Two converging developments over the past two weeks have sharpened the threat to free and fair elections ahead of November. First, though courts have continued to push back on the DOJ’s unprecedented effort to build a national voter database, the threat remains acute. Judges in Maine and Wisconsin dismissed the DOJ’s attempts to force turnover of state voter rolls, the latest in a string of defeats that now spans Arizona, California, Massachusetts, Michigan, Oregon, and Rhode Island. The DOJ has sued at least 30 states and the District of Columbia seeking detailed voter data — including dates of birth, addresses, driver’s license numbers, and partial Social Security numbers — with the stated goal of checking for noncitizen voters. Courts have found no legal basis for the demands, and voting rights advocates have warned the administration’s true aim is to lay groundwork for challenging or overturning unfavorable election results. The DOJ has appealed or refiled in states where it has lost — a pattern that, regardless of outcome, creates confusion and anxiety among voters already underway in primaries.
The latest chapter in this ongoing effort comes from the US Postal Service, which proposed a rule on May 29 that would require states to provide mail-in ballot voter lists. At its core, this new rule is an implementation nightmare designed to create chaos for already overburdened election officials. And that chaos is the point. The Constitution explicitly vests the authority to run elections in the states and in Congress, not the executive branch or a logistics agency. USPS has no legal mandate to compile a centralized “Mail-In and Absentee Participation List” containing individual voter names, addresses, and serialized tracking data. This is an extension of their voter data grab efforts and a set-up for post-election disruption. The rulemaking openly states the database is designed to “facilitate law enforcement efforts” — enabling federal officials to cross-reference mailed versus received ballot counts and flag “issues” for investigation. The administration is building a centralized federal repository that partisan actors can use to mount frivolous, hyper-targeted post-election challenges while also creating the technical infrastructure to disrupt ballot delivery in real time.
Second, the Supreme Court’s April 29 ruling in Louisiana v. Callais has triggered an ongoing sprint to redraw congressional maps across the South before November. Republicans in Louisiana, Tennessee, Florida, Mississippi, and Georgia all moved toward mid-decade redistricting in the weeks since the ruling gutted Section 2 of the Voting Rights Act. News out of Alabama, where a court overruled the new map the legislature tried to put in place, and South Carolina, where the state senate decided against drawing a new map altogether, suggest that not every state might institute new maps before November. Even so, this gerrymandering push is unprecedented and dangerous.