Supreme Court Allows Use of Federal Voter Database
The U.S. Supreme Court has cleared the way for states to use a federal database to check voter eligibility ahead of November’s midterm elections, putting a lower court’s restrictions on hold. The decision does not resolve the legal dispute.
The emergency order concerns Systematic Alien Verification for Entitlements, or SAVE, a Department of Homeland Security program designed to help government agencies check eligibility for benefits. The Trump administration expanded its search capabilities last year, and at least 67 million voter registrations have been scanned. States are not required to use the system.
A district judge blocked the program in June, finding that it violated privacy protections and could lead to eligible voters being removed from registration rolls. An appeals court left that ruling in place. The Supreme Court majority, however, said federal law permits DHS to obtain citizenship and immigration information from other agencies and respond to states seeking verification.
Justices Ketanji Brown Jackson, Elena Kagan and Sonia Sotomayor dissented. Jackson argued that the database raises privacy concerns and risks mistakenly disenfranchising eligible voters. The plaintiffs criticized the order and said they would continue challenging the program.
Accuracy remains a concern. Officials in Travis County, Texas, reported that at least 10 percent, and possibly as many as 21 percent, of 97 voters flagged as noncitizens were U.S. citizens. Texas defended the database in a filing to the Supreme Court.
Election law expert David Becker said the ruling may have limited effects because federal law generally prevents systematic voter removals within 90 days of an election. He said states might use SAVE alongside other tools to maintain their rolls.
The administration says its efforts address noncitizen voting. Research cited in the report indicates such voting is rare. The legal challenge to the database remains pending.