The United States Department of Justice has filed a lawsuit against the Secretary of State for Arizona, accusing him of failing to comply with federal election laws. The complaint was filed on January 6, 2026, in the United States District Court for the District of Arizona against Adrian Fontes, the Secretary of State for Arizona.
The case centers around allegations that Adrian Fontes did not fulfill his obligations under Title III of the Civil Rights Act of 1960 and other federal election statutes such as the National Voter Registration Act (NVRA) and the Help America Vote Act (HAVA). According to the complaint, these laws require state officials to retain and preserve all records related to voter registration and other voting-related activities. The Attorney General has broad authority to demand access to these records for inspection and copying. The Department of Justice claims that Fontes failed to provide these records despite a written demand made by the Attorney General on August 14, 2025.
The dispute began when the Attorney General reviewed a report from the U.S. Election Assistance Commission’s 2024 Election Administration and Voting Survey. This report raised concerns about Arizona’s compliance with federal election laws. On July 28, 2025, a letter was sent to Secretary Fontes requesting an electronic copy of Arizona’s statewide voter registration list (SVRL), including detailed information such as registrants’ full names, dates of birth, residential addresses, driver’s license numbers or social security numbers as required by HAVA. Fontes initially responded on August 8, stating that it would be impossible to meet the deadline specified in the letter. Despite an extension granted by the Attorney General until August 21 for providing SVRL data and September 15 for other responses, Fontes ultimately refused to comply with this request on August 29.
Fontes cited state and federal privacy laws as reasons for his noncompliance, arguing that these laws prohibit Arizona from sharing such sensitive information with federal authorities. However, the Department of Justice contends that these privacy concerns are unfounded because HAVA explicitly allows sharing this information with government agencies carrying out enforcement functions.
In its legal filing, the Department of Justice seeks several forms of relief from the court. It requests a declaration that Fontes’ refusal violates Title III of the Civil Rights Act and demands an order compelling him to provide all requested voter registration data within five days.
Representing this case are attorneys Harmeet K. Dhillon, Eric V. Neff, and Brittany E. Bennett from the Civil Rights Division at the U.S. Department of Justice. The case is being overseen by Judge Timothy Courchaine in Case No.: 2:26-cv-00066-SMB.
Source: 226cv00066_Neff_v_Bennett_Complaint_District_Arizona.pdf
