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Nebraska to Release Sensitive Voter Data to Justice Department

2/12/2026, 10:35:48 PM

Court Ruling and Data Transfer

Nebraska's Secretary of State Bob Evnen has announced plans to transfer sensitive voter registration data to the U.S. Department of Justice (DOJ) following a ruling by the Nebraska Supreme Court. The court denied a request for an emergency injunction from the watchdog group Common Cause Nebraska, which sought to block the release of voter information, including dates of birth, addresses, and partial Social Security numbers. The court's decision allows the transfer to proceed, although it has agreed to hear the underlying case later this spring.

Evnen stated that the DOJ's request for voter data is part of an effort to ensure compliance with federal election laws. He emphasized that the Nebraska Attorney General's office deemed the federal request lawful and proper. The data will be uploaded electronically, with a request for privacy laws to be observed during its handling.

Concerns Over Privacy and Security

The decision to release voter data has raised significant concerns among critics, particularly regarding the potential misuse of sensitive information. Lawyers for Common Cause argued that the release poses a threat to voter privacy, stating, “This case threatens the unprecedented and unlawful release of highly sensitive information of every Nebraska voter.” They cautioned that once the data is released, it cannot be retracted.

Evnen has assured that the state will not remove individuals from voter rolls based solely on DOJ recommendations. Instead, election officials will conduct their own investigations and contact anyone flagged for potential removal. However, he acknowledged uncertainty regarding the security of the data, remarking, “The only thing I'm positive of is that the sun won't catch in a tree when it sets tonight.”

Broader Context and Implications

The DOJ's request for voter data is part of a larger initiative to assess election security across the United States. The department has sought similar information from multiple states, claiming it is necessary to ensure compliance with federal election laws. However, this has sparked opposition from Democratic officials, who argue that such demands violate state and federal privacy laws. Concerns have also been raised about the potential for the DOJ to use the data for purposes beyond election security, such as identifying noncitizens on voter rolls.

The Nebraska case reflects ongoing tensions between state and federal authorities regarding election administration, which is primarily managed at the state and local levels. As the situation develops, the Nebraska Supreme Court is expected to hear the underlying case in March, which may further clarify the legal boundaries of data sharing between states and the federal government.

Official Statements & Responses

Secretary of State Bob Evnen stated, “I am dedicated to protecting voters' personally identifiable information from misuse,” while also confirming the data transfer to the DOJ. Meanwhile, Common Cause Nebraska expressed strong opposition, emphasizing the risks associated with the release of sensitive voter information.

Conflicting Reports & Gaps

While the Nebraska Supreme Court has allowed the data transfer to proceed, it has also agreed to hear the case later this spring, indicating ongoing legal disputes regarding the release of voter information. Additionally, a federal judge recently rejected the DOJ's request for Michigan's voter rolls, highlighting inconsistencies in how different states are responding to federal data requests.