States maintain detailed voting records because the voter file is also the foundation upon which elections are administered. It is used to determine who is registered, who is eligible to vote, and who has voted.
Voter files are used to print poll books for Election Day and to send out absentee ballots. While some of this data is public, the most sensitive information — such as Social Security numbers — is kept confidential by the states.
Critically, the federal government does not maintain a national voter database, nor has it ever had access to the information the states keep. That is because, under our Constitution, elections are administered by the states — not the federal government. This is not an oversight or technicality. It is a structural safeguard that, until recently, had strong bipartisan support.
That is, until Trump decided to attack that safeguard for partisan advantage.
Over the last few months, the administration has offered a series of justifications for demanding this data. One by one, those justifications have been debunked, and the true purpose has emerged.
The administration wants to create a national list of voters that it controls — one that states would then be required to accept. If it can obtain all the states' voter files, it will process them, scrub them and send back lists of the individuals the Trump administration deems eligible to vote.
Any state that disagrees or fails to comply would face sanctions. The U.S. Postal Service would be barred from delivering ballots to anyone not on the Trump-approved list. State and local election officials who refused to follow Trump's list would face criminal prosecution.
What I just described is not hypothetical. It is essentially what Trump put in his executive order on voting — an order he issued precisely because the DOJ has been unable to obtain the full voter files from these 30 states. He could not get the data through litigation, so he is now trying to seize it by executive decree.
That is where we are. And that is why these 30 cases matter as much as anything my firm is litigating.
If Trump succeeds, he will quickly construct a federal voter list that determines who can vote and whose vote is counted. He will assert the power to rig elections by disqualifying voters before they vote or after their ballots have been received.
He has repeatedly asserted that states are his agents in conducting elections. He has said he wants Republicans to take over voting. This scheme to create a national voter database and supplant the states’ role is what he has in mind.
We cannot let him have this power. The stakes could not be higher. Neither can our resolve.
That is why, as Trump made unhinged threats to the world order, I was focused on Idaho. Regardless of what is happening in the news, you can always bet I will be focused on the 30 cases that will determine the future of free and fair elections. I don’t have a choice — democracy depends on it.