New Jersey Governor Rejects DOJ Demand for Noncitizen Voter Data Despite Registration Errors

New Jersey Gov. Mikie Sherrill has refused a Justice Department request for detailed personal information on thousands of noncitizens who were improperly added to the state’s voter rolls, escalating a dispute over election integrity even as her administration moves to purge many of the erroneous registrations.

In a letter and public statements on Tuesday, Sherrill informed Assistant Attorney General Harmeet Dhillon, who leads the DOJ’s Civil Rights Division, that New Jersey would not turn over the full names, dates of birth, nationalities, residential addresses, registration dates, and related records sought by the department. Sherrill asserted the demand “had no legal basis” and cited federal privacy protections, including the Privacy Act and the Driver’s Privacy Protection Act, as barriers to releasing personally identifiable information on thousands of residents. “I will always protect New Jerseyans’ personally identifiable information,” she said.

The conflict stems from a software error at the New Jersey Motor Vehicle Commission that operated between June 2023 and June 2024, during the administration of former Democratic Gov. Phil Murphy. Individuals applying for driver’s licenses or state identification cards who indicated on electronic keypads that they were not U.S. citizens—and who did not attest to voter eligibility—nonetheless had their information transmitted for voter registration. State officials have said approximately 6,600 noncitizens were registered as a result. Roughly 400 of them subsequently cast ballots. Sherrill, who took office earlier this year, disclosed the problem last week after learning of it and ordered an investigation and corrective action.

The Division of Elections has begun removing more than 4,500 individuals determined to be ineligible. About 2,100 remaining cases have been referred to county election officials for further review because preliminary checks indicated some may actually be citizens. Sherrill has framed the response as responsible governance aimed at fixing an inherited technical failure without disenfranchising eligible voters, while accusing the Trump administration of seeking to weaponize the episode for political purposes ahead of the midterms.

Dhillon’s July 21 letter demanded the specific data within five business days, arguing that ensuring noncitizen votes do not dilute those of U.S. citizens is a paramount federal interest and that New Jersey has a legal duty to maintain accurate rolls under statutes including the National Voter Registration Act and the Help America Vote Act. The DOJ has indicated it will pursue the information through all available legal channels. Department lawyers have also cited the disclosure as strengthening their existing lawsuit seeking an electronic copy of New Jersey’s full statewide voter registration list from Lt. Gov. Dale Caldwell, the state’s chief election official. Separately, Department of Homeland Security officials had publicly referenced a higher figure of more than 35,000 noncitizens on New Jersey rolls, a number state officials have disputed and for which clear supporting methodology has not been detailed in public reporting.

Republican members of Congress are pressing the issue as well. Rep. Jeff Van Drew of New Jersey, who chairs a House Judiciary oversight subcommittee, has signaled plans for a hearing after the August recess and potential subpoenas. He and other House Republicans sent Sherrill a letter seeking answers on how the error occurred, when it was detected, remaining registrations, and broader voter roll safeguards, with a deadline later in August. Van Drew has also called for stronger voter identification requirements.The episode highlights ongoing national tensions over automatic voter registration systems linked to motor vehicle agencies, the accuracy of state rolls, and the balance between privacy protections and federal oversight of election administration. While New Jersey has acknowledged the specific software-driven registrations and begun removals, the refusal to provide individual-level data to the Justice Department ensures the legal and political confrontation will continue.