DOJ Says Utah Lt. Gov. Under Investigation Over Voter Data Since 2025

Utah’s chief election officer, Lt. Gov. Deidre Henderson, was notified last week by the U.S. Department of Justice (DOJ) that she is under investigation for resisting the release of private voter data, a notice she said came as a surprise.

The department's letter, received last Friday, stated, “As you are aware, you are currently under investigation and ongoing litigation as to the extent to which you have failed to comply with your duties.” The letter cited the Civil Rights Act, the National Voter Registration Act, and the Help America Vote Act, noting that Henderson is required to preserve election records for the prior 22 months.

Eric Neff, acting chief of the Civil Rights Division’s Voting Section, warned in the letter that failure to preserve relevant data “may constitute spoliation of evidence, which may subject you to civil and criminal sanctions.” According to the agency’s letter, Henderson had received prior notice of the investigation through correspondence to her office in 2025 and through a DOJ lawsuit against Utah and other states for not producing their full voter registration lists upon request.

Henderson, a Republican, reacted to the news in a social media post, stating, “Um, no, I was not aware, but I guess I am now.” She added, “It would be nice if the good folks at the DOJ would focus on actual problems instead of baselessly harassing election officials.”

Utah Gov. Spencer Cox publicly supported Henderson on Thursday, stating on social media, “Legal disagreements between Utah and the federal government should be resolved in court.” Cox continued, “It is wrong for the DOJ to investigate or threaten the lieutenant governor for carrying out her responsibilities under Utah law.”

This action is part of a broader push from the Trump administration to obtain copies of voter lists from states, describing the information as necessary for election integrity. While some states have released sensitive data, most have declined, citing state and federal privacy laws.

A review conducted by Henderson’s office confirmed that noncitizen voting is not a widespread problem in Utah. In previous statements responding to the DOJ lawsuit, Henderson has said that “neither state nor federal law entitles the Department of Justice to collect private information on law-abiding American citizens.” She affirmed in a February social media post that her office would “always follow the Constitution and the law, protect voters’ rights, and administer free and fair elections.”

Under Utah law, some voter information, including name, address, age range, party affiliation, and history of election participation, can be released for a fee. However, personal information such as social security numbers, full birth dates, and driver’s license numbers remains strictly private for all voters and may only be disclosed to government entities for election administration purposes, according to the Utah lieutenant governor’s website.

Utah House Minority Leader Angela Romero, D-Salt Lake City, also expressed support for Henderson, thanking her “for standing up for the people of Utah and defending our democratic institutions.” Romero stated that voter fraud is not an issue in Utah, citing a state audit that found “99.72% of Utah’s registered voters are verifiably U.S. citizens.”

In a related development, Henderson, alongside state and local election officials from Kentucky, North Dakota, South Dakota, Georgia, New Hampshire, and Kansas, signed a court brief asking the U.S. Supreme Court to block a new U.S. Postal Service (USPS) rule. This rule restricts mail-in ballots for federal elections by establishing new ballot design requirements and mandating that states collect and share certain voter information with the federal government.

The litigation surrounding the USPS rule has seen varied court decisions. As of Thursday, the First Circuit Court of Appeals decided to block the Postal Service from enforcing key parts of the rule, citing concerns that its implementation before the November elections could cause “chaos and widespread voter disenfranchisement,” according to CBS News. A Supreme Court ruling on the matter is expected soon.

While the election officials do not take a position on the Postal Service’s statutory authority, they contest the practical impact of enforcing the regulation ahead of the 2026 midterms. They argue that absentee ballots have already been sent in some states, and implementing the rule would require substantial work from Postal Service and state and local election staff, including building and testing new systems for voter data and ballot processing. Attempting to implement the rule now, the officials warned, “will now almost certainly lead to mistakes, delays, and confusion for both voters and election officials.”

In late August, the Supreme Court indicated the Trump administration is likely to prevail in a case where 23 blue states sought to stop an executive rule. However, Henderson noted that this decision “has no effect on Utah,” as an injunction against the rule from a different lawsuit remained in place at the time.