Nebraska handed the Justice Department its full voter file, including partial Social Security numbers, while an appeal was still pending

On February 12, 2026, Nebraska Secretary of State Bob Evnen electronically transmitted the state's complete voter registration database to the U.S. Department of Justice. His office said the transfer included each registered voter's county of residence, unique voter number, registration status, full name, address, date of birth, and the last four digits of their Social Security number, driver's license number or state ID number. Evnen sent an accompanying letter stating the data was being shared with the understanding that the Justice Department would follow applicable federal and Nebraska law in handling it.

The transfer occurred one day after the Nebraska Supreme Court declined to block it. Common Cause Nebraska and Omaha voter Dawn Essink had sued Evnen the previous fall, arguing that Nebraska privacy law gives federal officials no special right of access to the sensitive portions of the voter file. A Lancaster County District Court judge dismissed the suit on the ground that Common Cause lacked standing because the alleged harm was speculative. On February 11, 2026, the Nebraska Supreme Court agreed to hear an expedited appeal but denied reconsideration of the injunction request, in an order signed by Chief Justice Jeffrey Funke stating that such injunctions should be granted "sparingly"; Justices Stephanie Stacy and Derek Vaughn would have granted it. The court set argument for March 31 — more than six weeks after the data was due to be sent. Common Cause attorney Daniel Gutman had told the appeals court that "once the data is released, that bell cannot be unrung."

Evnen said he was providing the data so the Justice Department could assess whether Nebraska complies with federal voting laws, noting that the Nebraska Attorney General's office had advised the federal request was "lawful and proper," and said the state would not remove anyone from the rolls based solely on a Justice Department recommendation. Asked whether he was certain the data would be kept secure and would not lead to eligible voters being removed, Evnen answered: "The only thing I'm positive of is that the sun won't catch in a tree when it sets tonight."

The handover was one instance of a Justice Department campaign to obtain unredacted state voter files nationwide. By February 2026 the department had requested data from 44 states and the District of Columbia, with plans to approach all 50, and had sued more than 20 states that declined. Nebraska was among a minority of states to hand over its complete list.

Updates

2026-03-31 — Nebraska Supreme Court heard argument after the data had already been sent [4]

The Nebraska Supreme Court heard oral arguments in the appeal, with some justices asking whether the case still mattered given that the data had already been transferred. Gutman argued it did, because under the lower court's ruling there would be nothing the Secretary of State could do to protect voters' information "if the federal government comes knocking." Nebraska Solicitor General Cody Barnett, for Evnen, asked the court to affirm, saying it was too late to stop the sharing.

2026-06-26 — Court dismissed the appeal as moot because the DOJ already had the records [5]

The Nebraska Supreme Court dismissed the appeal and cross-appeal, writing that "because Nebraska's voter registration list has already been released to the DOJ, this matter is moot, and we decline to apply the public interest exception to the mootness doctrine." Common Cause Nebraska executive director Gavin Geis said the group would take the fight to the Legislature to strengthen state law.