Virginia AG Jones: DHS Voter Law Violation Alleged in Voter Data Probe

• Virginia Attorney General Jay Jones demanded an investigation into the Department of Homeland Security for alleged violations of state law during a voter fraud probe.
• DHS agents reportedly accessed individual voting records by falsely attesting to personal use on Virginia's public voter information portal, potentially violating several Virginia criminal statutes.
• Attorney General Jones asserted that voter registration and history are protected by state law, requiring a court order for federal access, and questioned DHS training materials suggesting otherwise.
• A spokeswoman for the Attorney General confirmed the authenticity of the letter to Homeland Security Secretary Markwayne Mullin, expressing deep concern over the reported data access.
• Separately, Attorney General Jones joined a successful Supreme Court challenge that blocked the United States Postal Service from implementing significant changes to mail voting for upcoming elections.

The Office of the Attorney General of Virginia is not aware of any blanket legal authority that would permit Homeland Security agents to obtain protected information from state officials without a court order, let alone any authority that would permit agents to gather that information through fraudulent means.

Virginia Attorney General Jay Jones has initiated a formal demand for an investigation into the Department of Homeland Security (DHS), alleging potential violations of state law during a federal voter fraud investigation. The Attorney General sent a letter to Homeland Security Secretary Markwayne Mullin, asserting that the department's efforts to uncover election fraud "potentially violates several Virginia laws" and calling for an immediate cessation of the probe. This action follows reports indicating that hundreds of DHS agents were engaged in an extensive, weeks-long search for non-citizens among registered voters, despite a reported lack of evidence for widespread fraud.

Further concerns arose from a whistleblower report, which suggested that DHS agents may have contravened state statutes by effectively impersonating voters on public-facing state websites. This alleged tactic was used to gain unauthorized access to individual voting records. Virginia's voter information portal, like those in some other states, explicitly states that its records are intended for individual use only. Users are required to affirm: "I certify and affirm that the information provided to access my voter registration is my own or I am expressly authorized by the voter to access this information. I understand that it is unlawful to access the record of any other voter." Attorney General Jones contended that agents who checked this box under false pretenses to access voter information may have broken state laws.

Attorney General Jones specifically highlighted that individuals who falsely make such certifications to gather protected voter information could be in violation of several Virginia criminal statutes. He underscored that both voter registration details and voter history are safeguarded from disclosure under Virginia state law, meaning any DHS actions to obtain this data would necessitate a court order. The Attorney General's office also scrutinized justifications found in training materials from the DHS chief counsel's office, which purportedly advised agents on using tools to look up state voters for investigatory purposes.

According to a spokeswoman for Attorney General Jones, Rae Pickett, the office could not confirm the existence or scope of any ongoing investigations but did verify the authenticity of the letter sent to Secretary Mullin. Pickett expressed significant concern regarding the "reported access and use of protected personally identifiable information in a federal search of state voter systems." The Virginia Attorney General's office explicitly stated it is "not aware of any blanket legal authority that would permit" Homeland Security agents "to obtain protected information from state officials without a court order, let alone any authority that would permit agents to gather that information through fraudulent means."

This assertive stance against the Department of Homeland Security's alleged actions aligns with Attorney General Jones's broader commitment to safeguarding Virginia's elections from federal overreach. His office has consistently worked to protect Virginians, not only in election integrity but also in other critical areas. For instance, Attorney General Jones recently launched a new unit dedicated to holding reckless firearm industry members accountable and continues to pursue initiatives aimed at protecting consumers across the Commonwealth.

In a separate but related victory against federal actions impacting elections, Attorney General Jones, alongside a coalition of 24 attorneys general and the Governor of Pennsylvania, secured a win at the Supreme Court. This ruling successfully blocked the United States Postal Service from implementing sweeping changes to mail voting procedures that had been initiated by Donald Trump for upcoming November elections. This decision ensures that voters can cast their ballots without facing potential misleading information or alterations from the federal government.

The Attorney General's challenge to the DHS investigation underscores a critical legal and constitutional boundary: the protection of state-managed voter data from unauthorized federal access. By citing potential violations of Virginia criminal statutes and emphasizing the necessity of a court order, Attorney General Jones is asserting state sovereignty over sensitive personal information. This case highlights the importance of clear legal frameworks governing inter-agency data sharing and the potential for federal actions to infringe upon state laws and individual privacy rights.

This firm position by the Virginia Attorney General serves as a significant precedent for how states may respond to federal inquiries that they perceive as overstepping legal bounds or employing questionable methods. It reinforces the principle that even in matters of national security or election integrity, federal agencies must adhere to state-specific legal requirements and respect established protocols for data access, particularly when dealing with protected personally identifiable information. The outcome of such challenges can shape future interactions between state and federal authorities regarding sensitive data.

Lawyers and compliance officers should note the Virginia AG's assertive stance on protecting state voter data from federal agency access without a court order, citing potential criminal statute violations. This establishes a clear position on data privacy and inter-agency legal boundaries, particularly relevant for advising clients on government investigations or election law matters in Virginia.

Source: Based on official communications from the Virginia Attorney General.