SALT LAKE CITY — The U.S. Department of Justice confirmed to FOX 13 News it plans to appeal a federal judge's ruling dismissing a lawsuit against Lt. Governor Deidre Henderson that was seeking sensitive information on Utah voters.
"We intend to appeal," the agency said in a statement to FOX 13 News on Saturday.
On Friday, U.S. District Court Judge David Barlow threw out the lawsuit against Lt. Gov. Henderson, who is Utah's chief elections officer. She refused to hand over the state's unredacted voter rolls, arguing that state and federal law prohibited her from doing so. Voter rights groups like the NAACP and League of Women Voters of Utah had joined the lawsuit and defended the Lt. Governor, arguing that they believed such information is being used to compile a national database that could be used to target people.
Judge throws out lawsuit against Lt. Gov. Henderson seeking Utah voters' personal information:
Judge Barlow did not rule on privacy concerns raised by lawyers, but dismissed the DOJ's lawsuit on grounds that it is information the Lt. Governor compiled and is not something she can hand over under the Civil Rights Act. Judge Barlow dismissed it with prejudice, meaning it cannot be refiled.
Lt. Gov. Henderson on Friday said in a statement to FOX 13 News she was grateful for the ruling and "will continue to uphold the rule of law and safeguard the fundamental right to free, fair, and secure elections for the people of Utah."
The DOJ does have the option to appeal to the 10th U.S. Circuit Court of Appeals in Denver. So far, the DOJ has lost every lawsuit it has filed — up to 27 rulings now — seeking voter information.