Case: United States v. Simon

0:25-cv-03761 | U.S. District Court for the District of Minnesota

Filed Date: Sept. 25, 2025

Case Ongoing

Clearinghouse coding in progress

Case Summary

Filed on September 25, 2025, in the U.S. District Court for the District of Minnesota before District Judge Katherine M. Menendez, United States v. Simon is one of six parallel enforcement actions brought by the U.S. Department of Justice, Civil Rights Division, against state election officials in California, New Hampshire, New York, Michigan, Pennsylvania, and Minnesota. Collectively, these suits allege that the defendant states failed to comply with federal requirements for voter list mainten…

Filed on September 25, 2025, in the U.S. District Court for the District of Minnesota before District Judge Katherine M. Menendez, United States v. Simon is one of six parallel enforcement actions brought by the U.S. Department of Justice, Civil Rights Division, against state election officials in California, New Hampshire, New York, Michigan, Pennsylvania, and Minnesota. Collectively, these suits allege that the defendant states failed to comply with federal requirements for voter list maintenance and refused to provide the Attorney General with voter registration data necessary to verify compliance.

The United States sued the State of Minnesota and Steve Simon, in his official capacity as Minnesota Secretary of State, for violating the Civil Rights Act of 1960 (CRA) and the Help America Vote Act of 2002 (HAVA) by refusing to provide an unredacted copy of Minnesota’s Statewide Voter Registration List (SVRL). The Department requested the list—including voter names, residential addresses, dates of birth, driver’s license numbers, and the last four digits of Social Security numbers—as well as documents describing Minnesota’s procedures for maintaining accurate rolls.

The complaint details a months-long exchange between the DOJ Civil Rights Division’s Voting Section and the Minnesota Secretary of State’s Office. In response to DOJ’s June 25 and August 13, 2025, letters demanding the SVRL, Minnesota officials refused, citing state privacy laws that prohibit disclosure of certain voter information. DOJ argues these laws are preempted by federal law and highlights that Minnesota already provides identical data to the Electronic Registration Information Center (ERIC), a private interstate data-sharing organization, undermining the claimed privacy rationale.

The complaint asserts two causes of action:

  1. Civil Rights Act of 1960 (52 U.S.C. § 20703): Minnesota unlawfully refused to produce voter registration records demanded by the Attorney General.
  2. Help America Vote Act (52 U.S.C. § 21083): Minnesota failed to comply with HAVA’s list-maintenance requirements and obstructed the Attorney General’s ability to assess that compliance.
    The United States seeks declaratory and injunctive relief requiring Minnesota to provide a complete, electronic copy of its SVRL—including all identifying fields for active and inactive voters—and to declare that any conflicting provisions of state law are preempted by the CRA and HAVA. No monetary damages or attorneys’ fees are requested.

This case is ongoing.

Summary Authors

Michael Vandergriff (10/9/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71453336/parties/united-states-v-simon/


Judge(s)
Attorney for Plaintiff

Bennett, Brittany (Minnesota)

Attorney for Defendant

Astarita, Julianna D. (Minnesota)

Dunlop, Sybil L (Minnesota)

Frost, Elisabeth C. (Minnesota)

Golan-Vilella, Robert (Minnesota)

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Documents in the Clearinghouse

Document
1

0:25-cv-03761

Complaint

Sept. 25, 2025

Sept. 25, 2025

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/71453336/united-states-v-simon/

Last updated Oct. 19, 2025, 12:47 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants filed by United States. Filer requests summons issued. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Cover Sheet Attachment) (Tucker, James) (Entered: 09/25/2025)

1 Civil Cover Sheet

View on RECAP

2 Civil Cover Sheet Attachment

View on RECAP

Sept. 25, 2025

Sept. 25, 2025

Clearinghouse
2

(Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Katherine M. Menendez per Civil (3rd, 4th - Civil Rights) list, referred to Magistrate Judge Elsa M. Bullard. Please use case number 25-cv-3761 (KMM/EMB).Notice: All Nongovernmental Corporate Parties must file a Rule 7.1 Corporate Disclosure Statement. (MKB) (Entered: 09/25/2025)

Sept. 25, 2025

Sept. 25, 2025

PACER
3

Summons Issued as to Minnesota, State of, Steve Simon. (MKB) (Entered: 09/25/2025)

Sept. 25, 2025

Sept. 25, 2025

PACER
4

(Text-Only) Notice re: Non-Admitted AttorneyWe have received documents listing Maureen S. Riordan, Brittany Bennett, Timothy Mellett as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at www.mnd.uscourts.gov/forms/all-forms. (MKB) (Entered: 09/25/2025)

Sept. 25, 2025

Sept. 25, 2025

PACER
10

Declaration of Bruce Yernberg in Support of 5 MOTION to Intervene filed by Misael Hernandez, Minnesota Alliance for Retired Americans Educational Fund.(Dunlop, Sybil) (Entered: 09/30/2025)

Sept. 30, 2025

Sept. 30, 2025

PACER
11

Declaration of Marianne Yernberg in Support of 5 MOTION to Intervene filed by Misael Hernandez, Minnesota Alliance for Retired Americans Educational Fund.(Dunlop, Sybil) (Entered: 09/30/2025)

Sept. 30, 2025

Sept. 30, 2025

PACER
12

Declaration of Misael Hernandez in Support of 5 MOTION to Intervene filed by Misael Hernandez, Minnesota Alliance for Retired Americans Educational Fund.(Dunlop, Sybil) (Entered: 09/30/2025)

Sept. 30, 2025

Sept. 30, 2025

PACER
13

RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation owning 10 percent or more of its stock, or any subsidiaries to report for Misael Hernandez, Minnesota Alliance for Retired Americans Educational Fund. (Dunlop, Sybil) (Entered: 09/30/2025)

Sept. 30, 2025

Sept. 30, 2025

PACER
14

MEET and CONFER STATEMENT re 5 Motion to Intervene filed by Misael Hernandez, Minnesota Alliance for Retired Americans Educational Fund.(Dunlop, Sybil) (Entered: 09/30/2025)

Sept. 30, 2025

Sept. 30, 2025

PACER
15

PROPOSED ORDER TO JUDGE re 5 MOTION to Intervene filed by Misael Hernandez, Minnesota Alliance for Retired Americans Educational Fund.(Dunlop, Sybil) (Entered: 09/30/2025)

Sept. 30, 2025

Sept. 30, 2025

PACER
5

MOTION to Intervene filed by Minnesota Alliance for Retired Americans Educational Fund, Misael Hernandez. (Dunlop, Sybil) (Entered: 09/30/2025)

Sept. 30, 2025

Sept. 30, 2025

RECAP
6

NOTICE OF HEARING ON MOTION 5 MOTION to Intervene : Motion Hearing set for 10/29/2025 at 01:00 PM in Courtroom 3C (STP) before Magistrate Judge Elsa M. Bullard. (Dunlop, Sybil) (Entered: 09/30/2025)

Sept. 30, 2025

Sept. 30, 2025

PACER
7

MEMORANDUM in Support re 5 MOTION to Intervene filed by Misael Hernandez, Minnesota Alliance for Retired Americans Educational Fund. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Dunlop, Sybil) (Entered: 09/30/2025)

1 LR7.1/LR72.2 Word Count Compliance Certificate

View on PACER

Sept. 30, 2025

Sept. 30, 2025

RECAP
8

EXHIBIT List re 7 Memorandum in Support of Motion filed by Misael Hernandez, Minnesota Alliance for Retired Americans Educational Fund. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E)(Dunlop, Sybil) (Entered: 09/30/2025)

1 Exhibit(s) A

View on RECAP

2 Exhibit(s) B

View on RECAP

3 Exhibit(s) C

View on RECAP

4 Exhibit(s) D

View on RECAP

5 Exhibit(s) E

View on RECAP

Sept. 30, 2025

Sept. 30, 2025

RECAP
9

Declaration of Michael Madden in Support of 5 MOTION to Intervene filed by Misael Hernandez, Minnesota Alliance for Retired Americans Educational Fund.(Dunlop, Sybil) (Entered: 09/30/2025)

Sept. 30, 2025

Sept. 30, 2025

PACER
16

NOTICE of Appearance by Kshithij Shrinath on behalf of Misael Hernandez, Minnesota Alliance for Retired Americans Educational Fund. (Shrinath, Kshithij) (Entered: 10/01/2025)

Oct. 1, 2025

Oct. 1, 2025

PACER
17

NOTICE of Appearance by Katherine M. Swenson on behalf of Misael Hernandez, Minnesota Alliance for Retired Americans Educational Fund. (Swenson, Katherine) (Entered: 10/01/2025)

Oct. 1, 2025

Oct. 1, 2025

PACER
18

MOTION to Stay filed by United States of America. ( Attachments: # 1 Proposed Order)(Tucker, James) Modified text on 10/2/2025 (MMG). (Entered: 10/01/2025)

Oct. 1, 2025

Oct. 1, 2025

PACER
19

(Text-Only) ORDER: Upon review and for good cause shown, Plaintiffs Motion for a Stay of Case 18 is GRANTED. This action is stayed in its entirety pending the restoration of appropriations to the Department of Justice. The United States shall notify the Court once Congress has restored appropriations, after which the Court will reset case deadlines commensurate with the duration of the lapse in appropriations and, if necessary, reschedule the pending motion hearing. Signed by Magistrate Judge Elsa M. Bullard on 10/2/2025. (KMJ) Modified text on 10/2/2025 (ABR). (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

PACER

Order on Motion to Stay

Oct. 2, 2025

Oct. 2, 2025

PACER
20

MOTION for Admission Pro Hac Vice for Attorney Julianna Astarita. Filing fee $ 150, receipt number AMNDC-12284818 filed by Misael Hernandez, Minnesota Alliance for Retired Americans Educational Fund. (Dunlop, Sybil) (Entered: 10/03/2025)

Oct. 3, 2025

Oct. 3, 2025

PACER
21

MOTION for Admission Pro Hac Vice for Attorney Elisabeth C. Frost. Filing fee $ 150, receipt number AMNDC-12284855 filed by Misael Hernandez, Minnesota Alliance for Retired Americans Educational Fund. (Dunlop, Sybil) (Entered: 10/03/2025)

Oct. 3, 2025

Oct. 3, 2025

PACER
22

MOTION for Admission Pro Hac Vice for Attorney Robert Golan-Vilella. Filing fee $ 150, receipt number AMNDC-12284864 filed by Misael Hernandez, Minnesota Alliance for Retired Americans Educational Fund. (Dunlop, Sybil) (Entered: 10/03/2025)

Oct. 3, 2025

Oct. 3, 2025

PACER
23

MOTION for Admission Pro Hac Vice for Attorney Tina Meng Morrison. Filing fee $ 150, receipt number AMNDC-12284871 filed by Misael Hernandez, Minnesota Alliance for Retired Americans Educational Fund. (Dunlop, Sybil) (Entered: 10/03/2025)

Oct. 3, 2025

Oct. 3, 2025

PACER
24

(Text-Only) ORDER granting 20 Motion for Admission Pro Hac Vice of Attorney Julianna D. Astarita for Misael Hernandez and Retired Americans Educational Fund.; granting 21 Motion for Admission Pro Hac Vice of Attorney Elisabeth C. Frost for Misael Hernandez and Minnesota Alliance for Retired Americans Educational Fund.; granting 22 Motion for Admission Pro Hac Vice of Attorney Robert Golan-Vilella for Misael Hernandez and Minnesota Alliance for Retired Americans Educational Fund.; granting 23 Motion for Admission Pro Hac Vice of Attorney Tina Meng Morrison for Misael Hernandez and Minnesota Alliance for Retired Americans Educational Fund. Approved by Magistrate Judge Elsa M. Bullard on 10/6/2025. (jam) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

PACER

Order on Motion for Admission Pro Hac Vice AND Order on Motion for Admission Pro Hac Vice AND Order on Motion for Admission Pro Hac Vice AND Order on Motion for Admission Pro Hac Vice

Oct. 6, 2025

Oct. 6, 2025

PACER
25

MOTION for Admission Pro Hac Vice for U.S. Government Attorney Brittany Bennett. (KMO) (Entered: 10/09/2025)

Oct. 9, 2025

Oct. 9, 2025

PACER
26

TEXT ONLY ENTRY: ORDER granting 25 Motion for Admission Pro Hac Vice of U.S. Government Attorney Brittany Bennett for United States of America. Approved by Magistrate Judge Elsa M. Bullard on 10/9/2025. (KMO) (Entered: 10/09/2025)

Oct. 9, 2025

Oct. 9, 2025

PACER

Order on Motion for Admission Pro Hac Vice of U.S. Government Attorney

Oct. 9, 2025

Oct. 9, 2025

PACER
27

(Text-Only) ORDER/NOTICE TO ATTORNEY. The Court previously stayed this action in light of the lapse of appropriations to the Department of Justice. (See Dkt. No. 19.) Because Congress has not yet restored appropriations, the hearing scheduled for October 29, 2025, is cancelled, to be reset following the restoration of appropriations. Ordered by Magistrate Judge Elsa M. Bullard on 10/14/2025.(KMJ) (Entered: 10/14/2025)

Oct. 14, 2025

Oct. 14, 2025

PACER
28

NOTICE of Appearance by David Paul McKinney on behalf of Common Cause, League of Women Voters of Minnesota, Valerie Mangskau, Jennifer Compeau. (McKinney, David) (Entered: 10/14/2025)

Oct. 14, 2025

Oct. 14, 2025

PACER
29

MOTION to Intervene filed by Common Cause, Jennifer Compeau, League of Women Voters of Minnesota, Valerie Mangskau. (McKinney, David) (Entered: 10/14/2025)

Oct. 14, 2025

Oct. 14, 2025

PACER
30

NOTICE OF HEARING ON MOTION 29 MOTION to Intervene : Date and time to be determined. (McKinney, David) (Entered: 10/14/2025)

Oct. 14, 2025

Oct. 14, 2025

PACER
31

MEMORANDUM in Support re 29 MOTION to Intervene filed by Common Cause, Jennifer Compeau, League of Women Voters of Minnesota, Valerie Mangskau. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(McKinney, David) (Entered: 10/14/2025)

1 LR7.1/LR72.2 Word Count Compliance Certificate

View on PACER

Oct. 14, 2025

Oct. 14, 2025

PACER
32

EXHIBIT List re 31 Memorandum in Support of Motion, filed by Common Cause, Jennifer Compeau, League of Women Voters of Minnesota, Valerie Mangskau. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E)(McKinney, David) (Entered: 10/14/2025)

1 Exhibit(s) A

View on PACER

2 Exhibit(s) B

View on PACER

3 Exhibit(s) C

View on PACER

4 Exhibit(s) D

View on PACER

5 Exhibit(s) E

View on PACER

Oct. 14, 2025

Oct. 14, 2025

PACER
33

MEET and CONFER STATEMENT re 29 Motion to Intervene filed by Common Cause, Jennifer Compeau, League of Women Voters of Minnesota, Valerie Mangskau.(McKinney, David) (Entered: 10/14/2025)

Oct. 14, 2025

Oct. 14, 2025

PACER
34

PROPOSED ORDER TO JUDGE re 29 MOTION to Intervene filed by Common Cause, Jennifer Compeau, League of Women Voters of Minnesota, Valerie Mangskau.(McKinney, David) (Entered: 10/14/2025)

Oct. 14, 2025

Oct. 14, 2025

PACER
35

RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation owning 10 percent or more of its stock, or any subsidiaries to report for Common Cause. (McKinney, David) (Entered: 10/14/2025)

Oct. 14, 2025

Oct. 14, 2025

PACER
36

RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation owning 10 percent or more of its stock, or any subsidiaries to report for League of Women Voters of Minnesota. (McKinney, David) (Entered: 10/14/2025)

Oct. 14, 2025

Oct. 14, 2025

PACER
37

MOTION for Admission Pro Hac Vice for Attorney Theresa J. Lee. Filing fee $ 150, receipt number AMNDC-12303796 filed by Common Cause, Jennifer Compeau, League of Women Voters of Minnesota, Valerie Mangskau. (McKinney, David) (Entered: 10/14/2025)

Oct. 14, 2025

Oct. 14, 2025

PACER
38

MOTION for Admission Pro Hac Vice for Attorney Sophia Lin Lakin. Filing fee $ 150, receipt number AMNDC-12303825 filed by Common Cause, Jennifer Compeau, League of Women Voters of Minnesota, Valerie Mangskau. (McKinney, David) (Entered: 10/14/2025)

Oct. 14, 2025

Oct. 14, 2025

PACER
39

MOTION for Admission Pro Hac Vice for Attorney Patricia Yan. Filing fee $ 150, receipt number AMNDC-12303840 filed by Common Cause, Jennifer Compeau, League of Women Voters of Minnesota, Valerie Mangskau. (McKinney, David) (Entered: 10/14/2025)

Oct. 14, 2025

Oct. 14, 2025

PACER

Order/Notice to Attorney

Oct. 14, 2025

Oct. 14, 2025

PACER

Order on Motion for Admission Pro Hac Vice AND Order on Motion for Admission Pro Hac Vice AND Order on Motion for Admission Pro Hac Vice

Oct. 17, 2025

Oct. 17, 2025

PACER

Case Details

State / Territory: Minnesota

Case Type(s):

Presidential/Gubernatorial Authority

Election/Voting Rights

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Trump Administration 2.0: Litigation and Investigations Involving the Government

Key Dates

Filing Date: Sept. 25, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Steve Simon, Secretary of State for the State of Minnesota.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Steve Simon, Secretary of State, State

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Civil Rights Act of 1957/1960, 52 U.S.C. § 10101 (previously 42 U.S.C. § 1971)

Help America Vote Act (HAVA), 52 U.S.C. § 20901 et seq (previously 42 U.S.C. § 15301 et seq)

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Document/information produced

Source of Relief:

Litigation

Issues

Voting:

Voter registration rules