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Supreme Court Asked to Restore Voter Verification Database Before Midterms

Ethan Brooks
Ethan Brooks •

The Trump administration asked the Supreme Court to restore states' access to the SAVE citizenship database for voter roll verification, calling a lower court block indefensible ahead of the November midterms.

Supreme Court Asked to Restore Voter Verification Database Before Midterms

The Trump administration asked the Supreme Court on Tuesday to restore states' access to a federal citizenship database used to verify voters, pressing the justices to clear the way for election integrity checks before November's midterm elections.

Justice Department lawyers filed an emergency request to halt a federal judge's June ruling that blocked the revamped verification system, which several states have used to scrub noncitizens from their voter rolls. The administration argues the ruling puts the integrity of the upcoming elections at risk.

A Revamped System Under Attack

The database at the center of the fight is the Systematic Alien Verification for Entitlements, or SAVE, run by the Department of Homeland Security. The system lets authorized agencies confirm whether someone is a U.S. citizen or an immigrant, and states use it to check the accuracy of their voter lists.

DHS redesigned SAVE last year so users could search many records at once and cross-check names against Social Security data. Since the overhaul, several Republican-led states have compared their voter rolls against the database and removed registrations flagged as belonging to noncitizens.

Voting by noncitizens is illegal in federal elections, and keeping noncitizens off the rolls has broad support across the country. Supporters of the verification push say the database is a commonsense tool to ensure only American citizens decide American elections, and they note the checks are voluntary -- states request the federal data when they want to confirm the citizenship status of registered voters.

Courts Side With Activist Groups

The legal challenge came from voting rights and privacy advocacy groups, which sued to block the upgraded system. In June, U.S. District Judge Sparkle Sooknanan in Washington, D.C., sided with them, ruling the database was haphazardly assembled and contained unreliable citizenship data.

The D.C. Circuit Court of Appeals declined to pause Sooknanan's ruling in a 2-1 decision on September 4, prompting the administration's filing at the Supreme Court. In its emergency application, the Justice Department called the lower court's order "indefensible," arguing it strips the federal government of its authority to help states verify citizenship when they ask and undermines the accuracy of voter rolls heading into the election.

Activist groups celebrated the lower court rulings. Democracy Forward president and CEO Skye Perryman said Tuesday that the administration is asking the Supreme Court to revive an "unlawful system" after failing to get its way in the lower courts.

Stakes High as Midterms Approach

The fight lands at the Supreme Court with control of Congress on the line. Republicans are battling to hold their majorities in both the House and Senate in the November 3 midterms, and election administration disputes have multiplied in the closing weeks of the campaign.

Critics of the verification push argue the database can be outdated, meaning naturalized citizens who are eligible to vote could be wrongly flagged and removed from the rolls. Advocacy groups warn that eligible Americans could be disenfranchised by the checks.

The administration rejects that framing, pointing out that the system exists precisely to catch people who should not be voting. Officials have stressed that every legitimate voter benefits when the rolls are accurate, and that removing ineligible registrations protects rather than diminishes the franchise.

What Happens Next

The Supreme Court now has the emergency application on its docket, and with early voting already underway in much of the country, timing matters. A decision could come within days.

The citizenship database case is one of several election-related legal fights reaching the high court this fall, including a separate dispute over a postal service rule involving mail-in ballots. The Court, with its 6-3 conservative majority, blocked a lower court order in that case in August.

For now, the administration is pushing for a swift ruling that lets states verify their rolls before voters head to the polls. The outcome could shape how aggressively states can police their voter lists in this election and well beyond it.