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Texas Hands Over Voter List to Feds: What It Means for Your Ballot and Privacy
Key Takeaways
- •Texas shared its entire voter roll, including sensitive data like SSN digits and driver's license numbers, with the U.S. Justice Department, despite privacy concerns.
- •The Justice Department's stated goal is to enforce election law regarding voter list maintenance, but its methods are being challenged as potentially violating voter privacy and federal election statutes.
- •The Democratic National Committee alleges the data turnover could violate the National Voter Registration Act (NVRA), citing a conflict with specific conditions for voter removal and a 90-day moratorium on systemic purges before elections.
- •Texas stated its agreement to share data wouldn't "limit or affect the duties, responsibilities, and rights" under federal laws, attempting to insulate itself from potential NVRA violations related to rapid voter removals.
Alright, let's talk about something big happening with your voting rights here in Texas. State officials just gave the U.S. Justice Department, under the current administration, a full list of everyone registered to vote in Texas. We're talking about a massive amount of personal information, and it's got a lot of folks worried about privacy and who might get booted off the voter rolls.
So, what happened? Back in December, the Texas Secretary of State's Office confirmed they sent over the entire voter roll, which includes details on about 18.4 million Texans. This isn't just names and addresses. It's got things like your date of birth, driver's license number, and even the last four digits of your Social Security number. That's pretty personal stuff, right?
The Justice Department says this move is all about making sure election laws are followed. They want states to keep their voter lists clean by finding and removing people who aren't eligible to vote anymore. Sounds reasonable on the surface. But the way they're going about it has raised some serious questions.
Across the country, experts and other state officials have been asking if the Justice Department's demand for these lists is even legal. They're also worried about what happens to all that private voter data. The Justice Department, for its part, claims federal law gives them the right to this data, and states holding out are messing with their ability to do their job.
Now, Texas wasn't forced to hand over this info. We were one of 13 states that agreed to share the voter roll voluntarily. Many other states, including some led by both parties, said no, arguing that state and federal laws prevent them from sharing this private data. The Justice Department has actually sued 23 states and Washington, D.C., for not giving up their lists. So, Texas's choice to comply is a big deal.
The Democratic National Committee (DNC) isn't happy about it, to say the least. They sent a letter to Texas Secretary of State Jane Nelson, saying that giving up this data might break federal election law. Ken Martin, the DNC Chair, called it a "big government power grab" and warned it could lead to privacy breaches and eligible voters getting kicked off the rolls by mistake. He said the DNC won't just stand by while this happens.
One of the main worries from groups watching this closely is what the Justice Department plans to do with all this information. Some people are openly wondering if this is a step towards creating a big, national database of all voters. That's a pretty heavy thought when you think about personal privacy.
When Texas agreed to turn over the data, it was likely part of a special agreement, often called a memorandum of understanding, or MOU. We haven't seen the signed copy of Texas's agreement yet, but we do know what some of these proposed MOUs look like from other states, like Wisconsin. In those versions, the Justice Department would check the state's voter roll for problems, tell the state about them, and then give the state 45 days to fix things.
The DNC's litigation director, Daniel Freeman, pointed out two major legal issues with that 45-day cleanup period. First, federal law, specifically the National Voter Registration Act (NVRA), has very clear rules about how states can remove voters. You usually have to miss two general elections after getting a notice from the state, among other things. A quick 45-day window for mass removals doesn't fit that at all.
Second, federal law also says states can't do large-scale voter list maintenance — like removing lots of voters — within 90 days of a primary or general election. And guess what? Texas has elections coming up! There's a primary on March 3, a runoff on May 26, and the big general election on November 3. This means any major voter removal activity shouldn't happen until after the May runoff. Then, another 90-day blackout period starts on August 6 for the November election. So, a 45-day window for mass removals could easily step all over these rules.
Texas did try to cover its bases. In letters sent to the Justice Department, the Secretary of State's Office said that even though they were sharing the data and agreeing to the MOU, it wouldn't "limit or affect the duties, responsibilities, and rights" Texas has under the NVRA or any other federal laws. That's a strong statement, but it doesn't quite clear up all the legal questions. It's a complex situation, and it just shows how important it is to keep an eye on how your right to vote is protected.
Original source: Politics – Houston Public Media.
