Common Cause files restraining order to prevent secretary of state from handing over sensitive voter data

Common Cause Nebraska on Wednesday filed a temporary restraining order in Lancaster County District Court to prevent Nebraska’s secretary of state from turning over voter data.

In the latest filing, the voting rights nonprofit argues the release of the voter information could violate state law and “irreparably harm Nebraska voters’ privacy,” including voters who are victims of stalking, domestic violence and sexual assault.

It is the latest court development in the U.S. Department of Justice’s move to acquire unredacted voter registration data from state election officials. In September 2025, the DOJ called on Nebraska Secretary of State Bob Evnen to provide a copy of the statewide voter registration list, which includes names, addresses, dates of births, drivers licenses numbers and the last four digits of Social Security numbers.

Last fall, Evnen’s office said it would consult with the attorney general’s office for “review and advice.”

In a statement to Nebraska Public Media News Thursday afternoon, Evnen said, “We were advised that the DOJ request is lawful, and at about the same time the lawsuit was filed. I was advised that the issue would be submitted to the judge for decision by the middle of October. That didn’t happen. It is important to get this before the court for a decision. For that reason, I informed the parties that we would provide the requested information on Feb. 12 unless the court ordered otherwise. The parties are now moving to get the issue decided, which is what needs to happen.”

In the Wednesday court filing, Common Cause’s attorney said that Evnen “retracted his commitment” to withholding the information as litigation played out.

A hearing has been scheduled for Jan. 29, but the Common Cause team is seeking a “temporary restraining order or temporary injunction” ahead of the January hearing date “to provide the Court with appropriate time to consider and rule on the motion.”

Common Cause argued that the DOJ request is demanding copies of the state’s entire voter register “via encrypted email or a file sharing platform.” Under state law, any member of the public can access certain portions of the voter registration file through a records request to the Nebraska Secretary of State’s Office, but only election officials and law enforcement can make copies of the voter file, and copies of the register “shall only be used” to maintain the voter registration file in accordance to state law or for law enforcement purposes.

Evnen on Thursday acknowledged federal and state privacy laws that affect how the DOJ can handle voter information.

“We will remind them of those duties when we provide the data, and I am confident that they will honor those requirements,” Evnen said in a statement.

The plaintiffs argue the voter information disclosure to federal officials would be against the law in this circumstance, since the DOJ request is not related to maintaining the voter registration list in accordance with state law, doesn’t explain the legitimate law enforcement purpose and “improperly requests access” to the list via the internet. They go on to argue that it remains to be seen what the DOJ intends to do with the information and how it intends to protect the sensitive voter data.

The request for voter registration data stems from efforts by President Donald Trump and his administration to investigate past elections. In June, Trump called for a special prosecutor to investigate the 2020 election that he lost to Joe Biden, restating an unproven claim that the election was marred by widespread fraud.

In his first term in office, Trump requested voter information data from states, and then-Secretary of State John Gale held off on fulfilling the request. He said he would only hand over the requested information if the administration’s Presidential Commission on Election Integrity gave “assurance that this request meets compliance with Nebraska law” and details “how the data will be used, how it will be secured and how it might be publicly shared.”

Then-Gov. Pete Ricketts endorsed Gale’s decision, saying, “I think he’s spot on. Basically what he’s saying is that you have to comply with Nebraska law, and our law is specific about the uses of data. … He also had some concerns about whether the data was going to continue to be secure, and he had some questions about that.”