continue to defend the people of Michigan from efforts that compromise their privacy.”
Michigan Secretary of State Jocelyn Benson also noted that the decision marked the third federal ruling in the state’s favor regarding the records.
“When the federal government tried to overstep their authority and demanded the sensitive personal information of Michigan’s voters, I said no – and I’ll see you in court,” Benson said. “Now for the third time, a federal court has ruled in our favor, blocking the DOJ from violating the rights and privacy of Michigan citizens. We will not give in to this administration’s threats, intimidation, or abuse of power in this case or in any future attacks on the state’s clear Constitutional role to oversee and administer elections.”
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