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Must Virginia give the Justice Department its full voter list?

United States v. Koski

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At a glance

The Justice Department sued for Virginia's full voter list under a 1960 civil rights law. A federal judge dismissed the suit, finding the list falls outside that law; the government has appealed.

  1. What happened · 4 steps
    1. Justice Department sues Virginia's election chiefJan 16, 2026

      After Virginia declined its written demand, the U.S. sued for the state's voter list under the Civil Rights Act of 1960.

    2. Civil rights groups and a voter join the defenseMay 6, 2026

      The court let the NAACP, its Virginia conference, Common Cause, and voter Katherine Ellena join as defendants.

    3. Judge dismisses the suit for goodJul 14, 2026

      The court held the voter list is not a record the 1960 law covers, dismissed with prejudice, and denied the records request.

    4. Government appeals to the Fourth CircuitJul 24, 2026

      The United States asked the Fourth Circuit to reverse; both sides finished their briefs by late October 2026.

  2. Virginia does not have to hand over the list

    The suit is dismissed, so Virginia need not produce its voter list unless the Fourth Circuit reverses.

  3. Still open

    Whether the Fourth Circuit reverses; argument is tentatively set for the January 26-29, 2027 session.

Where it stands

Appeal to the Fourth Circuit

The U.S. appealed; briefing ended October 29, 2026. · Jul 24, 2026

The suit was dismissed with prejudice, and the government's appeal is fully briefed in the Fourth Circuit.

Follow what's happening

  1. Suit filed

    Jan 16, 2026

    The U.S. sued for Virginia's voter list.

  2. Groups join the defense

    May 6, 2026

    NAACP, Common Cause, and a voter allowed in as defendants.

  3. Suit dismissed

    Jul 14, 2026

    Dismissed with prejudice; the list is outside the 1960 law.

  4. Appeal to the Fourth Circuit

    Jul 24, 2026

    The U.S. appealed; briefing ended October 29, 2026.

  5. Oral argument

    Jan 26-29, 2027 (tentative)

    Tentatively set for the Fourth Circuit's January session.

The parties

United States

Plaintiff

The federal government, through the Justice Department

Wants

All fields of Virginia's current voter list

Key arguments

  • The voter list is a record the 1960 law covers

    Rejected; on appeal. Final ruling. The district court held the law reaches records officials receive, not lists they create

  • Courts may not second-guess the demand's purpose

    Not reached. The district court decided the case on other grounds

  • Privacy laws do not let Virginia withhold the list

    Not reached. The district court decided the case on other grounds

  • Ordinary civil-case rules do not apply to its demand

    Rejected. Final ruling. The court applied the ordinary federal rules, including motions to dismiss

Represented by

U.S. Department of Justice

Steven Koski and intervenors

Defendant and intervening defendants

Virginia's election chief, joined by NAACP and Common Cause

Wants

Dismissal of the suit, upheld on appeal

Key arguments

  • The voter list is not a record the law covers

    Accepted; on appeal. Final ruling. The basis for dismissal with prejudice; the Fourth Circuit is reviewing it

  • The demand stated no factual basis

    Not reached

  • The demand's stated purpose was contrived

    Not reached

  • Privacy laws bar handing over the full list

    Not reached

Represented by

Office of the Virginia Attorney General

Supporting defendant and intervening defendants: Democratic National Committee and Lawyers' Committee for Civil Rights Under Law and National Urban League and League of United Latin American Citizens and Asian Law Caucus

Content snapshot as of .