Trump DOJ Bungled Washington Voter Data Lawsuit for Months, Judge Lets It Proceed Anyway

The Trump administration's push to force Washington state to hand over sensitive voter information hit an embarrassing snag: the Justice Department's own lawyer couldn't figure out how to serve the lawsuit.

For months, the federal case demanding Washington's voter rolls languished because Eric Neff, the DOJ's top voting rights attorney, admitted he was unfamiliar with how to properly notify state officials they were being sued. Neff also misread a judge's order asking why the state hadn't been served yet, mistaking it for permission to take more time.

The bungling delayed a lawsuit filed in December until the state was finally served last month. Under court rules, cases can be dismissed if defendants aren't served within 90 days. But U.S. District Judge Kymberly Evanson decided to let the Trump administration's case proceed anyway, writing that she "prefers to resolve cases on their merits."

She didn't let the Justice Department off without a rebuke. "Plaintiff should have considered the 'unique requirements of litigation' in this district before instituting this case, rather than after it missed deadlines," Evanson wrote.

The lawsuit targets Washington Secretary of State Steve Hobbs, who told the Trump administration last year he would provide public voter information but refused to turn over dates of birth, driver's license numbers, and partial Social Security numbers. Those records are protected under state law.

"The DOJ has not specified what voters' private data will be used for, how that data will be kept secure, and whether that data will be shared with other federal agencies," said Stefanie Randolph, a spokesperson for Hobbs' office.

That last concern is what has civil rights advocates and state officials across the country on edge. Critics fear the Trump administration plans to share voter data with the Department of Homeland Security to fuel the president's immigration crackdown, turning state election offices into de facto arms of ICE.

The Justice Department claims it needs the records to verify that states are removing ineligible voters and properly checking voter registration applications, as required by federal law. The lawsuit alleges Hobbs violated the Civil Rights Act of 1960, which gives the attorney general power to demand certain voter information and allows federal courts to compel states to comply.

Washington is one of 30 states, plus Washington D.C., that the Trump administration has sued for voter records. Most are governed by Democrats, but the list includes Republican-led states like Georgia, Oklahoma, and Utah. A few cases have been dismissed, including in California and Oregon. About a dozen states have agreed to hand over their full voter lists.

Neff, the attorney handling the Washington case, is a former California prosecutor whose tenure there ended amid accusations of bias in a case against a voting software company targeted by election conspiracy theorists. His struggles to navigate basic procedural requirements in the Washington lawsuit have not inspired confidence.

"The improper handling of a lawsuit dealing with something as important as voters' protected information, and a lack of transparency in how that information would be used, does not give us confidence that voter data would be handled with the care it requires," Randolph said.

The state now has until May 12 to respond. Attorney General's office spokesperson Mike Faulk declined to comment on the procedural mess, saying only, "I think it speaks for itself."

On Tuesday, the Justice Department asked Judge Evanson to order Washington officials to explain why they shouldn't be forced to provide the records. The Brennan Center for Justice is helping represent advocacy organizations seeking to join the state as defendants.

This isn't Washington's only courtroom battle with Trump over elections. Attorney General Nick Brown and officials from other states sued the administration last week over the president's executive order to create a national voter list and restrict mail-in voting.

When the Justice Department first filed the voter records lawsuit in December, then-Governor Bob Ferguson said he was "very confident we'll be successful in court." Whether that confidence holds now that the case is finally moving forward remains to be seen. But the Trump administration's shaky start doesn't bode well for its legal arguments.