SALT LAKE CITY — A federal judge has thrown out a lawsuit filed against Lt. Governor Deidre Henderson seeking access to protected information about Utah voters.
"We appreciate Judge Barlow’s ruling dismissing the Department of Justice’s lawsuit that sought to force us to disclose the private data of every Utah voter. Our office will continue to uphold the rule of law and safeguard the fundamental right to free, fair, and secure elections for the people of Utah," Lt. Gov. Henderson said in a statement to FOX 13 News reacting to the ruling.
In a social media post, the Lt. Governor wrote "0-27," signifying the Justice Department's record in similar cases in other states, along with a heart hands emoji.
In his ruling, U.S. District Court Judge David Barlow did not rule on privacy issues, but instead said the U.S. Department of Justice was not entitled to the information under the Civil Rights Act. Lt. Gov. Henderson had repeatedly said state and federal laws prevented her from handing over sensitive information on voters to the DOJ, which included Social Security numbers, birth dates, driver license and other personal information.
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"By Utah law, the Lieutenant Governor is tasked to 'develop, manage, and maintain' the SVRL [Statewide Voter Registration List] and 'regularly update [it] with information relevant to voter registration' — in other words, she creates Utah’s SVRL and facilitates its upkeep," he wrote. "Even though individual county clerks relay information to the Lieutenant Governor, she ultimately 'develop[s]' Utah’s SVRL. Whether the underlying information would constitute 'records or papers which come into [her] possession relating to any application, registration, payment of poll tax, or other act requisite to voting' is not the question before the court. The Attorney General clearly made a 'demand in writing' for Utah’s SVRL, not the underlying information relayed by individual county clerks. Because the record the Attorney General seeks is 'develop[ed]' by the Lieutenant Governor—and therefore does not 'come in [her] possession'—it falls outside of Title III’s ambit."
Judge Barlow dismissed the lawsuit with prejudice, meaning the U.S. Department of Justice cannot refile it.
Lt. Gov. Henderson found support from across the political spectrum. The nonpartisan League of Women Voters of Utah and the NAACP joined the lawsuit, defending her refusal to hand over voters' sensitive information. They expressed fears it could lead to a national voter database used to target people. The Democratic National Committee submitted a "friend of the court" brief siding with the Republican Lt. Governor.
"This is of course the right decision," said League of Women Voters of Utah President Katharine Biele. "The League of Women Voters believes, as does the Constitution, that states are in charge of elections."
The U.S. Department of Justice did not immediately respond to an email from FOX 13 News on Friday seeking comment on the ruling.
The DOJ had threatened Lt. Gov. Henderson with criminal prosecution for her refusal to hand over the information they sought. In an interview with FOX 13 News last month, Lt. Gov. Henderson vowed to go "as far as I need to" to protect voters' information.
"This is something that needs to play out in court, not through threats and intimidation, letters threatening to put election officials, including the chief election officer of a state in jail or prison," she said in the interview.
Read Judge Barlow's ruling here:
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