In ‘tentative’ ruling, judge denies federal access to Oregon voter data

Federal attorneys argued that the Civil Rights Act of 1960 provides a legal justification for their lawsuit seeking access to Oregon unredacted voter-roll data, but a judge appeared to disagree after a day of courtroom arguments Wednesday, Jan. 14.

“My tentative decision is to grant the motion to dismiss” a lawsuit filed by the U.S. Department of Justice, U.S. District Judge Mustafa Kasubhai said a few minutes before 5 p.m.

He cited multiple concerns with the federal request as he appeared poised to grant a motion filed by Oregon state attorneys, stating a need to weigh privacy concerns among other considerations.

Kasubhai said his closing remarks were “a tentative draft,” and that “I reserve the right to change my mind.”

But “the fact I have taken the risk to articulate it openly in court and, on the record, also should suggest to you that I’ve made a thoughtful and deliberative decision,” Kasubhai said.

First in July and then in August, the federal Department of Justice submitted letters seeking voter-roll data to include personally identifiable information about all the state’s voters, including driver’s license numbers and address information.

In a Eugene courtroom Wednesday, an attorney representing Our Oregon, an economic and social justice advocacy group, noted that the federal Department of Justice has filed similar lawsuits seeking voter-roll data in 24 states and sent a larger number of letters demanding the data.

The administration of President Donald Trump has made frequent references to concerns about the integrity of elections, with Trump issuing an executive order last March setting forth significant changes to election rules. The executive order also stated the federal government would “assist States in determining whether individuals are eligible to register and vote.”

But Trump’s executive order has been blocked by a recent federal judge’s ruling in Washington after Oregon and Washington argued that Trump lacked the authority to enact such changes without the backing of Congress.

James Tucker, an attorney with the U.S. Department of Justice Civil Rights Division, argued in court Wednesday that federal authorities needed the data to see if Oregon is following a federal law requiring states to make a “reasonable effort” to remove ineligible voters from registration lists, specifically people who have died or moved away to a different state. 

Kasubhai, however, said two specific federal laws about states maintaining voter registration lists did not authorize federal officials to access comprehensive lists of states’ voter rolls.

Tucker argued that the language of the Civil Rights Act of 1960, enacted to combat what at the time was widespread voter suppression on the basis of race, provided authority for the federal government to ask for and be given the unredacted voter data.

But Senior Assistant Attorney General Thomas Castelli, with the state of Oregon, and an attorney representing Our Oregon, Branden Lewiston, argued for a more narrow interpretation of the Civil Rights Act of 1960.

Other organizations submitted friend-of-the-court briefs in the lawsuit, including the League of Women Voters of Oregon.

The day of arguments in U.S. District Court in Eugene began with close to 25 members of the nonpartisan group in attendance, including Mark Kendall, the organization’s president.

The League of Women Voters “is pleased that the court appropriately identified” the federal Department of Justice’s suit as ready for dismissal, Kendall said in a text message.

Oregon’s Attorney General Dan Rayfield, a Democrat, said in a statement Wednesday evening the hearing put “a spotlight on a real question: Why does the Trump administration want access to Oregonians’ most private voter information in the first place?

“Oregon can protect elections without putting people’s personal information at risk. We look forward to the Court’s final ruling,” Rayfield said.

This is a developing story and will be updated.