by Dick Hall-Sizemore

There was considerable reaction to my recent article regarding the U.S. Dept. of Justice suing Virginia for not turning over an unredacted copy of the statewide list of registered voters.
Two comments in particular struck me as needing some response from me.ย Matt Hurt posed this question:ย โThe National Voter Registration Act of 1993 and the Help America Vote Act of 2002 both require states to maintain accurate voter rolls, and both provide DOJ with the authority to enforce them. If DOJ doesn’t have access to that information, how can it ensure states are compliant with these laws?โ After considerable discussion, Nathan had a request of me: โI hope you will follow up, to provide the information necessary for a more complete understanding of this issue.โ
These are legitimate questions and requests. I was out of the house for most of the day both Saturday and Sunday and thus not in a position to respond. I have now done some research and can provide some follow-up.
First, my major concern with this request lies with how DOJ said it was going to use it. In its MOU that DOJ asked agencies to agree to is this statement:ย โYou agree therefore that within forty-five (45) days of receiving that notice from the Justice Department of any issues, insufficiencies, inadequacies, deficiencies, anomalies, or concerns, your state will clean its VRL/Data by removing ineligible voters.โ
Simply stated, DOJ would examine a stateโs voter registration list and identify ineligible voters for the state to remove from its registration list.ย This would be an extraordinary step.ย The state would be relinquishing a key component of its authority to administer elections. Identifying โineligibleโ voters is prone to many errors, especially for the federal government, which is removed from the details of individual registration statuses. Even state governments, in their effort to purge ineligible voters, inadvertently remove eligible voters in the process. For example, in 2024, the Youngkin administration revoked the registration of approximately 1,600 eligible voters in its effort to find noncitizens who had registered.
Turning to the legal authority for the current DOJ request for unredacted statewide registration data, the federal government cited the following federal legislation statutes:
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