Feds sue MN Secretary of State, demand voter registration records

ST. PAUL, Minn. (FOX 9) - The Minnesota Secretary of State is being sued by the federal government over allegations that election integrity was violated under the Help America Vote Act that President Trump signed earlier this year. 

According to a complaint submitted to federal court, Minnesota Secretary of State Steve Simon must provide a copy of the state's full voter registration roll and proof that the state has audited its tolls and removed registrants who are ineligible. 

READ MORE: MN voter fraud: Woman cast ballot for Trump under dead mom's name, charges say

Feds sue Minnesota Secretary of State 

Big picture view:

Earlier this summer, the U.S. Justice Department requested voter data from several states, including Minnesota. 

In response to the Justice Department's request, attorneys for Minnesota Secretary of State Steve Simon said the information they're asking for "contains sensitive personal identifying information on several million individuals," adding it's the type of detailed voter data the federal agency is not legally entitled to.

The complaint filed in federal court on Sept. 25 states that Secretary Simon "declined to comply with federal law" and that continuing to refuse to provide the requested records "constitutes a continuing violation of federal law." 

The feds continue to demand Minnesota's current statewide voter registration list, which includes active and inactive voters, and lists information such as "the registrant's full name, date of birth, residential address, and either their driver's license number or the last four digits of their social security number," according to the complaint. 

READ MORE: MN election judge charged with accepting unregistered votes in Hubbard County

MN Secretary of State responds

The other side:

Minnesota Secretary of State Steve Simon released the following statement in response to the U.S. Department of Justice request: 

"We have been very clear with the DOJ about our position that state and federal law do not allow our office to provide them with private voter data unless they provide information about how the information will be used and secured.

"Since the conversation began with the DOJ in June, our office has met every deadline and provided detailed responses to all questions about the processes that keep our elections secure. 

"In August, our office asked for additional assurances that Minnesotans’ personal information – including their name, birthday, address, last four digits of their social security number, and driver’s license number - would be protected and used appropriately. 

"The DOJ remained silent – providing no information about how the data would be protected or used. Instead, they chose to file a lawsuit.  

"Our office has always been and will continue to be transparent with the public about the processes in place to protect our elections. We will also continue to safeguard the private information of millions of eligible Minnesota voters. Minnesotans are proud of their elections – that’s why we regularly lead the nation in voter turnout. Minnesotans know their elections are run by their neighbors, friends, and family who work diligently to ensure every eligible voter is able to cast their vote with the highest level of confidence." 

Voter fraud in Minnesota 

The backstory:

The Heritage Foundation, which builds and promotes conservative policies, reported finding a total of 16 voter fraud cases in Minnesota since 2016. 

Data from November 2023 show there were 1,465 proven cases of voter fraud listed over 44 years, with an average of 33 cases per year.

This represents a small fraction of total votes. In Texas, for example, the Heritage Foundation found 103 cases of confirmed voter fraud between 2005 and 2022, in a period where 107 million ballots were cast, or 0.000096% of all ballots cast.

READ MORE: 2 Nevada residents charged with conspiring to commit voter registration fraud in Minnesota

Past voter fraud claims 

Dig deeper:

President Trump previously pushed unsubstantiated claims that widespread voter fraud led to him losing the popular vote in the 2016 presidential election and the election in 2020.

Secretary Simon shared the following statement on Jan. 25, 2017, in response to those claims:

"President Trump’s claim that millions of ineligible votes were cast nationwide in the last election is false and irresponsible. The President’s comments have rightfully drawn strong bipartisan condemnation, are an attack on American democracy, and could have the dangerous effect of undermining confidence in the electoral system. Minnesota has rigorous safety measures in place before, on, and after Election Day to ensure our elections are fair and secure. We know that Minnesotans have confidence in the integrity of our system because our voters just returned us to number one in voter turnout in America.

I’m interested to see what the President has in mind for this ‘investigation,’ but I see no justification for such an investigation and I’m confident that the claim of millions of ineligible voters will remain unfounded."

READ MORE: Minnesota election official weighs in on Trump’s vow to end mail-in voting