ACLU Sues to Protect Delaware Voter Data from Federal Request

Delaware Battles Trump Administration Over Voter Data Access

DELAWARE – The American Civil Liberties Union (ACLU) of Delaware and the national ACLU have filed motions to intervene in U.S. V. Albence on behalf of several clients, including the Delaware Coalition Against Domestic Violence (DCADV), La Esperanza, and the Latin American Community Center (LACC), to protect the sensitive personal data of Delaware residents. The intervention comes as the U.S. Department of Justice (DOJ) seeks to compel the State of Delaware to disclose voter information, sparking concerns about privacy and potential misuse.

According to the ACLU, the motion to intervene as defendants was filed alongside a motion to dismiss the case. The federal government’s lawsuit aims to force Delaware to release sensitive voter data, such as driver’s license numbers and Social Security information, for hundreds of thousands of Delawareans.

The DOJ initially contacted Delaware State Election Commissioner Anthony Albence on July 11, 2025, requesting information about registered voters potentially ineligible due to citizenship status. The ACLU states the DOJ provided no evidence of widespread ineligible voter registration in Delaware. Further requests, made on August 14, 2025, demanded the complete statewide voter registration list, including full names, dates of birth, residential addresses, driver’s license numbers, or the last four digits of Social Security numbers. No explanation was provided for the need for this data, according to the ACLU.

The state initially offered the publicly available voter registration list, but the DOJ deemed it insufficient. The ACLU argues that the federal government’s request threatens the privacy rights of Delawareans, particularly those involved in sensitive situations.

The ACLU asserts that both federal and state laws protect the privacy of Delaware residents, especially concerning information related to activities protected by the First Amendment. Delaware state law also includes provisions designed to protect voter rights and prevent discrimination and privacy invasions.

The DOJ reportedly did not respond to Delaware officials’ inquiries regarding how the requested data could be transferred without violating state or federal laws, nor did it provide a sufficient legal basis or valid purpose for the request. A former DOJ attorney reportedly indicated that the current administration directed the Civil Rights Division to obtain state voter rolls, even through litigation if necessary.

The federal government has filed similar lawsuits in over 20 states, seeking to compel the disclosure of sensitive voter data. Andrew Bernstein, a staff attorney with the ACLU of Delaware, emphasized the importance of protecting sensitive data, stating, “Protecting the sensitive data of all people from this request is critical to ensuring that Delaware residents have confidence in elections.” He added that the potential consequences of misuse are particularly severe for certain voters, such as immigrants and survivors of domestic violence. “Nobody should have to worry about these risks when exercising their right to vote,” Bernstein said.

The ACLU points to recent events in Minnesota as evidence that the administration has linked this effort to its immigration agenda and threats against states it perceives as political adversaries.

Sue Ryan, Executive Director of the Delaware Coalition Against Domestic Violence, affirmed her organization’s commitment to protecting the privacy and confidentiality of domestic violence survivors, including their voter registration information. She expressed support for the state of Delaware and the ACLU in their efforts to safeguard voter privacy.

On February 3, 2026, the ACLU of Delaware and the national ACLU filed the motion to intervene. On February 4, 2026, the United States District Court for the District of Delaware granted the motion to intervene. The case remains active as of today, February 4, 2026.