Supreme Court backs Trump’s use of Voter Eligibility Project database for 2024 citizenship checks

Background: the controversial Voter Eligibility Project database

The Voter Eligibility Project (VEP) is a private, subscription‑based database that aggregates public records, credit‑report data and other sources to flag voters who may not be U.S. citizens. It first entered public consciousness during the 2020 presidential campaign when the Trump campaign used it to challenge the eligibility of millions of voters, a move that sparked lawsuits and intense media scrutiny.

Critics, including civil‑rights groups and election officials, have long warned that the VEP’s methodology is opaque and prone to false positives. A 2022 analysis by the Brennan Center found that the tool could incorrectly label up to 30 percent of non‑citizen entries as citizens, and vice‑versa, raising the spectre of legitimate voters being purged from rolls.

Supreme Court decision and immediate fallout

In a 5‑4 ruling issued on September 23, 2026, the U.S. Supreme Court held that the Constitution does not bar the use of private databases like VEP for citizenship verification, provided that states retain ultimate authority over voter registration decisions. The majority opinion, written by Justice Kavanaugh, stressed that the decision does not compel any state to act on VEP findings, but merely clears the legal hurdle for political campaigns and state officials to consult the data.

The ruling prompted swift reactions in several battleground states. Ohio’s Secretary of State announced that his office would pilot a VEP‑based audit of its voter rolls ahead of the November 2026 midterms, while California’s Attorney General filed an immediate appeal, arguing that the decision undermines the Voting Rights Act. The decision also triggered a wave of lawsuits from advocacy groups claiming that the database violates privacy statutes such as the Fair Credit Reporting Act.

Why it matters for African‑American voters and the diaspora

African‑American communities have historically been targeted by voter‑suppression tactics, from literacy tests in the Jim Crow era to modern‑day purges based on algorithmic risk scores. According to a 2024 report by the NAACP, roughly 12 percent of African‑American voters in five key states were flagged by VEP as potential non‑citizens, a figure that far exceeds the national average of 2 percent for all minority groups.

The decision also reverberates among African diaspora voters who hold dual citizenship with countries like Nigeria, Ghana and Kenya. Many of these expatriates register to vote through the Federal Voting Assistance Program (FVAP) or by mail, and a VEP flag could delay or block their ballots. The Nigerian diaspora in New York, estimated at 120,000 people, has already organized a coalition demanding transparency on how VEP data is used, fearing that an erroneous removal could silence a growing political voice.

A broader tech‑driven trend: data, elections and Africa

The Supreme Court’s endorsement of VEP fits into a global pattern where governments and parties turn to big‑data tools to vet voters. In Kenya, the Independent Electoral and Boundaries Commission (IEBC) piloted a biometric verification system in the 2022 elections, which critics say excluded voters lacking proper ID. Similarly, Ghana’s 2024 parliamentary race saw a private firm sell a “citizenship risk” list to political parties, prompting a parliamentary inquiry.

These parallels highlight a growing tension between technological efficiency and electoral fairness. While data‑driven checks can theoretically reduce fraud, the lack of independent oversight and the proprietary nature of the algorithms often lead to opaque decision‑making. For African observers, the U.S. ruling serves as a cautionary tale: without clear safeguards, such tools can become instruments of disenfranchisement rather than protection.

What’s next: legal battles, legislative moves and election strategy

The immediate future will be shaped by a series of appeals and state‑level actions. The Department of Justice has signalled that it will monitor any VEP‑driven purges for violations of the Voting Rights Act, while several Democratic‑controlled state legislatures are drafting bills to ban the use of private citizenship‑verification databases in elections.

Political strategists on both sides are already recalibrating. The Trump campaign, according to sources close to the operation, plans to integrate VEP data into its field‑organizing software for the 2026 midterms, hoping to focus resources on precincts where the database flags high‑risk voters. Conversely, Democratic outreach groups are mobilising volunteers to assist potentially affected voters in filing appeals and re‑registration paperwork before any deadline.

For African‑American and diaspora communities, the next few months will be a test of resilience. Community organisations are launching voter‑education drives that explain how to contest a VEP flag, while legal aid clinics are preparing to file amicus briefs that argue the database violates the Fourteenth Amendment’s equal‑protection clause. The outcome of these efforts could set a precedent for how data‑driven voter verification is treated in the United States and abroad.

Quick Answers

What is the Voter Eligibility Project database?
VEP is a private, subscription‑based tool that aggregates public records to flag voters who may not be U.S. citizens, and it has been used by political campaigns to challenge voter eligibility.

How could the Supreme Court ruling affect African diaspora voters in the U.S.?
If VEP data leads to ballot delays or removals, African diaspora voters—who often register via mail or the FVAP—could be disproportionately impacted, prompting advocacy groups to demand greater transparency.

Are there similar voter‑verification tools being used in African countries?
Yes; Kenya’s biometric system and Ghana’s private citizenship‑risk lists are examples of data‑driven voter checks that have sparked controversy over fairness and access.

Source: www.bbc.co.uk