DOJ, DHS probing deal to share states' voter roll data
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United States Department of Homeland Security
United States federal executive department
The United States Department of Homeland Security (DHS) is the U.S. federal executive department responsible for public security, roughly comparable to the interior, home, or public security ministries in other countries. Its missions involve anti-terrorism, civil defense, immigration and customs, b...
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Why It Matters
This investigation matters because it touches on fundamental issues of election integrity, data privacy, and federal-state relations. It affects all registered voters whose personal information could be shared across state lines, election officials who maintain voter rolls, and political parties that rely on accurate voter data. The probe raises questions about whether such data sharing complies with federal privacy laws and could influence how states collaborate on election security measures ahead of future elections.
Context & Background
- The Electronic Registration Information Center (ERIC) is a multi-state voter roll maintenance system founded in 2012 to help states update voter registrations and combat fraud.
- Several Republican-led states have withdrawn from ERIC since 2022, citing concerns about partisanship and data privacy, despite its initial bipartisan support.
- The Help America Vote Act of 2002 requires states to maintain accurate voter registration lists, creating ongoing pressure to improve list maintenance procedures.
- Previous federal investigations into election-related matters have often focused on compliance with the National Voter Registration Act and Help America Vote Act.
What Happens Next
The DOJ and DHS will likely issue subpoenas for documents and interview state election officials involved in the data-sharing agreement. Depending on findings, the investigation could result in recommendations for changes to data-sharing protocols, potential legal action if violations are found, or clearance of the program if it's deemed compliant. States may delay or reconsider similar data-sharing initiatives until the investigation concludes, potentially affecting 2024 election preparations.
Frequently Asked Questions
Potential violations could include the Privacy Act of 1974, which governs federal agency handling of personal information, and the Driver's Privacy Protection Act, which restricts disclosure of motor vehicle records. The investigation will also examine whether the sharing complies with state data privacy laws and federal election statutes.
The Department of Justice handles potential legal violations and election law compliance, while the Department of Homeland Security is involved because election infrastructure has been designated as critical infrastructure since 2017. DHS focuses on cybersecurity aspects and potential threats to election systems from data sharing.
The probe could lead to changes in how states maintain and share voter registration data, potentially affecting list accuracy for the 2024 elections. It may also influence whether more states join or leave data-sharing consortiums, impacting nationwide efforts to prevent duplicate registrations and voting fraud.
States commonly share names, addresses, dates of birth, and voting history (which elections someone participated in, not how they voted). Some systems also share driver's license numbers, last four digits of Social Security numbers, and citizenship information where legally permitted.