DOJ Demands Minnesota Voting Records in New Attack on Same-Day Registration

The U.S. Department of Justice (DOJ) opened a new front in its ongoing campaign for voter data held by states Friday, demanding Minnesota turn over records related to same-day registrations.

Like the DOJ’s lawsuits against 22 states and Washington, D.C. demanding unfettered access to voters’ private data, the letter claims sweeping authority under the 1960 Civil Rights Act to receive and inspect registration records.

“The Department of Justice is particularly concerned with votes and registrations accepted on the basis of ‘vouching’ from other registered voters or residential facility employees… as well as other same day registration procedures,” Assistant Attorney General for Civil Rights Harmeet Dhillon wrote.

Minnesota is one of 23 states that allow voters to register on Election Day, a policy that’s been shown to increase voter turnout considerably. The state also allows voters to prove their residence in a given precinct by having another voter vouch for them. Potential voters still need to show a driver’s license, state ID card, or provide the last four digits of their social security number to verify their identity, but can use the vouching to confirm where they currently live. 

Vouching allows voters who might not have updated their address on their voter registration or driver’s license to still vote where they live. It is most commonly used in senior living facilities by residents who no longer drive and so haven’t updated their licenses. 

In a social media post accompanying the letter, Dhillon claimed that Minnesota’s registration process “seems facially inconsistent with the Help America Vote Act of 2002.”

“We’ll see!” Dhillon added, even though such out-of-court statements could be used against the DOJ in subsequent litigation.

The DOJ’s letter came shortly after Scott Presler, a right-wing anti-voting provocateur, complained that the vouching law enabled “MINNESOTA VOTER FRAUD” in social media posts and an appearance on Fox News. Presler quickly praised Dhillon’s letter on X, writing, “Exposing the truth makes a difference. Thank you, @AAGDhillon!” 

Dhillon then reposted Presler’s reply from her personal X account. 

Minnesota has allowed voters to vouch for other registrants for decades now, but few voters rely on the system. In the 2024 general election, less than 0.6% of votes cast used the vouching process, and about 71% of those were from people who were already registered to vote, but had moved without updating their address. Minnesota’s law requires the vouching person to live in the same precinct as the person they are endorsing. The vouchers need to sign an affidavit personally attesting to the potential voter’s eligibility under penalty of perjury. 

Every registrant in Minnesota, including those who register on Election Day, is entered into the statewide voter rolls and has their identity and residence verified. If county election officials don’t get satisfactory proof of a voter’s eligibility (including proper residence), then they are required by law to notify local prosecutors to launch a voter fraud investigation and potentially prosecute.

The DOJ’s new attack on same-day registration in Minnesota comes amid a multibillion-dollar welfare fraud scandal in the state that has recently taken center stage in GOP narratives.

Because many of the alleged perpetrators were members of Minnesota’s large Somali diaspora, President Donald Trump has seized the moment to demonize the immigrant community, saying, “I don’t want them in our country.”

The scandal has also directed all sorts of right-wing conspiracy theorists to focus their attention on Minnesota, including election denialists.