SB196 – Resources to Object
This bill forces ELECT (Virginia Department of Elections) to Reenter ERIC, the Election Registration Information Center.
ELECT left ERIC, saving the Commonwealth a large annual fee per year, after finding only a smidgeon of registrants were removed as a result of the program. Massive information sharing was also going on to include driver’s licenses and other private information was also shared with third parties. Even the data of minors was shared.
As a result of a FOIA request, below are links to ELECT’s Annual List Maintenance Reports for 2021, 2022 and 2023 which is sent to the General Assembly’s House and Senate Privileges committee each year on or before Oct. 1.
There are sections on comparing voter registration data with other states. However, nothing is mentioned about duplicates identified, confirmations sent, and voter registrations cancelled on comparing data with other states. The national change of address (NCOA) section details this information for NCOA.
FOIA request dated Jan. 31, 2024:
Please provide the dates ELECT’s voter data (registered voter list, voter history, etc.) was compared with other states voter data for 2021, 2022 and 2023. Please include the state, the date done, number of issues identified, number of mailings sent.
ELECT’s Response dated Feb. 13, 2024:
Attached are the list maintenance calendars partially records responsive to your request. We have no records responsive to “number of issues identified”. For states ELECT completed list maintenance with and any NCOA mailings you may review our list maintenance reports here: https://www.elections.virginia.gov/resultsreports/maintenance-reports/
Conclusion: There is no supporting documentation that any registration data comparison was done with other states voting data. The exchange of registered voter lists (24.2-404.4) with other states and the NCOA (Code of VA 24.2-428) are two separate and different processes. The cross-state match reports were TBD for 2022. I have other list maintenance schedules, and none show any exchange of registered voter lists between states.
The zip file was sent as part of the FOIA response.
2023-List-Maintenance-Report.pdf (virginia.gov)
2022-List-Maintenance-Report_final.pdf (virginia.gov)
ELECT-Annual-List-Maintenance-Report-2021-Final.pdf (virginia.gov)
We see evidence of large numbers of Prince William County registrants never cleared from the rolls even after they move and register and even vote in another state. ERIC did NOT identify these records, but citizens do. ERIC NEVER WORKED as stated and instead served as a voter registration platform.
Suggested wording to oppose SB196:
SB196 will not improve Virginia’s voter list maintenance activities and will not help rebuild public confidence in our elections. This bill prevents the general registrars from maintaining a complete and accurate registered voter list. Maintaining a complete and accurate RVL is required and is an essential part of the process to ensure elections are safeguarded, fair and legitimate.
There is concern that the registered voter list (RVL) is not accurate. Holtzman Vogel’s pre-litigation notice analysis dated August 8, 2023 indicates that 101 Virginia counties and cities are in violation of Section 8 of the NVRA and ELECT’s response to the pre-litigation notice is not reassuring. Large amounts of documentation submitted to the general registrars to correct the RVL are also alarming and indicates an inaccurate RVL.
Challenges should be allowed to the general registrar who is responsible for maintaining an accurate registered voter list. Bypassing the general registrar and requiring a petition to the Circuit Court is unnecessary and a waste of the court’s time. We should be asking why Virginia’s RVL is not accurate and taking action to ensure that it is accurate.
This bill restricts the reconciliation with other states’ voter data to ensure the accuracy of the registered voter list, and it could permit the duplication of registration in more than one state. SB196 restricts ELECT’s ability to reconcile with the states that do not use the full social security number. Many states only use the last 4 digits of the registered voters’ security number, which is not a unique identifier.
ELECT does not verify or reconcile that the registered voters’ social security number matches the name and date of birth with the Social Security Administration, which is extremely important to ensure only one person is registered to vote and to verify the accuracy of the information on the application. An accurate registered voter list cannot be maintained without this verification and reconciliation. This bill requires ELECT to utilize full social security numbers or reliably linked data fields to match records when ELECT does not know if their registered voter information is correct. Using reliably linked data fields and leaving no room for other documentation will create an inaccurate registered voter list. The general registrars should not cancel registered voters based on the documentation they receive. They should review the documentation and send confirmation letter(s) to the registered voter as needed. If the registered voter does not respond to the confirmation, they will be put in inactive status. They can still vote while inactive. Voting, updating or confirming their information will change them to active. If no action is taken after 2 general federal elections, the registered voter is canceled.
If you really want to improve list maintenance, please have ELECT reconcile the RVL immediately with the SSA or the DMV to make sure the social security number is valid and the name and date of birth match the social security number. Please also take action to have ELECT resolve registered voters who have duplicate social security numbers or no social security number listed.
Please oppose SB196. Stronger internal controls are needed in list maintenance but SB196, as written, will create more inaccuracies in the registered voter list.
My personal opinion is that the ‘new world order’ is coming into play where states and countries have no borders, even for voting. This bill and others, of passed, combine to defy our Constitutional rights to one person one vote and an election that is not diluted.