Advocates ask to intervene in federal lawsuit over voter data

Charleston, W.Va. – Community advocates are asking a federal court to allow them to intervene in a lawsuit brought by the Trump administration against West Virginia for refusing to hand over sensitive data on voters in the state.

On Thursday, West Virginia Citizen Action Group (CAG) filed a motion to intervene as a defendant in the lawsuit brought by the Civil Rights Division of the U.S. Department of Justice against West Virginia. CAG, which represents thousands of voters across the state whose data may be compromised depending on the outcome of this litigation, is represented by attorneys from Campaign Legal Center, the Brennan Center for Justice at NYU Law, the American Civil Liberties Union, and the American Civil Liberties Union of West Virginia.

State elections officials have twice refused requests from the administration for private voter information such as dates of birth, addresses, driver’s license numbers and/or the last four digits of social security numbers. The DOJ lawsuit, which was filed in February, names West Virginia Secretary of State Kris Warner in his official capacity. West Virginia is one of 30 states and Washington D.C. being sued by the administration for not handing over their state’s voter file..

“Demands for West Virginians’ sensitive voter data are about far more than access to the data itself — they are part and parcel with the Trump administration’s dangerous and misguided attempts to assert authority over elections that it does not have,” said Renata O’Donnell, senior legal counsel for strategic litigation at Campaign Legal Center. “The Constitution clearly gives the power to regulate and administer elections to the states and Congress, not the executive branch — and that includes the Justice Department. Voters in West Virginia should trust that their sensitive data remains safeguarded, and Campaign Legal Center will continue to defend this right in court.”

CAG Deputy Director Julie Archer said: “CAG works to empower voters to have a voice in decisions affecting their futures, families, and communities. West Virginians may become more hesitant to engage in the political process out of fear that their data will be misused. The federal government has no valid basis or purpose for seizing West Virginia voters’ sensitive data, such as voters’ Social Security numbers, dates of birth and other personal identifiers. The DOJ’s investigation leans heavily on long-debunked conspiracy theories surrounding the 2020 election. These baseless claims are being used as justification to break the law and interfere with free and fair elections.”

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