DOJ sues Washington Secretary of State over access to full voter registration list

The U.S. Department of Justice filed a lawsuit Tuesday alleging Washington Secretary of State Steve Hobbs violated federal law by refusing to turn over statewide voter registration records requested under the Civil Rights Act of 1960, according to court documents.

Federal attorneys said the request was part of an ongoing review of how Washington maintains its voter rolls under the National Voter Registration Act (NVRA) and the Help America Vote Act (HAVA).

The DOJ argues that federal law gives the Attorney General broad authority to access election-related documents, including voter registration lists containing full identifying information such as dates of birth and portions of Social Security numbers.

What prompted the federal demand

According to the complaint, the DOJ sent Hobbs a letter on Sept. 8 asking for a current electronic copy of Washington’s statewide voter registration list.

The request included all fields collected under federal law — full names, addresses, dates of birth, driver’s license numbers, and the last four digits of Social Security numbers — as well as voter registration application records from the previous 22 months.

The department said the request stemmed from Washington’s reported data in the U.S. Election Assistance Commission’s 2024 Election Administration and Voting Survey.

After reviewing the report, officials sought additional information to evaluate whether the state is properly removing ineligible voters and using accurate methods to identify duplicates and verify registrants.

HAVA requires that states assign a unique identifier to each registered voter and verify identification numbers during registration.

DOJ attorneys said they cannot evaluate Washington’s compliance without the unredacted list.

Why the state refused

Hobbs rejected the request in a Sept. 23 letter, saying Washington law bars the release of certain personal information, including birthdates and partial Social Security or driver’s license numbers.

He argued that those restrictions apply even when the federal government requests the documents.

The DOJ countered that state public disclosure laws do not apply to federal investigations, noting that Title III of the Civil Rights Act specifically overrides conflicting statutes.

Federal lawyers also pointed out that HAVA explicitly states the last four digits of a Social Security number are not considered a “Social Security number” under the Privacy Act, and that federal law allows the government access to driver’s license data for enforcement purposes.

What the lawsuit seeks

The DOJ is asking a federal judge to order Hobbs to produce the entire voter database, unredacted, within five days of the court’s order.

The federal attorneys want the list delivered through a secure encrypted portal as outlined in their demand letter.

Prosecutors emphasized that the Civil Rights Act requires a “summary proceeding,” limiting the court’s review to only two questions: whether the Attorney General made a written demand and whether the custodian of records refused to comply.

According to the filing, the court is not permitted to evaluate the DOJ’s investigative reasons or modify the scope of the requested records.

What happens next

If the court grants the DOJ’s motion, Washington would be required to hand over the full statewide voter list, including protected personal information, for federal inspection, copying, and analysis.

The lawsuit does not allege wrongdoing in Washington’s voting system but focuses on the state’s refusal to provide the data required for the compliance review.

In a response to KIRO 7 News, Charlie Boisner with the Office of the Secretary of State said:

“Our only knowledge of this lawsuit is through media requests and your initial reporting. I’d recommend asking the Department of Justice how they intended to notify us and if they’re taking similar actions against other Secretaries of State, both Republican and Democrat alike, who are also protecting the private information of their voters. While we wait to be officially receive a service of process, we eagerly await Ms. Dhillon’s response to our Sep. 23 questions on how she intends to use the requested information.”

KIRO 7 News has reached out to the Department of Justice for a response.

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