Today, Common Cause, the ACLU National Voting Rights Project, the ACLU of Hawai’i, and two Hawai’i voters filed a motion to intervene in the federal case United States of America v. Nago. The motion seeks to prevent the Department of Justice (DOJ) from obtaining personal information about Hawai‘i voters.
In September, the DOJ requested access to voter records including full names, dates of birth, addresses, driver’s license numbers, and partial Social Security numbers. State law protects this data as sensitive information. Scott Nago, Hawai‘i Chief Elections Officer, declined to provide the data due to these protections.
The groups and individuals involved argue that releasing such information could threaten voter privacy and increase risks of disenfranchisement for many residents. Those joining the case include a naturalized citizen and former governor Neil Abercrombie. They state that their backgrounds may put them at greater risk if their data is shared with federal authorities.
Camron Hurt, Common Cause’s Hawai‘i State Director, said: “Unelected bureaucrats in Washington have no business accessing Hawai‘i voters’ sensitive personal information. Handing this data over to the federal government violates the law and would put voters’ private information in the hands of dangerous election conspiracy peddlers. Common Cause is fighting to protect the rights of Hawai‘i voters and to prevent the potential misuse of their data.”
Maryam Jazini Dorcheh, Senior Director of Litigation at Common Cause added: “Voters in Hawai‘i and across the country deserve to know their personal information is secure and used only for its intended purpose of maintaining accurate records. We are committed to defending voters’ rights and privacy in Hawai‘i and nationwide, and this case is one of many where we are stepping in to ensure those protections are upheld.”
Emily Hill, ACLU-HI Senior Staff Attorney said: “The federal government has clearly signaled that this demand for data is about consolidating authoritarian power, not any legitimate government use. The Hawaiʻi Constitution protects our right to privacy, prohibiting the state from turning over our private information unless explicitly required to by federal law — which in this case, it is not. As the federal government continues to target our immigrant neighbors, the LGBTQ+ community, and anyone opposing their agenda, Hawaiʻi must not hand them information that further erodes our constitutional rights. We stand together with our friends from Common Cause and other groups here in Hawaiʻi who believe in protecting our democracy.”
Common Cause has previously taken similar actions elsewhere by filing lawsuits or motions regarding voter data protection in states such as Nebraska; it has also joined efforts with ACLU Voting Rights Project as defendants against DOJ lawsuits concerning voter data access in Colorado, Georgia, Illinois, Maryland, Massachusetts, Minnesota, New Mexico, Pennsylvania, Rhode Island Washington DC ,and Wisconsin.
