DOJ Suffers 26th Voter Roll Loss as Utah Judge Dismisses Data Suit

The Department of Justice has lost 26 lawsuits challenging state voter roll requirements. District Judge David Barlow dismissed the administration’s case against Utah Lieutenant Governor Deidre Henderson on Friday. The ruling comes days before the midterm elections. The administration sought to force Henderson to release a comprehensive database of Utah voters. The requested data included names, birthdays, addresses, driver’s license numbers, and the last four digits of Social Security numbers.

Federal lawyers based their argument on the Civil Rights Act of 1960. They claimed the law requires state officials to make voting records available for federal inspection if the records come into their possession. Barlow rejected this interpretation. He cited a prior Sixth Circuit Court of Appeals decision. That ruling stated that an ordinary person would not say an official possesses something they created, established, and maintained themselves. The DOJ argued that the purpose of the law was to enforce federal election laws. Barlow said judges have no authority to prioritize vague statutory purpose over the specific words chosen by Congress.

A DOJ spokeswoman told Fox News Digital that the department intends to appeal the decision. She noted that the only appellate court to review similar cases has split on partisan lines. Five judges in the Sixth Circuit signed dissents against a full panel review. The Justice Department has yet to find evidence of widespread voter fraud despite charging several individuals with illegal voting. It currently has three pending voter roll cases in Hawaii, Idaho, and Delaware. The agency is also appealing losses in California and Oregon.

Henderson is a Republican and serves as Utah’s top election official. She described the federal suit as an attempt to force the disclosure of private data for every voter in the state. Henderson posted on Threads that her office will continue to protect the right to free and fair elections. She expressed appreciation for the ruling that dismissed the lawsuit. The White House did not respond to a request for comment on Monday.

Barlow was appointed to the federal bench by President Donald Trump in 2019. Before his nomination, he worked as a Republican congressional lawyer, a federal prosecutor, and a private attorney. The dismissal with prejudice prevents the DOJ from simply refiling the same claim. The department retains the option to appeal the ruling to a higher court.