DOJ Demands Nebraska Voter Data: What State Law Says

The U.S. Department of Justice (DOJ) recently delivered a sweeping demand to Nebraska: turn over the state’s full, unredacted voter registration database—including names, addresses, birth dates, driver’s license numbers, and the last four digits of Social Security numbers for every registered voter. The request, made September 8, 2025, by Harmeet Dhillon of the DOJ’s Civil Rights Division, gave Secretary of State Bob Evnen until September 22 to comply. Nebraska officials quickly referred the matter to Attorney General Mike Hilgers for legal review. While the DOJ argues its request is authorized under federal election laws, Nebraska statutes explicitly protect this data as confidential. Advocacy groups are suing to block compliance, warning of privacy risks and potential identity theft. This post explains the legal conflict, the stakes for Nebraskans, and what you can do to stay informed and protected.

Why Did the DOJ Request Nebraska’s Voter Data?

The DOJ framed its request as necessary under the National Voter Registration Act (NVRA)—a federal law designed to make voter registration easier—and the Help America Vote Act (HAVA), which sets standards for election administration. The department argues that access to unredacted data is essential for monitoring the accuracy of voter rolls and detecting potential voter fraud.

Attorney General Mike Hilgers has said the request is “within bounds,” citing past prosecutions of fraudulent voting in Nebraska. Supporters argue federal oversight strengthens election integrity.

Nebraska’s Privacy Protections and the Core Legal Conflict

Nebraska Secretary of State Bob Evnen referred the request to Hilgers for review. That referral set up the central legal question: does federal authority under the NVRA and HAVA override Nebraska’s voter privacy protections?

Under Nebraska Revised Statute § 32-331, personal identifiers—including a voter’s date of birth, email, phone number, driver’s license number, and Social Security number—are strictly confidential and “shall not be disclosed to the public.”

The DOJ’s demand goes well beyond Nebraska’s standard public voter file, which is available for a fee but excludes these identifiers. This direct conflict between state law and federal oversight is now the heart of the legal dispute.

Litigation and Public Backlash

Advocacy groups like Common Cause Nebraska have already filed lawsuits to block disclosure, arguing the DOJ’s request is unprecedented, unlawful, and dangerous to voter confidence.

In other states, the DOJ has filed lawsuits against officials who refused similar requests, creating a patchwork of litigation nationwide. Critics—including former DOJ staff—have warned that assembling a national database of personal voter data could expose Americans to identity theft and chill voter participation.

Precedent and Political Context

This is not the first time Nebraska has faced this question. In 2017, a federal election commission created under President Trump attempted to collect voter data nationally. Nebraska and most other states refused. The DOJ’s current approach is broader and more forcefully grounded in federal statutes, making it harder for states to simply say no.

The outcome will have implications far beyond Nebraska: it could redefine the balance between federal election oversight and state-level privacy protections.

What This Means for You (And What You Can Do)

For Nebraska voters, this isn’t an abstract legal debate—it’s about whether your sensitive personal information stays protected. Here are a few steps you can take:

• Verify Your Registration: Check your voter registration status on the Nebraska Secretary of State’s website.

• Contact Officials: If you’re concerned, you can respectfully contact Secretary of State Bob Evnen or Attorney General Mike Hilgers to share your views.

• Stay Informed: Follow updates from advocacy groups like Common Cause Nebraska and reputable news outlets to track litigation.

Taking these steps keeps you engaged and helps ensure your rights are represented in the debate.

Frequently Asked Questions

Is Nebraska required to give the DOJ all voter data?

Not automatically. While the NVRA and HAVA give federal oversight authority, Nebraska law prohibits disclosure of personal identifiers. Whether federal law preempts Nebraska’s statute will likely be decided in court.

What voter data is already public in Nebraska?

The public voter file includes names, addresses, party affiliation, and voting history—but excludes dates of birth, driver’s license numbers, and Social Security numbers.

Could this increase the risk of identity theft?

Yes. Disclosing driver’s license numbers and Social Security digits creates serious risks of fraud and identity theft.

Has this happened before?

Yes. In 2017, a federal request for voter data was rejected by most states, including Nebraska. The current DOJ demand is broader and more aggressively tied to federal statutes.

Key Takeaway

Nebraska law protects sensitive voter information under § 32-331, but the DOJ is pressing its federal authority under the NVRA and HAVA. Whether the state can resist this demand may soon be decided in court. For voters, the debate is about more than law—it’s about the security of your most personal information and the future of election trust in Nebraska.