Miller Says Democrat Judges Blocked Voter-Roll Checks. The Court Record Shows 26 Dismissals Across Party Lines
Stephen Miller's Monday post said blue states refused to hand over voter and welfare rolls and that Democrat judges blocked DOJ and DHS. ProPublica and a University of Wisconsin Law School tracker find 26 dismissals by Trump, Bush and Democratic appointees alike.
The Overview
The facts, straight
BREAKING: Stephen Miller's Monday post on voter and welfare rolls is drawing attention as courts continue to rule on Justice Department demands for state voter data. Times ET.
White House deputy chief of staff Stephen Miller posted Monday at 7:44 a.m. ET:
Post: Stephen Miller (@StephenM) on X, Oct. 19, 2026, 7:44 a.m. ET.
"For two years the Trump Admin has sought federal voter rolls and welfare rolls from blue states to run against the federal non-citizen database—Democrat states refused and Democrat judges blocked DOJ/DHS. In every blue state you can vote or get welfare just by checking a box."
As of 9:51 a.m. ET Monday, X's public metrics showed:
- 74,433 impressions
- 7,816 likes
- 1,484 reposts
- 486 replies
- 38 quote posts
What the lawsuits show. Since September 2025, the Justice Department's Civil Rights Division has sued 30 states and the District of Columbia seeking unredacted statewide voter rolls, ProPublica reported Oct. 16. A University of Wisconsin Law School tracker, last updated Oct. 15, counts 31 federal lawsuits against those jurisdictions — the higher figure reflects a Georgia case that was dismissed for wrong venue and refiled.
ProPublica found final rulings in 26 of the lawsuits, all dismissals. Of the judges randomly assigned to those 26 cases, eight were appointed by President Trump, four by President George W. Bush and 14 by Democrats, ProPublica reported. Four district-court cases remain pending, against Delaware, Hawaii, Idaho and Utah, the Wisconsin tracker says. Hawaii and Idaho have been stayed while the Ninth Circuit decides appeals in California and Oregon.
Oklahoma settled. On March 24, Attorney General Gentner Drummond announced that the state would provide its computerized statewide voter registration list under a settlement that, he said, includes Privacy Act protections. Assistant Attorney General Harmeet K. Dhillon of the Civil Rights Division called the settlement "a positive step forward for election integrity" and said "clean voter rolls are essential for there to be confidence in our elections."
Appeals. The Sixth Circuit affirmed the dismissal of the Michigan case and later denied rehearing en banc, according to the Wisconsin tracker and ProPublica. Appeals are pending in multiple circuits, including the Ninth (California and Oregon among them), the Tenth and the D.C. Circuit. A Justice Department spokesperson told ProPublica: "Our attorneys are skilled, principled advocates who argue every case honestly and in good faith. Disagreement with the government's position is not evidence of bad faith. We look forward to making our case on appeal."
Maine. In one of the early cases, Maine federal Judge Lance E. Walker, a Trump appointee, dismissed the government's demand for Maine's unredacted voter list. "Neither statute gives the United States the power to compel Maine to produce its current [unredacted voter list]," he wrote, as quoted by ProPublica.
The Oct. 9 policy ruling. Separately, Common Cause and individual voters challenged DOJ's broader "Voter List Maintenance Policy." On Oct. 9, U.S. District Judge Sparkle L. Sooknanan of the District of Columbia ordered that the court "sets aside and vacates the Defendants' Voter List Maintenance Policy." In her memorandum opinion, she wrote: "DOJ cannot run roughshod over longstanding laws that were carefully crafted to protect the rights of the American people." She also wrote that the policy "represents the federal government's attempt to decide who gets to vote. But Congress has left that authority where our Constitution has always placed it: with the states."
CBS News reported that Sooknanan found at least 18 states had fully cooperated with DOJ's request for voter files. A DOJ spokesperson told CBS the department is reviewing the decision. Common Cause CEO Virginia Kase Solomón called the ruling "a victory for voters and yet another loss for the Department of Justice."
Related Radio Purple coverage. The Justice Department's separate Oct. 15 suit seeking to hold back about 20,000 California mail ballots is covered in our earlier story. Federal pressure on election officials, including the voter-data fight, was also a theme of our 60 Minutes report.
Miller's other claims. Two pieces of Monday's post sit outside the published lawsuit trackers.
- Welfare rolls. The ProPublica and Wisconsin trackers document demands for voter registration lists, not welfare rolls. Separately, the U.S. Department of Agriculture announced in May 2025 that states must share SNAP benefit records with the federal government. The Associated Press has reported that Medicaid enrollee data from some states was shared with the Department of Homeland Security, prompting lawsuits by state attorneys general. Radio Purple found no court docket, in the voter-roll trackers, showing DOJ or DHS sued blue states for welfare rolls as part of the same campaign Miller describes.
- "Check a box." Federal law requires the national mail voter registration form to ask, "Are you a citizen of the United States of America?" with boxes to check, and to require the applicant's signature under penalty of perjury, according to the Justice Department's NVRA guidance. That requirement applies in NVRA-covered states nationwide, not only in blue states. The federal form does not require documentary proof of citizenship. Miller's claim that "in every blue state you can vote or get welfare just by checking a box" goes beyond what the voter-registration form alone establishes; Radio Purple did not independently verify a parallel, nationwide "check a box" rule for welfare eligibility as he stated it.
Who refused. Miller framed refusals as a blue-state story. The Guardian reported in May that several Republican-led states, including Utah, West Virginia, Georgia, Kentucky and Idaho, also refused to hand over the requested data, citing state authority over elections, privacy laws and the legal basis for DOJ's demand. Those states appear among the defendants in the Wisconsin tracker.
What the Left Says
The progressive and Democratic case
State officials and voting-rights groups argue the demands invade privacy and exceed federal power.
California Secretary of State Shirley N. Weber, Ph.D., called the September 2025 lawsuit against her office "a fishing expedition and pretext for partisan policy objectives" in a statement. She said DOJ was seeking "the private and personal information of 23 million California voters" and that state law requires her to protect that data. After a federal judge dismissed the California case in January, Weber said she would "continue to challenge this administration's disregard for the rule of law and our right to vote."
In the Common Cause case, Judge Sooknanan wrote that the challenged policy "has removed United States citizens from the voter rolls in their home states and risks disenfranchising many more." Common Cause's Solomón, quoted by CBS, framed the Oct. 9 vacatur as a win for voters. The Brennan Center for Justice has tracked DOJ's requests and reported that an acting chief of the Voting Section told a Rhode Island hearing that DOJ planned to run collected voter-roll data "against DHS's SAVE [Systematic Alien Verification for Entitlements] database."
Where Reality Likely Sits
Radio Purple's analysis
Accurate voter rolls and privacy protections are not mutually exclusive goals. Federal law — including the National Voter Registration Act and the Help America Vote Act — requires states to keep computerized lists and to make reasonable efforts to remove ineligible voters, the Justice Department explains. States also have long managed sensitive voter data under their own privacy rules. The Oklahoma settlement shows one path where a state produced the list and DOJ agreed, on paper, to Privacy Act handling and a limited use for assessing compliance with those federal statutes.
The court record adds detail to Miller's post. The lawsuits ProPublica and the Wisconsin tracker document are about voter rolls, not welfare rolls. Dismissals have come from Trump appointees as well as Democratic ones; Judge Walker's Maine ruling is one example. Refusals have not been limited to blue states. The federal registration form does use citizenship checkboxes, with a signature under penalty of perjury, in NVRA-covered states nationwide. Whether a nationwide citizenship cross-check of unredacted state rolls is lawful is exactly what the courts are deciding — most district judges so far have said no, one appeals court has agreed, and the Supreme Court has not ruled.
What the Right Says
The conservative and Republican case
The administration says it is enforcing list-maintenance duties under federal law and checking citizenship.
Attorney General Pamela Bondi, announcing additional suits in February, said, "Accurate, well-maintained voter rolls are a requisite for the election integrity that the American people deserve," according to a DOJ release. Dhillon said in the same release that "many state election officials … are choosing to fight us in court rather than show their work" and that DOJ "will not be deterred, regardless of party affiliation, from carrying out critical election integrity legal duties." The release said the Civil Rights Act of 1960 gives the attorney general authority to demand statewide voter registration lists that "can be cross-checked effectively for improper registrations."
NPR reported in March that DOJ acknowledged in a Rhode Island hearing that it planned to share voter registration data with DHS for a citizenship check in the SAVE system. Miller's Monday post restates the administration's argument that blue states refused cooperation and that judges blocked the effort. The Oklahoma settlement is the administration's cited example of voluntary production with privacy terms: Drummond said Oklahoma would "cooperate with efforts to eliminate voter fraud," and Dhillon praised the state as "a willing partner."
Sources & Citations
- X (@StephenM), “Stephen Miller post on X”, October 19, 2026.
- ProPublica, “"Devoid of Any Factual Basis": Again and Again, Judges Have Dismissed Trump's Voter Data Lawsuits”, October 16, 2026.
- State Democracy Research Initiative, University of Wisconsin Law School, “Tracker: DOJ Lawsuits Seeking States' Sensitive Voter Data”, October 15, 2026.
- CBS News, “Judge strikes down DOJ's policy of reviewing state voter rolls”, October 9, 2026.
- U.S. District Court for the District of Columbia (CourtListener), “Order, Common Cause v. U.S. Department of Justice, No. 26-cv-1352 (D.D.C.)”, October 9, 2026.
- Common Cause (court PDF), “Memorandum Opinion, Common Cause v. U.S. Department of Justice, No. 26-cv-1352 (D.D.C.)”, October 9, 2026.
- U.S. Department of Justice, “Justice Department Sues Five Additional States for Failure to Produce Voter Rolls”, February 26, 2026.
- Oklahoma Attorney General, “Drummond enters settlement with DOJ to safeguard voter registration data”, March 24, 2026.
- California Secretary of State, “California Secretary of State Shirley N. Weber statement on DOJ lawsuit”, September 25, 2025.
- California Secretary of State, “California Secretary of State Shirley N. Weber Secures Win Against Threats to Voter Privacy”, January 15, 2026.
- U.S. Department of Justice, Civil Rights Division, “The National Voter Registration Act Of 1993 (NVRA)”, November 1, 2024.
- NPR, “DOJ plans to share states' sensitive voter data with DHS”, March 27, 2026.
- The Guardian, “Why red states are pushing back on Trump administration's request for voter data”, May 1, 2026.
- U.S. Department of Agriculture, “Secretary Rollins Requires States to Provide Records on SNAP Benefits”, May 6, 2025.
- Associated Press, “California, other states sue over Trump use of immigrants' Medicaid data”, January 1, 2025.
- Brennan Center for Justice, “Tracker of Justice Department Requests for Voter Information”, January 1, 2026.
Positions above are attributed to the public statements and published reporting cited here. Quotations are taken from these sources; Radio Purple does not publish unattributed or invented quotes. See an error? Request a correction.
