The Nebraska Supreme Court has dismissed an appeal from Common Cause and a registered voter concerning the release of Nebraska's voter registration list to the U.S. Department of Justice (DOJ). The court ruled that the case is moot because the voter registration list has already been provided to the DOJ, making the dispute irrelevant. This ruling affects those concerned about the privacy of voter information in Nebraska.
The case, titled Common Cause v. Evnen, was filed on June 26, 2026, under docket number S-26-093. It arose after the DOJ requested access to Nebraska's statewide voter registration list to ensure compliance with federal voter registration laws. The request included sensitive information such as voters' names, addresses, and identification numbers.
Common Cause, a non-profit organization advocating for voting rights, and Dawn Essink, a Nebraska voter, challenged the Secretary of State's decision to comply with the DOJ's request. They argued that releasing this information would violate state laws designed to protect voter privacy. The Secretary of State, Robert B. Evnen, countered that the DOJ was entitled to the information under federal law.
The dispute began when the DOJ sent a letter on September 8, 2025, requesting the voter registration list. Common Cause and Essink filed a lawsuit to block the release of this information, claiming that it would violate Nebraska statutes that restrict the sharing of voter information. The appellants sought a temporary restraining order and a declaration that the Secretary could not release the information.
Initially, the district court dismissed the case, ruling that the appellants lacked standing to bring the lawsuit. The court found that Essink did not demonstrate a concrete injury from the potential release of her information. It also ruled that Common Cause had not sufficiently established its authority to sue on behalf of its members.
After the district court's dismissal, the appellants appealed the decision. However, on February 12, 2026, the Secretary of State released the voter registration list to the DOJ. This action prompted the Secretary to argue that the appeal was moot since the primary issue—the release of the voter list—had already occurred.
In its ruling, the Nebraska Supreme Court agreed with the Secretary, stating, "Because the list has already been released to the federal government... we find the matter to be moot and dismiss the appeal and cross-appeal." The court emphasized that the central question of whether the Secretary could legally release the information was no longer relevant because the action had already been completed.
The court also addressed the appellants' arguments regarding the public interest exception to the mootness doctrine. They contended that the case involved significant public interest due to the sensitive nature of the information at stake. However, the court found that the issues raised primarily concerned standing and did not warrant further review under the public interest exception.
This ruling has implications for future cases involving voter privacy and the release of voter registration information. It underscores the importance of having a legally cognizable interest in a dispute for a court to exercise jurisdiction. The court's decision may deter similar challenges in the future, as the dismissal indicates that once information is released, the opportunity for legal recourse may be lost.
As for what’s next, the appellants have limited options for appeal since the court dismissed the case due to mootness. There are no related cases pending that would address the same issues, leaving the question of voter registration privacy largely unresolved in the context of this specific legal battle.