Nebraska Judge Dismisses Lawsuit to Block Voter Data Release to Feds

State plans to hand over voter data to Justice Department this week despite privacy concerns

Published on Feb. 9, 2026

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A Lancaster County District Court judge dismissed a lawsuit filed by the voting advocacy group Common Cause that sought to stop the state of Nebraska from handing over its voter data to the U.S. Department of Justice. The judge ruled that Common Cause lacks standing to sue because the alleged harm is speculative and not imminent. Nebraska Secretary of State Bob Evnen has said he plans to provide the voter data to the DOJ on Thursday, though he will include a letter reminding the agency of its obligation to keep the information confidential.

Why it matters

This case highlights the ongoing tension between states' rights to protect voter privacy and the federal government's efforts to obtain voter data nationwide. Critics have raised concerns about the safety of consolidating state voter data in one place under the control of the federal administration.

The details

The lawsuit filed by Common Cause argued that Nebraska law does not give federal officials special rights to access residents' private voter information. However, the state argued that federal agencies still play a valuable role in overseeing elections. The judge did not rule on the legal question at the heart of the lawsuit, instead finding that Common Cause lacks standing to sue. Nebraska plans to provide the voter data to the DOJ, which has requested similar information from 44 states and D.C. so far.

  • On February 9, 2026, a Lancaster County District Court judge dismissed the lawsuit filed by Common Cause.
  • On February 10, 2026, Nebraska Secretary of State Bob Evnen plans to hand over the voter data to the U.S. Department of Justice.

The players

Lori Maret

A Lancaster County District Court judge who dismissed the lawsuit filed by Common Cause.

Bob Evnen

The Nebraska Secretary of State who plans to provide voter data to the U.S. Department of Justice.

Common Cause

A voting advocacy group that filed the lawsuit to stop Nebraska from handing over voter data to the federal government.

U.S. Department of Justice

The federal agency that has requested voter data from 44 states and D.C. so far, citing a need to ensure accurate voter registration rolls.

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What they’re saying

“We believe in the merits of this case, and we will exhaust every option to protect voters. Nebraskans shouldn't have to wait until they experience catastrophic harm to demand that the state protect their private data.”

— Gavin Geis, Nebraska Executive Director, Common Cause (Nebraska Examiner)

What’s next

The Nebraska Court of Appeals has docketed the case after Common Cause appealed the district court's dismissal of the lawsuit.

The takeaway

This case highlights the ongoing debate over states' rights to protect voter privacy versus the federal government's efforts to obtain voter data nationwide. The outcome could set a precedent for how states handle requests for voter information from the federal administration.