Federal Court Rules Civil Rights Act Does Not Authorize DOJ to Compel Arizona Voter Rolls

U.S. District Judge granted Secretary of State Adrian Fontes' motion to dismiss, finding that the voter registration list is not a document "required by" the 1960 act to be preserved and produced.

The Justice Department had sued 29 states and the District of Columbia in a broader effort, alleging that state officials violated the Civil Rights Act by refusing to hand over voter rolls for federal investigations into compliance with the National Voter Registration Act and the Help America Vote Act.

The complaint sought the "statewide voter registration list," which includes registered voters' full names, dates of birth, residential addresses, and driver's license numbers or the last four digits of their Social Security numbers.

Fontes refused the request, citing state and federal privacy laws that prohibit the release of such identifying information.

The court's decision relies heavily on a recent ruling in United States v. Benson, where a Western District of Michigan judge held that Michigan's voter registration list was not covered.

The Arizona court adopted that reasoning, finding that the phrase "come into [the state's] possession" in Section 20701 refers only to documents voters submit to the state, such as registration applications, not records the state creates or compiles.

The Benson court wrote, referencing the historical context of the 1960 act, that "[t]he CRA responded to that problem by requiring states to preserve records that voters submit to them—not records that states create."

The Arizona court also noted that interpreting the law to include voter rolls would create a conflict with the National Voter Registration Act and the Help America Vote Act, both of which require states to regularly update and modify their voter lists.

Under Section 20702 of the Civil Rights Act, it is a crime to willfully alter or destroy documents covered. If voter rolls were covered, states would be prohibited from making the updates required and HAVA.

The court noted that "[t]he NVRA outlines a variety of situations in which states are required to modify their VRLs where § 20702 would prohibit such an alteration."

The Justice Department argued that the statute's language is broad and does not exclude electronic or non-public records. The court rejected this, stating that the plain text of the statute does not tolerate such an expansive reading.

The court dismissed the case with prejudice, finding that amendment would be legally futile.

The ruling adds to a growing line of cases blocking the Justice Department's efforts to access state voter rolls. Five other federal courts have already dismissed similar lawsuits filed by the government.

The Justice Department sued five additional states on February 26, 2026, after initial lawsuits against other states were dismissed.