Ninth Circuit Court of Appeals hears Trump administration’s request for California voter data

The Ninth Circuit Court of Appeals heard arguments in Pasadena Tuesday over whether the federal government has the right to access sensitive data about California’s 23 million voters. The court also heard a nearly identical case involving Oregon.

California is among 30 states and the District of Columbia sued by the Trump administration in an effort to get access to unredacted state voter registration rolls. The administration says it wants to make sure only citizens are voting and that states are otherwise properly maintaining their rolls, for example, by removing people who have died.

Why won’t California hand over the data?

California has offered access to its publicly available voter file, which does not include information like driver’s license and social security numbers. State election and privacy laws prohibit state officials from sharing that more sensitive data, and lawyers for California argue that federal laws do not allow the U.S. Department of Justice unfettered access to the state’s voter files.

Why does the federal government want voter rolls?

Trump administration officials have given different reasons for requesting the data over the past year. But earlier this month, a memo from the Justice Department’s Office of Legal Counsel wants to run voter rolls through the federal government’s SAVE system to check the immigration status of voters. NPR and other news outlets have reported on major flaws in the system, including improperly flagging eligible voters as non-citizens.

What happens to flagged names?

It differs in each state. Some states give flagged voters time to prove their eligibility; others suspend or cancel registration immediately. Voting rights groups worry that a large number of voters may be disenfranchised right before the midterm election.

The political backdrop

The debate has largely split along party lines, although not entirely — some Republican-led states are resisting the federal government’s demands for sensitive voter data. At least 15 states have agreed to provide their full registration lists, most of them Republican-led, according to the Brennan Center for Justice, which is tracking the issue.

What’s next

There's no specific timeline for a ruling from the Ninth Circuit. A separate appeals court is considering the Trump administration’s demand for Michigan voter data. Depending on the outcome of that and the California and Oregon cases, observers say the issue could be headed to the Supreme Court.