The lawsuit, originally filed in 2024 by conservative watchdog group Judicial Watch and several Illinois-based advocacy organizations, alleges that the state has improperly delegated its voter list maintenance duties to local election officials. The plaintiffs argue that this “bottom-up” approach has resulted in widespread neglect, with some counties reporting little to no voter roll updates over two years.
In a filing known as a “statement of interest,” the DOJ stated it has a vested concern in how the NVRA is interpreted and enforced. Although it is not directly joining the lawsuit, the department’s position significantly amplifies the case’s visibility and importance.
“This case presents important questions regarding enforcement of the National Voter Registration Act,” the DOJ wrote, emphasizing that the law assigns responsibility for voter roll maintenance to the state, not its subdivisions.
U.S. District Judge Sara Ellis is scheduled to hear arguments in the case on July 30 and could issue a ruling the same day.
At the heart of the lawsuit is a troubling statistic: between November 2020 and November 2022, 11 counties in Illinois reported zero voter removals, and 12 others reported removing 15 or fewer voters — despite collectively containing nearly a million registered voters.
Plaintiffs include Breakthrough Ideas, headed by former state Rep. Jeanne Ives, Illinois Family Action, and DuPage County resident Carol J. Davis. They contend these numbers reflect an unwillingness or inability by local authorities to conduct federally required voter roll maintenance, potentially undermining election integrity.
The Illinois State Board of Elections, through its executive director Bernadette Matthews, responded by reaffirming the state’s decentralized election model, wherein local jurisdictions are responsible for maintaining their own rolls. “This makes sense,” she wrote, “as local election authorities are responsible for determining a voter’s continuing eligibility to vote in their jurisdiction.”
The Illinois Attorney General’s office has moved to dismiss the suit, arguing that NVRA permits states to delegate responsibilities and that the plaintiffs lack legal standing. Labor unions, including the Illinois AFL-CIO and Illinois Federation of Teachers, have intervened in defense of the state, citing concerns that their members could be improperly removed from voter rolls under stricter standards.
The case unfolds as national debate intensifies over federal involvement in state-run elections. While the DOJ has requested voter data from at least nine other states, it has not made such a request of Illinois to date.