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Sen. Mike Lee says Utah’s elections chief is wrong to defy Trump’s DOJ, as Gov. Cox, other Republicans defend her

Lt. Gov. Deidre Henderson, who is resisting the Trump administration’s efforts to obtain Utah voters’ private data, was notified this week that she is under federal investigation.

(Julia Demaree Nikhinson | AP) President Donald Trump and Utah Gov. Spencer Cox listen as Sen. Mike Lee, R-Utah, speaks in the Oval Office of the White House, Monday, July 13, 2026, in Washington.

(Julia Demaree Nikhinson | AP) President Donald Trump and Utah Gov. Spencer Cox listen as Sen. Mike Lee, R-Utah, speaks in the Oval Office of the White House, Monday, July 13, 2026, in Washington.

The senior member of Utah’s federal delegation is publicly siding with President Donald Trump’s Justice Department as it investigates his state’s elections chief, a fellow Republican.

Lt. Gov. Deidre Henderson posted to social media on Wednesday a portion of a letter she received from the DOJ disclosing “she is currently under investigation” for refusing to give it unfettered access to Utah voters’ private data.

“It would be nice if the good folks at the DOJ would focus on actual problems instead of baselessly harassing election officials,” Henderson wrote.

Hours later, above a screenshot of her comments, U.S. Sen. Mike Lee weighed in: “Election security is the ‘actual problem.’”

His supporters piled into the replies with claims of election fraud conspiracies and unsupported accusations of criminality against Henderson.

But not all members of her party are allying with the White House in this battle.

Of the 30 states the DOJ is suing to obtain unredacted voter databases, including Utah, eight have Republican election chiefs. And on Thursday, both Gov. Spencer Cox and former Gov. Gary Herbert came to Henderson’s defense.

“Legal disagreements between Utah and the federal government should be resolved in court. It is wrong for the DOJ to investigate or threaten the lieutenant governor for carrying out her responsibilities under Utah law,” Cox, who had largely been silent about the DOJ’s threats until this point, posted on social media.

The DOJ sent letters to election officials in all 50 states in July warning of “criminal penalties” if noncitizens cast ballots in the upcoming election.

Herbert wrote that Henderson “is right to defend her constitutional role as Utah’s elections leader. Elections are the responsibility of the states, and Utah conducts them with integrity. Lt. Gov. and her office are doing a terrific job protecting that tradition.”

Both Cox and Herbert previously served as lieutenant governor, the post that oversees Utah’s elections.

(Bethany Baker | The Salt Lake Tribune) Lt. Gov. Deidre Henderson speaks during an interview in her office at the Utah Capitol in Salt Lake City on Wednesday, Sept. 9, 2026.

The state’s top-ranking member of the House of Representatives also objects to the DOJ’s probe.

In a Friday evening statement to The Salt Lake Tribune, Rep. Blake Moore said, “These investigations have the potential to set a dangerous precedent of overreach to obtain unnecessary private information.

“Utah’s First District would be very concerned if a Democrat administration made these inquiries, so this is just a matter of principle for me,” the House Republican Conference vice chair continued. “Utah has long prioritized transparent, secure, and accessible elections, and I support its ability to continue managing its elections.”

Utah’s four other members of Congress — Sen. John Curtis, Rep. Celeste Maloy, Rep. Mike Kennedy and Rep. Burgess Owens — did not immediately respond to questions regarding their position on the investigation. They are all Republicans.

Lee, who has previously come under fire for texts advising Trump on how to overturn the president’s 2020 electoral loss, continued his arguments against Henderson’s position Thursday evening.

Referring to Herbert and Henderson, Lee’s chief strategist Dan Hauser wrote, “He’s wrong. She’s wrong.”

He argued that the “National Voting Rights Act” requires states to provide the information the DOJ is requesting.

Hauser appears to be referring to the National Voter Registration Act of 1993. Henderson has been telling the Justice Department for over a year that Utah is complying with that law.

So far, federal courts hearing the DOJ’s lawsuits against 30 states and Washington, D.C., have disagreed with the department’s interpretation of the law. District judges have ruled against the Trump administration in 23 of those cases, and one appeal has been thrown out.

Lee shared Hauser’s comments with his followers, adding, “Article I, Section 4 matters.”

That section of the U.S. Constitution says that Congress may make laws guiding how federal elections are administered.

But Utah and other states have pointed to the beginning of that section, often called the Elections Clause, which says states have the authority to determine the “times, places and manner of holding elections.”

Responding to the DOJ’s lawsuit seeking the voter records, Utah contends the federal government has not provided a legal basis for its request. And Henderson says if she were to comply, she would be violating Utah data privacy laws.

Included in the data requested by the DOJ is voters’ personal information, such as birth dates, partial Social Security numbers and driver license numbers.

Utah’s federal district court has not yet scheduled a hearing in the DOJ’s case against Henderson.

Note to readers, Sept. 12, 5:30 p.m. •This story has been updated to add comments from Rep. Blake Moore.

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