Michigan Voter Roll Case Could Reach Supreme Court First

A fast-moving appeals court and its political makeup could put Michigan's voter roll case at the center of the DOJ's push to win access to state voter registration data.

Mar. 16, 2026 at 10:00am

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Michigan is now defending its refusal to share unredacted voter roll data with the U.S. Department of Justice in an ongoing federal court case. The Justice Department has appealed similar rulings in Michigan, Oregon, and California, but Michigan's case is moving through a faster appellate circuit and could reach the Supreme Court first before the November midterm elections.

Why it matters

The DOJ is suing several states over their refusal to share unredacted voter roll data, arguing it is necessary to ensure election security. However, Michigan and other states have refused, citing privacy concerns and arguing the DOJ's requests violate federal and state laws. This case could have significant implications for voter data access and election administration.

The details

The Justice Department filed an appeal within two days of the order appearing on the docket in the Michigan case, compared to much slower responses in other states, suggesting they are pushing the Michigan case the most. The Sixth Circuit Court of Appeals has partially granted the DOJ's request for an expedited briefing schedule, with briefs due by the end of March and mid-April. A federal judge had previously dismissed the DOJ's lawsuit against Michigan, ruling that none of the laws cited required the state to disclose the full voter roll data.

  • The Michigan primary election is scheduled for August 4, 2026.
  • The National Voter Registration Act bans states from doing list maintenance within 90 days of an election.

The players

U.S. Department of Justice

The federal agency that has sued Michigan and several other states over their refusal to share unredacted voter roll data.

Michigan Department of State

The state agency that has refused to share unredacted voter roll data with the DOJ, citing privacy concerns and arguing the DOJ's requests violate federal and state laws.

Jocelyn Benson

Michigan Secretary of State who has called the DOJ's lawsuit and initial requests for voter roll access an "overreach."

Dana Nessel

Michigan Attorney General who has vowed to continue protecting the personal data of Michigan residents and not be "bullied" into violating their privacy rights.

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What they’re saying

“We will not be bullied into violating the privacy rights of residents.”

— Dana Nessel, Michigan Attorney General

“Michigan voters need to know that its elections are secure and that noncitizens, deceased [individuals] and voters with multiple records are not registered to vote in its elections.”

— U.S. Department of Justice

What’s next

The judge in the case will decide in the coming weeks whether to grant the DOJ's request for an expedited briefing schedule, which could put Michigan's case on a faster track to potentially reach the Supreme Court before the November midterm elections.

The takeaway

This case highlights the ongoing tensions between states' rights to protect voter privacy and the federal government's efforts to ensure election integrity, with the Supreme Court potentially poised to weigh in on the balance between these competing interests before the crucial 2026 midterm elections.