# United States v. Simon *Federal civil action in the District of Minnesota, No. 0:25-cv-03761, filed September 25, 2025, seeking Minnesota's statewide voter registration list* *United States v. Simon* (No. 0:25-cv-03761) is a civil action that the United States filed in the U.S. District Court for the District of Minnesota on September 25, 2025. The defendants are the State of [[Minnesota]] and Secretary of State [[Steve Simon]], who "is sued in his official capacity only."[^1] The complaint asks the court to compel the State to produce its statewide voter registration list (SVRL), with all fields. It relies on Title III of the [[Civil Rights Act of 1960]] (CRA) and Section 303 of the [[Help America Vote Act]] (HAVA).[^2] The docket lists the nature of suit as 441 Civil Rights: Voting. The case was assigned to Judge [[Katherine M. Menendez]] and referred to Magistrate Judge Elsa M. Bullard.[^3] The complaint states that the action seeks to remedy the State's violation of federal law by "refusing to provide its statewide voter registration list." The State's written response, as the complaint quotes it, cited a Minnesota statute that restricts disclosure of voters' birth dates and identification numbers.[^4] The docket records the case as terminated on August 17, 2026.[^3] The docket entries cited here run through a motion hearing held on March 3, 2026. The record cited does not establish how the court ruled on the pending motions or how the case ended.[^5] ## Background On June 25, 2025, the Voting Section of the Civil Rights Division of the [[United States Department of Justice]] wrote to Simon. The letter asked for information on Minnesota's procedures for complying with HAVA's list-maintenance provisions. It also asked for the current electronic copy of the SVRL and told the State to "include both active and inactive voters."[^6] Justin Erickson, General Counsel to the Secretary, replied in a letter dated July 25, 2025. He described the State's list-maintenance procedures and the governing statutes. He declined to provide the list, stating that its contents would not be disclosed "unless expressly required by law." The complaint quotes the letter as saying the Department did not "identify any legal basis in its June 25 Letter that would entitle it to Minnesota's voter registration list." The letter asked for "sufficient information to show that the data will be protected and used properly."[^7] On August 13, 2025, the Assistant Attorney General for the Civil Rights Division replied. The letter relied on Section 401 of HAVA, 52 U.S.C. § 21111, and on the CRA's records-retention provisions. It made a demand under 52 U.S.C. § 20703 for a complete copy of the list. Its stated purpose was "to ascertain Minnesota's compliance with the list maintenance requirements of HAVA."[^8] According to the complaint, the August 13 letter specified the fields to be produced. These were each registrant's full name, date of birth and residential address, the last four digits of the Social Security number, and the full state driver's license number. The letter asked for production "within seven days or by August 21, 2025." Delivery was to be by encrypted e-mail or through the Department's Justice Enterprise File Sharing system. The letter warned that noncompliance "may result in legal action."[^9] On August 21, 2025, the Secretary's office responded by asking for legal justification and assurances of privacy protection. The response cited [[Minn. Stat. § 201.091]], subd. 9. It described that provision as prohibiting the office from providing "a voter's date of birth or any portion of their Social Security Number, driver's license number" in response to a request for public inspection. According to the complaint, the response also suggested that the Department use the more limited voter list that is publicly available.[^10] ## Complaint ### Stated purpose and allegations The complaint opens by quoting Executive Order 14248, *Preserving and Protecting the Integrity of American Elections*, which President Donald J. Trump signed on March 25, 2025. It states that federal law requires routine list maintenance "[t]o prevent fraudulent votes from being cast in Federal elections."[^11] The demand the complaint seeks to enforce covers the full list of every registrant, including identification numbers.[^9] The complaint alleges that Minnesota is a member of the Electronic Registration Information Center (ERIC). It quotes ERIC's website: members submit birth dates, driver's license and ID card numbers, and Social Security numbers "after applying a cryptographic one-way hash to these data points." The complaint then alleges that Minnesota provides "the identical information" to ERIC, "a private organization which lacks any enforcement authority," while refusing to give it to the Attorney General.[^12] The complaint also addresses privacy. It states that the Department must comply with the Privacy Act, 5 U.S.C. § 552a. It states that information collected "pursuant to its request to Minnesota and similar requests to other States" will be kept consistent with Privacy Act protections.[^13] ### Counts Count I is brought under the CRA, 52 U.S.C. § 20703. It alleges that the August 21 response "did not provide the requested statewide voter registration information pursuant to the CRA," including the HAVA unique identifiers.[^14] Count II is brought under HAVA, 52 U.S.C. § 21083. It alleges that the defendants failed to provide sufficient information in response to the June 25 and August 13 letters. It alleges that the refusal prevents the Attorney General from evaluating the State's procedures for eliminating duplicate names under § 21083(a)(2)(B). It also alleges that the refusal prevents the Attorney General "from determining Minnesota's compliance with the list maintenance requirements of HAVA."[^15] Each count alleges that the refusal "constitutes a continuing violation of Federal law" until the court orders production.[^15] ### Relief sought The prayer for relief asks for three declarations: - that the refusal violates Title III of the CRA; - that the defendants are not in compliance with the CRA or HAVA Section 303; - that any state law barring the Secretary from providing the list "is preempted by Federal law." It also asks for an order requiring production of the current list, including active and inactive voters and all fields. The complaint is signed for the Civil Rights Division by Assistant Attorney General Harmeet K. Dhillon and by Voting Section attorneys, including James Thomas Tucker.[^16] ## Statutory predicate The complaint relies on several provisions of Title III of the CRA: - Section 301 requires election officials to keep records related to voter registration for twenty-two months after a federal election. - Section 303 requires those records to be produced "upon demand in writing by the Attorney General or his representative." - Section 303 also requires that the demand state its basis and purpose.[^17] The complaint also relies on HAVA Section 303. That section requires a "system of file maintenance that makes a reasonable effort to remove registrants who are ineligible to vote from the official list of eligible voters." It also requires safeguards so that eligible voters are not removed in error. The same section requires a driver's license number, or the last four digits of a Social Security number, on registration applications.[^18] The complaint states that HAVA contains no private right of action and that the Attorney General alone may sue under 52 U.S.C. § 21111. It acknowledges that Minnesota is exempt from the [[National Voter Registration Act]]. It argues that the State "is not exempt from provisions of HAVA that require voter registration list maintenance," citing *Colón-Marrero v. Vélez*, 813 F.3d 1 (1st Cir. 2016).[^19] The docket's cause field reads 42:1981 Civil Rights, while the complaint pleads its counts under 52 U.S.C. §§ 20703 and 21083.[^3] The record cited does not include the enactment or amendment history of Minn. Stat. § 201.091, subd. 9.[^10] ## Procedural history - **September 25–30, 2025:** The complaint was filed and summonses were issued to the State and Simon. On September 30, the Minnesota Alliance for Retired Americans Educational Fund and Misael Hernandez moved to intervene.[^20] - **October 2, 2025:** On the United States' motion, Magistrate Judge Bullard stayed the action "pending the restoration of appropriations to the Department of Justice."[^21] - **October 14, 2025:** The court cancelled the October 29 hearing. [[Common Cause]], the [[League of Women Voters]] of Minnesota, Jennifer Compeau and Valerie Mangskau moved to intervene.[^21] - **October 30, 2025:** The summonses were served on Simon and the State, with answers due November 20, 2025.[^22] - **November 20, 2025:** The stay was lifted, and the deadline to serve the remaining defendants was extended to February 5, 2026.[^22] - **December 12–15, 2025:** The State responded to the intervention motions. The United States filed a notice of no position on them.[^23] - **December 23, 2025:** The State moved to dismiss. The United States moved to compel production of federal election records under 52 U.S.C. § 20701 et seq. Both groups of proposed intervenors filed motions to dismiss. Judge Menendez allowed those motions to be filed but ordered that they would be considered only if intervention was allowed.[^23] - **January 6–13, 2026:** Magistrate Judge Bullard granted both motions to intervene. The next day the court deferred a pretrial scheduling order. On January 13, the United States filed a notice attaching an order to show cause from Connecticut.[^24] - **January 21–22, 2026:** The United States opposed the motions to dismiss, attaching a Georgia complaint, a Georgia [[consent decree]] and a Texas memorandum of understanding. The State and both intervenor groups opposed the motion to compel. A group of bipartisan former state secretaries of state was granted leave to appear as amicus curiae.[^25] - **February 6–27, 2026:** The State filed its reply with a second Erickson declaration, whose exhibit is titled *January 2026 AG Letter to Governor*. On February 27, Judge Menendez granted leave to appear as amicus to former employees of the Department of Justice; the United States filed an opposition the same day. The NAACP and Cynthia Wilson moved to intervene as defendants, with a hearing set for April 6, 2026.[^26] - **March 3, 2026:** Judge Menendez heard oral argument for 1 hour and 10 minutes in the [[Minneapolis]] courthouse. The motions heard included the State's motion to dismiss, the Common Cause group's motion to dismiss and the United States' motion to compel.[^5] - **August 17, 2026:** The docket records the case as terminated.[^3] ## Notes [^1]: United States of America, *Complaint*, United States v. Simon, No. 0:25-cv-03761 (D. Minn. Sept. 25, 2025), caption and ¶ 12 — parties; Simon sued in his official capacity. https://www.justice.gov/crt/media/1415121/dl [^2]: United States of America, *Complaint* (Sept. 25, 2025), ¶¶ 1–2, 7 — claims under CRA Title III and HAVA § 303; relief sought. https://www.justice.gov/crt/media/1415121/dl [^3]: U.S. District Court for the District of Minnesota, *United States v. Simon*, No. 0:25-cv-03761, docket header (filed Sept. 25, 2025; terminated Aug. 17, 2026) — nature of suit, cause, assigned and referred judges, termination date. https://www.courtlistener.com/docket/71453336/united-states-v-simon/ [^4]: United States of America, *Complaint* (Sept. 25, 2025), p. 2 and ¶ 39 — stated object of the action; State's August 21 response citing Minn. Stat. § 201.091, subd. 9. https://www.justice.gov/crt/media/1415121/dl [^5]: U.S. District Court for the District of Minnesota, *United States v. Simon*, docket entry #157 (Mar. 3, 2026) — minute entry for oral argument before Judge Menendez. https://www.courtlistener.com/docket/71453336/united-states-v-simon/ [^6]: United States of America, *Complaint* (Sept. 25, 2025), ¶¶ 28–29 — June 25, 2025 letter. https://www.justice.gov/crt/media/1415121/dl [^7]: United States of America, *Complaint* (Sept. 25, 2025), ¶¶ 30–32 — July 25, 2025 response by Justin Erickson. https://www.justice.gov/crt/media/1415121/dl [^8]: United States of America, *Complaint* (Sept. 25, 2025), ¶¶ 33–35 — August 13, 2025 letter, its authority and stated purpose. https://www.justice.gov/crt/media/1415121/dl [^9]: United States of America, *Complaint* (Sept. 25, 2025), ¶¶ 36–38 — fields demanded, August 21 deadline, method of transmission. https://www.justice.gov/crt/media/1415121/dl [^10]: United States of America, *Complaint* (Sept. 25, 2025), ¶¶ 39–40 — August 21, 2025 response. https://www.justice.gov/crt/media/1415121/dl [^11]: United States of America, *Complaint* (Sept. 25, 2025), pp. 1–2 and ¶ 3 — Executive Order 14248 and stated purpose of list maintenance. https://www.justice.gov/crt/media/1415121/dl [^12]: United States of America, *Complaint* (Sept. 25, 2025), ¶¶ 41–42 — ERIC membership and allegation of identical information provided. https://www.justice.gov/crt/media/1415121/dl [^13]: United States of America, *Complaint* (Sept. 25, 2025), ¶¶ 43–44 — Privacy Act statements. https://www.justice.gov/crt/media/1415121/dl [^14]: United States of America, *Complaint* (Sept. 25, 2025), ¶¶ 45–49 — Count I, 52 U.S.C. § 20703. https://www.justice.gov/crt/media/1415121/dl [^15]: United States of America, *Complaint* (Sept. 25, 2025), ¶¶ 50–54 — Count II, 52 U.S.C. § 21083. https://www.justice.gov/crt/media/1415121/dl [^16]: United States of America, *Complaint* (Sept. 25, 2025), Prayer for Relief ¶¶ A–E and signature block. https://www.justice.gov/crt/media/1415121/dl [^17]: United States of America, *Complaint* (Sept. 25, 2025), ¶¶ 13–15 — CRA §§ 301 and 303 as quoted. https://www.justice.gov/crt/media/1415121/dl [^18]: United States of America, *Complaint* (Sept. 25, 2025), ¶¶ 18–21 — HAVA § 303 requirements as quoted. https://www.justice.gov/crt/media/1415121/dl [^19]: United States of America, *Complaint* (Sept. 25, 2025), ¶¶ 25–27 — NVRA exemption, *Colón-Marrero*, no private right of action, § 21111. https://www.justice.gov/crt/media/1415121/dl [^20]: U.S. District Court for the District of Minnesota, *United States v. Simon*, docket entries #1, #3, #5 (Sept. 25–30, 2025) — complaint, summonses, first intervention motion. https://www.courtlistener.com/docket/71453336/united-states-v-simon/ [^21]: U.S. District Court for the District of Minnesota, *United States v. Simon*, docket entries #18, #19, #27, #29 (Oct. 1–14, 2025) — stay, cancelled hearing, second intervention motion. https://www.courtlistener.com/docket/71453336/united-states-v-simon/ [^22]: U.S. District Court for the District of Minnesota, *United States v. Simon*, docket entries #48, #56, #57 (Nov. 20 and Dec. 9, 2025) — stay lifted; service on Oct. 30, 2025. https://www.courtlistener.com/docket/71453336/united-states-v-simon/ [^23]: U.S. District Court for the District of Minnesota, *United States v. Simon*, docket entries #58, #60, #63, #70, #76–#78, #83 (Dec. 12–23, 2025) — responses, motions to dismiss, motion to compel, orders on proposed intervenors' motions. https://www.courtlistener.com/docket/71453336/united-states-v-simon/ [^24]: U.S. District Court for the District of Minnesota, *United States v. Simon*, docket entries #90–#92 (Jan. 6–13, 2026) — intervention granted, scheduling order deferred, Connecticut notice. https://www.courtlistener.com/docket/71453336/united-states-v-simon/ [^25]: U.S. District Court for the District of Minnesota, *United States v. Simon*, docket entries #102–#106, #108 (Jan. 21–22, 2026) — oppositions and their exhibits; amicus leave for former secretaries of state. https://www.courtlistener.com/docket/71453336/united-states-v-simon/ [^26]: U.S. District Court for the District of Minnesota, *United States v. Simon*, docket entries #112, #113, #129, #131–#133 (Feb. 6–27, 2026) — replies, second Erickson declaration, amicus order and opposition, NAACP intervention motion. https://www.courtlistener.com/docket/71453336/united-states-v-simon/