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Must Hawaii give the U.S. its full voter list, with every data field?

United States v. Nago

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At a glance

The Justice Department sued Hawaii's elections chief for the state's full voter list. In April 2026 the judge paused the case until the Ninth Circuit decides two similar appeals.

  1. What happened · 5 steps
    1. United States sues Hawaii's elections chiefDec 2025

      The government said Scott Nago broke a 1960 civil rights law by refusing its demand for the full voter list.

    2. NAACP joins the defenseJan 2026

      The court let the NAACP California-Hawaii State Conference join the case as a defendant.

    3. Defense asks to dismiss the caseFeb 2026

      Nago and the NAACP each moved to dismiss, arguing the demand lacked a valid basis and purpose.

    4. Judge pauses the caseApr 2026

      The court stayed the case until the Ninth Circuit rules in similar California and Oregon appeals.

    5. Request for the records set asideApr 2026

      The court treated the government's motion to compel the records as withdrawn while the case is paused.

  2. Hawaii need not hand over the list yet

    No court has ordered Hawaii to produce the list; the case is paused and the dismissal motions are undecided.

  3. Whether the case resumes after the Ninth Circuit rules, and then whether it is dismissed.

Where it stands

Case paused

Stayed until the Ninth Circuit rules in two similar appeals · Apr 6, 2026

The case is paused until the Ninth Circuit rules in two similar appeals.

Follow what's happening
  1. Lawsuit filed

    Dec 11, 2025

    United States sues for Hawaii's full voter list

  2. NAACP joins as defendant

    Jan 5, 2026

    Court grants the unopposed motion to intervene

  3. Motions to dismiss

    Feb 18, 2026

    Nago and the NAACP ask the court to dismiss

  4. Apr 6, 2026

    Stayed until the Ninth Circuit rules in two similar appeals

  5. Court revisits the stay

    Not yet

    Expected after the Ninth Circuit decides those appeals

The parties

United States

Plaintiff

The federal government, through the Justice Department

Wants

Hawaii's full electronic voter list

Key arguments

  • The 1960 Civil Rights Act lets it demand the list

    Not yet decided. The motions to dismiss are on hold during the stay

  • Courts should simply order the records produced

    Not yet addressed by the court

  • Federal privacy laws don't block its demand

    Not yet addressed by the court

  • A pause hurts its check on voter-roll upkeep

    Rejected; case paused. Interim ruling. The court found the claimed harm speculative

Represented by

U.S. Department of Justice

Scott Nago and the NAACP

Defendants

Hawaii's elections chief, joined by an NAACP conference

Wants

Dismissal; keep the voter list private

Key arguments

  • The demand gave no basis and an improper purpose

    Not yet decided. The motions to dismiss are on hold during the stay

  • Hawaii privacy law bars releasing the full list

    Not yet addressed by the court

  • The demand violates federal privacy laws

    Not yet addressed by the court

  • Similar Ninth Circuit appeals may decide this case

    Accepted; case paused. Interim ruling. An earlier stay request was denied as premature

Represented by

Hawaii Department of the Attorney General

Friends of the court: Democratic National Committee and 17 states and the District of Columbia and Former U.S. Justice Department employees and Common Cause, Neil Abercrombie, Katherine Hammes

Content snapshot as of .