Filed Date: Jan. 6, 2026
Case Ongoing
Clearinghouse coding complete
This case involved a suit filed by the Attorney General of the United States against the Secretary of State for the State of Arizona seeking to compel Arizona’s statewide voter registration list, which includes sensitive personal information. Here are all of the DOJ Voter Data lawsuits in the Clearinghouse collection.
The U.S. Attorney General, on behalf of the U.S. Department of Justice (DOJ), claimed authority to compel the statewide voter registration list under the National Voter Registration Act (NVRA), the Help America Vote Act (HAVA), and the Civil Rights Act of 1960 (CRA). Both the NVRA and HAVA require States to maintain and preserve certain records and papers relating to elections that fall within the scope of Section 301 of Title III of the CRA. Section 301 of the CRA requires state election officials to “retain and preserve … all records and papers which come into [their] possession relating to any application, registration, payment of poll tax, or other act requisite to voting in such election.” Section 303 of the CRA provides that such records “shall, upon demand in writing by the Attorney General … be made available for inspection, reproduction, and copying at the principal office of such custodian by the Attorney General or his representative….”
Based on this authority, the DOJ sent a letter to the Secretary of State of Arizona, Adrian Fontes, on July 28 and August 14, 2025, seeking information regarding Arizona’s compliance with federal election law, including the state’s voter registration list and accompanying information on each registered voter: full name, date of birth, residential address, state driver’s license number, and the last four digits of the registrant’s social security number. When Secretary Fontes declined to provide the information, citing federal and state privacy law, the DOJ brought suit against Secretary Fontes in the U.S. District Court for the District of Arizona on January 6, 2026. The case was assigned to Judge Susan Marie Brnovich.
In the complaint, the DOJ alleged that the CRA granted “sweeping power to obtain [the requested records.” Further, DOJ argued that if the custodian to whom the written demand is made refuses to comply, the CRA allows the DOJ to “request a Federal court to issue an order directing the officer of election to produce the demanded records.” Relying on Kennedy v. Lynd, 306 F.2d 222, 226 (5th Cir. 1962) and In re Gordon, 218 F. Supp. 826, 826-27 (S.D. Miss. 1963), the DOJ further argued that the reviewing court does not adjudicate “the factual foundation for, or the sufficiency of, the Attorney General’s ‘statement of the basis and the purpose’ contained in the written demand” or “the scope of the order to produce.”
In relief, the DOJ sought a declaration that Secretary Fontes’s refusal violated Title III of the CRA, and an order compelling Secretary Fontes to provide Arizona's statewide voter registration list, “with all fields.” On January 7, 2026, the DOJ also filed a motion to compel the aforementioned records.
On January 8, 2026, the Arizona Alliance for Retired Americans filed a motion to intervene as a defendant. Another motion to intervene was filed on January 14 by Common Cause, a nonpartisan organization dedicated to grassroots voter engagement in Arizona, and individual Arizona voters.
The case is ongoing.
Summary Authors
Madena Mustafa (2/12/2026)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72110941/parties/united-states-v-fontes/
Brnovich, Susan Marie (Arizona)
Bennett, Brittany (Arizona)
Accardi, Max C (Arizona)
Cummings, Kyle (Arizona)
Brannon, Sarah E (Arizona)
See docket on RECAP: https://www.courtlistener.com/docket/72110941/united-states-v-fontes/
Last updated March 1, 2026, 12:09 a.m.
State / Territory:
Case Type(s):
Special Collection(s):
Trump Administration 2.0: Litigation and Investigations By the Government
Key Dates
Filing Date: Jan. 6, 2026
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
The United States of America
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
Secretary of State for the State of Arizona, State
Defendant Type(s):
Case Details
Other Dockets:
District of Arizona 2:26-cv-00066
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Sought:
Relief Granted:
Source of Relief:
Issues
Voting: