WASHINGTON D.C. (KEYT) – On Wednesday, over a quarter of the U.S. Senate noted that the National Voter Registration Act of 1993 prohibits major changes to voter rolls within 90 days of an election and urged the Trump Administration to confirm its intent to follow federal law.
"The 2026 general election will be held on Tuesday, November 3, less than 90 days away," opened Wednesday's letter to the Acting Attorney General and Secretary of Homeland Security. "We are writing to remind you that any efforts directing states to conduct mass voter purges, including by using the deeply flawed Systematic Alien Verification for Entitlements (SAVE) program to purge voter rolls, would violate the 90-day 'quiet period' mandated by the National Voter Registration Act of 1993."
In October of last year, a class action lawsuit, League of Women Voters v. U.S. Department of Homeland Security, was filed in federal court in Washington D.C. and sought to halt the use of an existing federal database to double check state's voter registrations.
The database, known as the Systemic Alien Verification for Entitlements (SAVE) system, is a decades-old tool for state and federal agencies to verify citizenship status for people looking to access government programs or licenses.
Updates that took effect in April and August of last year made the database more accessible by removing user fees for non-federal agencies and included a new partnership with the Social Security Administration.
According to U.S. Citizenship and Immigration Services as of late last year, election officials had already used the database to check the status of more than 33 million voters.
Since the update, several states established new agreements with the federal government to expand the use of the database or announced its use to purge voter rolls, and the Department of Homeland Security made millions of dollars in election security funding for states dependent on the use of the database and compliance with submitting state information to the federal government.
"We encourage states with questions to work with their state election offices for basic implementation requirements," shared the Federal Emergency Management Agency, which manages the election security grant program, last year. "If any state is not found to be compliant, we reserve the right to withhold funding or terminate the grants."
Changes to the conditions for states to access the election security funding also included the removal of language that prohibited the use of the federal funds, "to suppress voter registration or turnout".
On June 22, 2026, a federal court blocked the continued use of the system to purge voters.
"On June 22, 2026, following several months of litigation in League of Women Voters v. Department of Homeland Security, a D.C. federal district court set aside and vacated the 2025 modified SAVE program, finding it was 'contrary to law, arbitrary and capricious, in excess of statutory authority, and without observance of procedure required by law'," noted Wednesday's letter. "The court ordered DHS to undo the newly established bulk upload feature and dismantle its connection to sensitive Social Security Administration data."
Simultaneously, the Department of Justice has demanded private voter information from almost every state in the nation.
In January of this year, a federal judge in Califonria dismissed the Trump Administration's demand for legally protected voter information finding the Justice Department's request was "unprecedented and illegal".
While federal law does require states to maintain accurate voter rolls, Article I, Section 4 of the U.S. Constitution states that decisions regarding, "the times, places, and manner of holding Elections" are delegated to Congress and managed by each state.
The Section does not mention any executive branch position, office, or department.
"[T]he right to vote was won through generations of sacrifices from marginalized communities the American political system devalued, but who were determined to make the promise of democracy real," shared Judge Carter in his January dismissal. "The pieces of legislation at issue in this litigation were not passed as an unrestricted means for the Executive to collect highly sensitive information about the American people. It is not for the Executive, or even this Court to authorize the use of civil rights legislation as a tool to forsake the privacy rights of millions of Americans. That power belongs solely to Congress."
California wasn't alone in facing legal demands for voter information.
On Monday of this week, U.S. District Judge Philip Brimmer found the demands for private voter information of Colorado voters was also illegal, making it the 20th state to reject such demands from the Trump Administration.
No state that has been sued by the Trump Administration for private voter information has been required to provide that information by federal courts.
Those attempts to purge voter rolls and unlawfully obtain private voter information were noted in Wednesday's letter:
"This long-standing prohibition includes providing states with any incomplete and unverifiable voter roll analysis conducted by the Department of Homeland Security's (DHS) SAVE program, the use of which has also been enjoined by a D.C. federal district court. Relatedly, in light of this prohibition, the Department of Justice (DOJ) should drop its ongoing litigation to compel states to provide access to their voter registration lists and acquiesce to unlawful federal list maintenance. While we have previously expressed our concern about these tactics, we remind you of the settled law protecting voters in the lead up to an election and urge you to cease these efforts immediately."
The National Voter Registration Act of 1993 created a 90-day window where changes to voter rolls are prohibited to protect the right of voters to challenge their removal stating in 52 U.S.C. § 20507(c)(2), "A State shall complete, not later than 90 days prior to the date of a primary or general election for Federal office, any program the purpose of which is to systematically remove the names of ineligible voters from the official lists of eligible voters."
Wednesday's letter directly noted that even claims of removing non-citizen voters within the 90-day window have already been rejected by federal courts in two separate cases, See Mi Familia Vota v. Peterson last year and League of United Latin American Citizens of Arizona v. Reagan in 2018 and non-citizen who do vote in national elections still face federal prosecution.
"The DOJ should also drop its litigation to obtain state voter rolls and its continued threats to prosecute election officials," Wednesday's letter concluded. "As you know, DOJ has lost every federal case seeking to obtain states' unredacted voter lists so far. We remain deeply opposed to the waste of taxpayer funds and attacks on state election officials involved with DOJ's continued attempts to compel states to hand over unredacted voter rolls. The Trump Administration has done nothing to address concerns that this is all in service of an effort to create a nationwide voter file to be shared across the Executive Branch — and possibly with other unauthorized, partisan actors. At an absolute minimum, DOJ must abstain from any unlawful attempts to pressure states into conducting large-scale voter purges during the 90-day 'quiet period.'"
The 28 Senators who signed Wednesday's letter demanded Trump Administration officials confirm their intent to comply with federal law no later than Friday, August 7, 2026.
"The taking of democracy does not occur in one fell swoop; it is chipped away piece-by-piece until there is nothing left. The case before the Court is one of these cuts that imperils all Americans," concluded U.S. District Judge Carter in January's dismissal of the Justice Department's request for legally protected information on California voters. "The Department of Justice seeks to use civil rights legislation which was enacted for an entirely different purpose to amass and retain an unprecedented amount of confidential voter data. This effort goes far beyond what Congress intended when it passed the underlying legislation. The centralization of this information by the federal government would have a chilling effect on voter registration which would inevitably lead to decreasing voter turnout as voters fear that their information is being used for some inappropriate or unlawful purpose. This risk threatens the right to vote which is the cornerstone of American democracy."
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