Nebraska to Hand Voter Data to DOJ After Court Declines to Block Transfer

By Tom Ozimek
Tom Ozimek
Tom Ozimek
Reporter
Tom Ozimek is a senior reporter for The Epoch Times. He has a broad background in journalism, deposit insurance, marketing and communications, and adult education.
February 12, 2026Updated: February 12, 2026

Nebraska’s Republican secretary of state is moving ahead with plans to turn over sensitive voter registration data to the Department of Justice (DOJ) after the Nebraska Supreme Court declined to block the transfer—even as it agreed to hear the underlying case later this spring.

The Nebraska Supreme Court on Feb. 11 denied a request for an emergency injunction from watchdog group Common Cause Nebraska that would have prevented Secretary of State Bob Evnen from sharing voter data while legal challenges proceed. The court also set an expedited hearing on the case for March 31.

The dispute is part of a widening national battle over federal access to state voter rolls and election records, which generally include such information as dates of birth, home addresses, and partial Social Security numbers.

Court Allows Transfer While Appeal Moves Forward

The high court’s decision followed a lower court ruling last week dismissing Common Cause Nebraska’s lawsuit to block the data release. The advocacy group appealed, prompting the state Supreme Court to fast-track the case—but the justices declined to halt the transfer in the meantime.

Evnen had previously indicated his intention to cooperate with federal officials and reaffirmed that position after the court’s decision.

He said the state would provide the information so the DOJ could evaluate whether Nebraska is complying with federal voting laws. The Nebraska attorney general’s office advised that the federal request for the voter file was “lawful and proper,” he said.

Evnen added that the data would be transmitted electronically along with a request that federal officials observe privacy protections. His office, he said, remains committed to safeguarding voters’ personally identifiable information.

He also said Nebraska would not remove voters from registration rolls based solely on federal recommendations. Instead, state election officials would conduct their own review and contact any voter flagged for potential removal before taking action.

The Epoch Times has reached out to Evnen’s office seeking comment and clarification on when the data would be transmitted and what safeguards will apply.

DOJ Pushes for Nationwide Voter Data

The DOJ has sought detailed voter registration information from states nationwide, saying the data is needed to assess compliance with federal election laws and maintain accurate voter rolls.

The agency has requested such data from dozens of states and filed lawsuits against more than 20 that declined to comply, with several courts either rejecting that the DOJ has authority to obtain detailed voter information or leaving the question unresolved.

The Nebraska dispute began late last year after federal officials requested the state’s voter file.

Common Cause Nebraska filed suit seeking to block the transfer, arguing that election administration is primarily a state responsibility and that releasing sensitive voter information violates Nebraska law and threatens privacy.

“By exceeding statutory authority and ignoring privacy safeguards, the DOJ’s demand threatens to place Nebraskans’ most sensitive information at risk of unlawful disclosure,” the complaint states.

The group has also said that centralized federal storage of detailed voter information could make the data vulnerable to hackers or misuse.

“Unelected bureaucrats in Washington have no business accessing every Nebraskan’s sensitive personal information. Not now, not ever,” Gavin Geis, executive director of Common Cause Nebraska, said in a statement.

“We’re calling on the Secretary to protect Nebraskans’ personal information and comply with state law to keep all of us safe from fraud and abuse of our data.”

In a video statement on Feb. 12, Geis urged supporters to contact the secretary of state and ask him to delay releasing the data until courts rule on the legality of the transfer.

Part of a Broader Legal Fight

Nebraska is one of many states grappling with federal demands for voter data. Some states have complied, while others—including several led by Republicans—have raised privacy concerns or resisted requests entirely.

In Georgia, Secretary of State Brad Raffensperger argued that the DOJ was overstepping its authority by requesting the state’s voter records. A federal judge dismissed the department’s attempt to compel disclosure, ruling it had been filed in the wrong venue.

In Michigan, a federal district judge dismissed a separate DOJ lawsuit seeking voter records, finding the agency lacked authority to obtain the information under federal law.

The DOJ has said it needs access to detailed voter data to ensure election officials comply with federal election laws.

President Donald Trump recently said that Republicans should assert greater control over elections in areas the president has claimed are affected by fraud.

Trump has long alleged widespread voter fraud, attributing his loss in the 2020 election to a vote that was “rigged.”

The Associated Press contributed to this report.