By Veronica Schmidt.
On July 28, 2025, the Department of Justice (“DOJ”) sent Arizona Secretary of State Adrian Fontes a request for a statewide voter registration list, including “all [data] fields.” Unredacted, the list contains Arizona voters’ full names, dates of birth, addresses, driver’s license numbers, and partial Social Security numbers—raising serious voter privacy concerns if they are turned over. At least forty-seven states and Washington, D.C., have received similar requests since May 2025.
The DOJ stated that “[t]he purpose of the request is to ascertain Arizona’s compliance with the list maintenance requirements” but failed to cite any specific concerns regarding Arizona’s compliance. The DOJ further asserted its authority to request records related to voter registration under the Civil Rights Act of 1960 (“CRA”). Secretary Fontes refused the request on multiple grounds. However, many remain concerned about the potential for voter disenfranchisement.
Election Law
The National Voter Registration Act (“NVRA”) requires each state to “conduct a general program that makes a reasonable effort to remove the names of ineligible voters from the official lists of eligible voters by reason of the death of the registrant” or “a change in the residence of the registrant.” Similarly, the Help America Vote Act (“HAVA”) requires each state to “ensure that voter registration records in the state are accurate and updated regularly.” Both laws are intended to safeguard the integrity of elections.
The DOJ asserts that it needs states’ voter registration lists in order to determine whether each state has maintained accurate voter rolls in compliance with the NVRA and HAVA. The DOJ argues that it has the authority to request these lists under § 303 of the CRA, which states any record related to voter registration must be made available “upon demand in writing by the Attorney General.”
Secretary Fontes’s Refusal
Secretary Fontes cited several reasons for noncompliance in a response letter sent on August 29, 2025. Fontes explained that Arizona privacy law prohibits any state office from releasing Arizona voters’ sensitive personal data. He further noted that the DOJ failed to explain how the CRA preempts Arizona privacy law and highlighted the DOJ’s failure to demonstrate its compliance with the Privacy Act of 1974. The letter concludes by explaining that even if Fontes’ office released the voter registration list, the data would be insufficient to show evidence of Arizona’s compliance with the NVRA and the HAVA because the list “merely captures a snapshot in time and provides little information about list maintenancе activities.”
Voter Privacy Law
Under A.R.S. § 16-168, “the month and day of birth date, the social security number or any portion thereof, the driver license number or nonoperating identification license number…shall not be accessible or reproduced by any person other than the voter,” notwithstanding a few narrow exceptions. In his response letter, Secretary Fontes noted that federal courts have upheld state voter privacy laws against federal requests under the NRVA for voter information.
Moreover, the Privacy Act of 1974 grants individuals the right to update and/or remove their personal information in certain circumstances, in addition to placing limitations on government agencies seeking personal data. It is unclear how the DOJ intends to handle potential requests to modify or remove voters’ personal information from registration lists.
Concerns About Voter Disenfranchisement
Civil rights organizations, such as the American Civil Liberties Union (“ACLU”), fear that the DOJ’s requests could discourage voters from participating in the next election cycle due to fear that the DOJ will have access to voters’ personal information. Additionally, many worry that the data requested will be used to challenge the registration of naturalized citizens, individuals with felony convictions, and voters who have moved in and out of state.
Others fear that the data may be used to hunt for potential noncitizens. The Trump administration has encouraged states to upload their voter data to the Systematic Alien Verification for Entitlement (“SAVE”) system despite concerns about the system’s accuracy. Unease about how the DOJ plans to use the voter registration lists is all the more heightened in the midst of the Trump administration’s mass deportation initiative.
What Comes Next
The DOJ filed a complaint against Secretary Fontes on January 6, 2026, seeking the release of the unredacted Arizona voter registration list. The suit is only one of twenty-four suits against states and Washington, D.C. for noncompliance with requests for statewide voter registration lists.
Common Cause—a voter advocacy organization—the ACLU, and three Arizona voters filed a motion to intervene on January 14, 2026. Arizona courts have yet to rule on the case, but Secretary Fontes and other interested parties have expressed their intention to continue to fight for voter privacy protection.
The likelihood of success for the DOJ seems slim, especially in light of the fact that states have the authority to run their own elections under state law. Moreover, other district courts have already dismissed similar complaints filed by the DOJ. However, the unprecedented nature of the DOJ’s requests continues to generate uncertainty.
Veronica Schmidt (she/her) is a second-year law student at the Sandra Day O’Connor College of Law. Born and raised in Tucson, she graduated summa cum laude from the University of Arizona with a B.A. in Law and a minor in Philosophy. As a member of the W.A. Franke Honors College, she completed a thesis exploring the intersection of philosophical theory and political partisanship in Supreme Court opinions. During her undergraduate studies, Veronica worked as a Think Tank writing tutor, contributed to the Psychology of Inequality and Politics Lab, and was active in Phi Alpha Delta, a co-ed law fraternity. At ASU Law, she is involved with the Women Law Students’ Association and is passionate about the relationship between law, philosophy, and public policy.