A federal judge has dismissed a U.S. Department of Justice lawsuit against Georgia Secretary of State Brad Raffensperger Friday, placing another roadblock in the path of the Trump administration’s ongoing efforts to obtain sensitive voter information from states across the U.S.
Read the judge’s full ruling here
Georgia is now one of at least three states in which federal judges have dismissed lawsuits seeking sensitive voter information.
The lawsuit was filed in December, with the Department of Justice arguing that Georgia’s unredacted voter registration list was needed as part of an ongoing investigation into “Georgia’s compliance with federal election law.” During the second day of budget hearings at the state Capitol, Secretary of State Brad Raffensperger appeared before lawmakers to discuss Gov. Brian Kemp’s proposed budget for his office. Ross Williams/Georgia Recorder
Earlier this week, attorneys for the secretary of state’s office filed a motion requesting that Georgia’s case be dismissed, arguing that the Justice Department had exceeded its authority in requesting the records, that it lacked the jurisdiction to sue and that the Macon-based court in which the case was filed was the wrong venue.
In Friday’s ruling, Judge C. Ashley Royal sided with the secretary of state, writing in his order that the Macon-based court lacked jurisdiction over the case “because the Attorney General’s demand was not made, and the demanded records are not located, in the Middle District of Georgia.”
Raffensperger had previously sent Justice Department officials some of the state’s voter registration data, but he argued that state law prohibited his office from divulging the Social Security numbers, full dates of birth and driver’s license numbers of Georgia residents. He also maintained that stance in the face of an escalating pressure campaign from some state lawmakers and members of Georgia’s State Election Board urging him to turn over the data.
In a statement following the case’s dismissal, Raffensperger, a Republican who is running for Georgia governor, said he is committed to protecting voters’ personal information.
“I will always follow the law and follow the Constitution,” he said in a statement. “I refuse to violate the oath I took to stand up for the people of this state, regardless of who or what compels me to do otherwise.”
The ACLU of Georgia, which was representing nonprofit government watchdog group Common Cause Georgia in their motion to intervene, also celebrated the judge’s ruling.
“We’re relieved that the court has stopped the Trump administration’s current attempt to access Georgia voters’ private information, and we hope this illegal effort will now end,” said ACLU of Georgia Legal Director Cory Isaacson. “Georgians are entitled to confidentiality in their personal data and to trust in the voting process, and we will fight to protect those rights if threatened again.”
The U.S. Department of Justice attorney on the case did not immediately respond to a request for comment, or to questions about whether the Justice Department plans to re-file their complaint in the Northern District of Georgia.
Georgia is among at least 44 states who have received requests from the Justice Department for their complete voter data, according to the Brennan Center for Justice, which is tracking the requests. It is also among the 24 states that the Brennan Center says are currently facing lawsuits for refusing to turn over all the requested data, which includes voters’ names, dates of birth, residential addresses, driver’s license numbers and partial Social Security numbers.
In September, the Trump administration confirmed that the Department of Justice is also sharing state voter roll information with the Department of Homeland Security in a search for noncitizens.
Georgia Recorder is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity.
