The Department of Justice is facing new criticism after it was revealed they misled a federal judge about how they used sensitive voter registration data. Eric Neff, acting chief of the DOJ’s voting section, initially denied any analysis of the data but later admitted the agency had begun examining it for irregularities ahead of upcoming elections.

False Claims in Court

Last week, in a hearing held in Providence, Rhode Island, U.S. District Judge Mary McElroy questioned Eric Neff on the DOJ’s activities concerning voter registration data collected from multiple states. Neff, representing the Department of Justice’s voting section—which operates under the civil rights division tasked with enforcing voting protections—initially stated that the agency had not yet used the data it had obtained. “We haven't done anything yet,” Neff told the court, adding that the data sets were being kept separate to comply with the Privacy Act of 1974, which governs handling of personally identifiable information.

That said, but that was not the full story. Days later, on 27 March, Neff filed a court document that contradicted his prior statements, conceding that the DOJ had begun internal analysis of the pooled voter data to identify and quantify duplicate registrations and deceased voters. This reversal confirmed suspicions that the DOJ was actively working with the data, despite earlier denials.

Pooling Sensitive Voter Information

The voter data in question is highly detailed, including Social Security numbers, driver’s licences, dates of birth, and home addresses. The DOJ’s effort to collect such unredacted voter rolls began in May of the previous year, when letters were sent to election officials in at least 48 states and Washington, D.C. Demanding access to the full voter lists.

Several Republican-led states handed over the data without much pushback. But a substantial number of states pushed back, citing security and privacy concerns. The DOJ responded by filing lawsuits against 30 states to compel the release of the information. So far, courts have sided with states like California, Michigan, and Oregon, dismissing the DOJ’s cases due to the risks involved.

Concerns Over Security and Privacy

Election officials and privacy advocates have raised concerns about the DOJ’s aggressive efforts to get voter data. The sheer volume and sensitivity of the information raise questions about how securely it can be stored and used. The fact that the DOJ initially denied analysing the data only adds to the unease.

David Becker, a former DOJ attorney and current head of the Center for Election Innovation and Research, has warned that mishandling such data could lead to privacy breaches or even undermine public trust in the electoral process. That’s a big deal given the already heightened political tensions surrounding elections.

Political Context and Personnel Changes

Since President Donald Trump took office again, the DOJ’s voting section has seen significant changes. Many of the new lawyers appointed to the section reportedly hold views sympathetic to election denial theories. Critics argue that this shift has politicised the department’s approach to voting enforcement, with a focus on challenging election outcomes rather than protecting voting rights.

Thing is, neff’s role as acting chief places him at the centre of this controversy. His misleading statements to the court and subsequent admission of data analysis have fuelled criticism that the DOJ isn't being transparent about its intentions or methods.

Legal Missteps and Litigation Chaos

Beyond the misleading claims about data usage, the DOJ has also stumbled in the legal process. In Washington state, for example, the department failed to properly serve its lawsuit against Secretary of State Steve Hobbs, missing critical deadlines and filing inaccurate paperwork. The court ordered the DOJ to prove it had served Hobbs or face dismissal, but the department’s attempts to rectify the issue only deepened confusion.

These legal missteps hurt the DOJ’s credibility in its push for voter data and show a lack of attention to legal details in this heated matter.

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So far, the DOJ hasn’t publicly responded to requests for comment on these issues. Meanwhile, the ongoing lawsuits and court orders continue to highlight the tension between federal efforts to scrutinise voter rolls and states’ concerns over privacy and election security. How the agency moves forward could have lasting implications for trust in the electoral system.

This article was created with AI assistance.