‘That is very concerning’: Trump admin says it might release voter eligibility lists before midterms

Key Points:

• A DOJ attorney declined to assure a federal judge that the Trump administration would halt plans to use Americans' personal data to create voter eligibility lists ahead of the midterms, despite prior public statements suggesting a pause within 60 days of the election.
• The voter eligibility lists, stemming from Trump's March executive order, have raised concerns over privacy violations and potential voter disenfranchisement, with groups arguing the lists unlawfully encroach on states' election authority.
• U.S. District Judge Paula Xinis expressed skepticism about the creation of these lists and the associated online portal, ordering the DOJ to notify her if the portal goes live, though the DOJ resisted this notice requirement.
• The case centers on whether the Department of Homeland Security and Social Security Administration complied with the Privacy Act's requirement to publicly disclose the use of personal data via System of Records Notices, a point the DOJ attorney could not clearly address.
• The Supreme Court's recent ruling allowing DHS to modify the SAVE system may impact the lawsuit, but the judge requested additional briefs to clarify its implications, highlighting ongoing legal uncertainty around the federal government's role in voter eligibility verification.