DOJ threatens legal action as Minnesota continues to withhold voter rolls

State election officials called the latest federal demand “unprecedented in its scope and timing.”

The Minnesota Star Tribune
August 22, 2025 at 6:21PM
“We don’t know what this will ultimately lead to,” said Secretary of State Steve Simon. “But all we’re trying to do is be faithful to the law and safeguard the privacy of millions of Minnesotans.” (Ayrton Breckenridge)

The U.S. Department of Justice is threatening legal action against the state of Minnesota over election officials’ ongoing refusal to hand over the state’s voter registration list.

DOJ officials sent a letter last week to the Minnesota Secretary of State’s Office making a second request for its voter rolls, saying it wants to “ascertain Minnesota’s compliance” with federal requirements for maintenance of the list.

“Please be advised that failure by Minnesota to provide its statewide voter registration list may result in legal action,” read the Aug. 13 letter, signed by Harmeet K. Dhillon, an assistant attorney general in the DOJ’s civil rights division.

The DOJ has requested voter data from states across the country, part of a reported shift away from its historical role of protecting access to the ballot. Now, federal officials are instead focused on voting issues raised by conservative activists, including unfounded claims of voter fraud. The DOJ declined to comment.

During his first term, President Donald Trump appointed a commission that tried and failed to collect voter data from states across the country. This time, similar requests are being made but with the weight of federal law enforcement behind them.

“It feels much different,” Secretary of State Steve Simon told the Minnesota Star Tribune. “It feels escalated and elevated.”

Simon, who is a possible candidate for governor next year if Gov. Tim Walz does not run again, denied the DOJ’s first request earlier this summer and said the federal government did not provide an adequate legal justification.

Minnesota officials have resisted additional federal attempts to collect other personal data, which several legal experts have said is legally sound because Congress put tight controls on how much oversight power the federal government has over elections. Legislative Republicans, however, have urged Simon to comply with the federal requests.

The latest DOJ letter asked for the list to be turned over by Aug. 21. Simon’s office replied this week, declining the second request and calling it unprecedented in its scope and timing.”

Justin Levitt, a law professor at Loyola Law School who has worked for the DOJ and is tracking efforts to collect voter data, said the new letter from the DOJ still does not make a convincing legal case.

“I don’t think this letter resolves any of the questions I had about DOJ’s legal authority to get what they’re asking for,” Levitt wrote in an email to the Star Tribune. “This is mostly a set of non sequiturs.”

The DOJ’s new letter cites the 1960 Civil Rights Act, which requires state and local officials to retain voter registration records and make them available for inspection by the U.S. Attorney General. But both Simon and Levitt say that provision is meant to provide federal law enforcement access to records necessary to conduct investigations of racism in voting access.

Simon said secretaries of state around the country who have received similar requests are discussing a lawsuit against the federal government but declined to comment on his office’s legal strategy.

“We don’t know what this will ultimately lead to,” Simon said. “But all we’re trying to do is be faithful to the law and safeguard the privacy of millions of Minnesotans.”

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about the writer

Nathaniel Minor

Reporter

Nathaniel Minor is a reporter for the Minnesota Star Tribune.

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