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The Nebraska Supreme Court has ruled that the voter data case is moot because the feds already have the data

Voting booths at the Lancaster County Board of Elections office on April 24, 2026. (Juan Salinas II/Nebraska Examiner)

LINCOLN — The Nebraska Supreme Court ruled Friday that a lawsuit seeking to stop the state from turning over potentially sensitive voter information to the U.S. Department of Justice is moot and dismissed an appeal.

The court wrote in its ruling: “Because Nebraska’s list of registered voters has already been made available to the Department of Justice, this issue is moot, and we decline to apply the public interest exception to the impartiality doctrine. Accordingly, the appeal and cross-appeal are dismissed.”

The lawsuit was filed last fall by the voting rights group Common Cause and Omaha voter Dawn Essink against Secretary of State Bob Evnen. In February, a Lancaster County District Court judge ruled it a common cause he had no legal standing because the alleged damage was speculative and not imminent.

Shortly after this ruling, Evennen released voter data to the federal government.

Lawyers for the plaintiffs asked the Supreme Court to overturn Lancaster County’s decision. State attorneys argued that the lower court’s decision should be upheld, saying it was too delayed to stop data sharing.

The Trump administration has asked states for detailed information from state voter rolls, including names, dates of birth, driver’s license numbers and the last four digits of voters’ Social Security numbers, saying it wants the information to ensure correct voter registration.

The state Supreme Court agreed hear the case but denied a request for an injunction that would have prevented Evnen from turning over voter data to the Justice Department.

Nebraska is one of 16 states that have submitted complete voter rolls, while three states have only submitted data already publicly available or instructions on how to obtain it. The Justice Department requested voter records from almost every state and Washington, D.C

A federal judge has blocked the Trump administration from creating a national database with information earlier this week. Another federal judge recently dismissed a DOJ lawsuit This sought access to Maryland voter records. President Donald Trump’s executive order there was also a restriction on postal voting blocked this week by a federal judgealthough the verdict will most likely be appealed.

Democratic-led states and some under Republican leadership have refused or are retreating against federal data collection efforts, with some citing state laws protecting residents’ data and privacy.

Common Cause Nebraska executive director Gavin Geis said in a statement that the group fought to keep Nebraska voter data “secure” and “now the fight will move to the Legislature” as its members work to “strengthen state laws.”

“Voters need to feel safe knowing that registering to vote will not expose them to data risks or intimidation. We will continue to push for voters to have that assurance,” Geis said.

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This story was originally produced by Nebraska Examinerwhich is part of States Newsroom, a nonprofit news network that includes the Ohio Capital Journal and is supported by grants and a coalition of donors as a 501c(3) public charity.

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