Full Breakdown
Trump Administration’s Voter-Eligibility Lists Spark Legal Battle Ahead of 2026 Midterms
By Drooid · · How we work
Core Action: Federal Creation of State-by-State Voter Lists
President Donald Trump’s March 2026 executive order directs the Department of Homeland Security (DHS) and the Social Security Administration (SSA) to compile “State Citizenship Lists” identifying individuals eligible to vote in federal elections. The lists must be transmitted to state election officials at least 60 days before each regularly scheduled federal election, conflicting with the 30-day residency requirement set by Congress in 1970.
Background & Context
The order also seeks to restrict mail voting and relies on data from the IRS, SSA, CMS, VA and USPS change-of-address records. Under the Privacy Act of 1974, agencies must give public notice before sharing personal information—a step that has not been taken. The DOJ cites 8 U.S.C. § 1373, which governs immigration-status data, not state residency information.
Data & Statistics
- An estimated 7.1 million Americans moved states in 2024, about 2.1 % of the population, many of whom are likely eligible voters.
- “No such comprehensive database exists anywhere at the federal level,” — EPIC.
Official Statements & Responses
- Judge Paula Xinis (U.S. District Court, Maryland) has been briefed and ordered the DOJ to notify her immediately if the lists or an accompanying portal are released.
- DOJ Attorney Joshua Schopf argued the lists do not yet exist and questioned the court’s jurisdiction, citing the Supreme Court’s decision on the SAVE system.
- DHS previewed an online portal describing the lists as “coming soon,” but removed the page after EPIC’s lawsuit. The agency’s June memo indicates that lists will be transmitted to states regardless of a request.
Criticism & Opposition
The Electronic Privacy Information Center (EPIC), joined by Protect Democracy and Citizens for Responsibility and Ethics in Washington (CREW), contends the lists violate the Privacy Act and exceed DHS’s statutory authority. EPIC argues the lists are unlawful because they are created “unprompted” and lack a qualifying verification request.
Conflicting Reports & Gaps
- DOJ’s Position: The portal would operate like the SAVE system, responding only to state requests for individual voter information.
- DHS’s Position: The June memo states that lists are transmitted to states whether or not a request is made.
Verbatim Quotes
- “No such comprehensive database exists anywhere at the federal level,” — EPIC
- “Given the inaccuracy of the federal government’s state residency data, the risk that an adult citizen does not end up on the correct list—i.e., the list to which the election officials in that person’s state of residence has access, affirming their current residency in that state—is substantial,” — EPIC
What’s Next
Judge Xinis may soon rule on EPIC’s request to declare the lists unlawful, a decision that will determine whether DHS can proceed with transmission before the 2026 midterm elections.