Latest / Best of: Features / Supreme Court lets Trump administration use revamped federal voter eligibility database for now
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- 0:05Supreme Court lets Trump administration use revamped federal voter eligibility database for
- 0:10now. Written by Allie Swinson, John Hannah and Lindsay Whitehurst. This article
- 0:16is being read by an automated voice generated by Everlett. New York,
- 0:22The
- 0:22AP. The Supreme Court on Friday lifted restrictions on a controversial Holt
- 0:26federal voter database before November's elections, granting President Donald Trump a temporary
- 0:31win in his aggressive campaign against non citizen voting. The court's three
- 0:36liberal leaning justices publicly dissented from the decision. The emergency order allows
- 0:42states for now to use the Trump administration's revamped version of a
- 0:45Department of Homeland Security program called Systematic Alien Verification for Entitlements, or
- 0:51for SAVE, in their efforts to verify the eligibility of voters on
- 0:55their rolls It's a program that has drawn scrutiny for its use
- 0:58of voters sensitive personal data and its tendency to wrongly flag some
- 1:03eligible voters as non citizens. States use of the SAVED program is
- 1:07voluntary, limiting the ruling's impact on the midterm elections. Existing law also
- 1:12blocks most states from systematically purging voters from their roles within 90
- 1:16days of an election, said David Becker, an election law expert who
- 1:20leads the Center for Election Innovation and Research. He said DHS itself
- 1:25has admitted the data is not perfect. Maine Secretary of State Shenna
- 1:29Bellows, a Democrat who has refused to participate in the SAVE program,
- 1:33said the ruling will have no effect in her state because it
- 1:36does not force States to change the way we run our elections.
- 1:40The plaintiffs and their lawyers in the case called the ruling profoundly
- 1:44disappointing and said it puts millions of Americans at risk of being
- 1:48unlawfully targeted by the administration's unreliable voter purge database before the midterms.
- 1:55On X, James Percival, the general counsel for DHS, responded to a
- 1:59post about the decision with Yes, you read that right. We had
- 2:02to file an emergency petition in the Supreme Court just so we
- 2:05could use government data to help states stop non citizens from illegally
- 2:09voting. The White House did not immediately respond to a message seeking
- 2:14comment. Ruling pauses a lower court span on the
- 2:18tool. The Court's order puts on hold a Federal Judge's June ruling
- 2:22that had deemed the Republican administration's recently revamped version of SAVE illegal.
- 2:27U.S. District Court Judge Sparkle L. Sukninon had blocked the use of
- 2:31The
- 2:31tool, saying it violated Americans privacy rights, and could result in voters
- 2:35being wrongly removed from the rolls. A Federal Appeals Court let her
- 2:40order.
- 2:40Stand. But the Supreme Court majority found that a nineteen ninety six
- 2:44law explicitly allows DHS to obtain information on citizenship and immigration from
- 2:49other federal agencies. The federal government also has an obligation to respond
- 2:54to states seeking to verify citizenship. The order below prevents the Federal
- 2:59Government from using the program it believes is best suited to the
- 3:03task. The majority wrote in the unsigned order. Justice Katanji Brown Jackson
- 3:08dissented, joined by Justices Elena Kagan and Sonia Sotomayor. The database has
- 3:14long been seen to fall under federal privacy laws, she wrote, and
- 3:17there are real risks that legitimate voter registrations could be mistakenly revoked.
- 3:22The harm caused by burdening or disenfranchising even a few lawful voters
- 3:27outweighs the nonexistent harm that The government experiences when it is prevented
- 3:31from taking an action that it likely lacks the authority to take,
- 3:34Jackson wrote. The plaintiffs pledge to do everything in our power to
- 3:39ensure the District Court decision stands. Trump administration tool has wrongly flagged
- 3:45some legal registrants. The SAVE program was created under an immigration law
- 3:50mandating that DHS help federal, state, and local agencies prevent government benefits
- 3:55from going to citizens. The Trump administration's last year moved to significantly
- 4:00expand its searchabilities. Since the at least 67 million registrations have been
- 4:05scanned through the program, but critics worry it could purge valid voters
- 4:09from the rolls. Some registrants have already been wrongly flagged. In Travis
- 4:14County, Texas, for example, officials said they investigated ninety seven voter flagged
- 4:19by SAVE as apparent non citizens and found that at least ten
- 4:22percent of them, and likely up to twenty one percent, were U.S.
- 4:26Citizens. The county urged the Supreme Court to reject the administration's appeal
- 4:31while the state of Texas submitted its own brief defending the database.
- 4:35In Denton, Texas, north of Dallas, voter Anthony Nells was disappointed that
- 4:40the Supreme Court allowed The continued use of a system that harms
- 4:43people's constitutional right to vote. Last year, after Texas ran its voter
- 4:48registrations through the
- 4:49SAVE system, NELS twenty nine, was flagged as a potential non citizen,
- 4:54even though the South Africa native had become a U.S. Citizen more
- 4:57than a decade ago. His local election office temporarily cancelled his registration
- 5:02while obtained a new passport to replace an expired one. This just
- 5:06seems like another illegitimate way to affect upcoming and future elections, he
- 5:11said in a text to the Associated Press. Stephen Richer, the Republican
- 5:15former top election official in Arizona's largest county, said the Supreme Court's
- 5:20ruling could be a positive step if used responsibly. That being said
- 5:25the Save programme has been shown time after time to be a
- 5:27highly imperfect tool, so election administrators should only use it as a
- 5:32starting point, not as a definitive indicator of citizenship, he wrote on
- 5:36social media. Save is one piece of the administration's crusade against non
- 5:41citizen voting. Even though the use of the SAVE program was blocked
- 5:45for months ahead of Friday's ruling, the administration has said in court
- 5:49filings that it has continued using Social Security Administration data in certain
- 5:54cases to verify information and help determine whether illegal voting may have
- 5:59occurred. DHS in August launched its own investigation to find non citizen
- 6:04voters on state rolls, according to a federal whistleblower statement that said
- 6:08the effort is rushed, filled with errors and potentially violates state laws.
- 6:12DHS has defended that investigation as being conducted diligently and professionally. Homeland
- 6:18Security Secretary Mark Wayne Mullen also suggested over the summer that there
- 6:23could be as many as two hundred fifty thousand non citizens registered
- 6:26to vote across four states, an unsubstantiated claim that puzzled state election
- 6:32officials who said the numbers dramatically exceeded their own findings. In one
- 6:37of those, Nevada, DHS said it had identified one hundred and eighty
- 6:40five non citizens on the voter rolls, but the state’s attorney general's
- 6:44office wrote to the agency earlier this week, saying a records check
- 6:48found that all of them were, in fact, US citizens. The effort
- 6:52to create a national voters. List is one of the many steps
- 6:55Trump has taken during his second term to try to overhaul how
- 6:58elections are run. Most of those steps have been blocked by various
- 7:02courts, in part because the Constitution gives states and Congress the authority
- 7:06to set election rules, but provides no such power to the President.
- 7:11In mid-September, the Supreme Court rejected Trump's bid from Trump to restrict
- 7:15mail ballot procedures before the midterms. Trump has remained fixated on the
- 7:20idea that massive numbers of non-citizens are voting in US races, but
- 7:24all evidence says otherwise. Ahead of the twenty twenty four presidential election,
- 7:29Georgia's Secretary of State found that twenty of the state's eight point
- 7:33two million registered voters were not U.S. Citizens. In Ohio, prosecutors secured
- 7:38indictments against nine people for voting as non citizens over the span
- 7:42of ten years. The state has some eight million registered voters. Even
- 7:47with the Trump administration laser focused on the issue in his second
- 7:50term, DHS said its investigations into potential non citizens on voter rolls
- 7:55nationwide had led to one hundred and sixty arrests. Those numbers are
- 8:00supported by a mountain of research at the national and state level
- 8:03that has found the p percentage of non citizens on voter rolls
- 8:07is a tiny fraction of the nation's nearly two hundred twenty eight
- 8:11million registered voters. Hannah reported from Topeka, Kansas, and Whitehurst reported from
- 8:16Washington. Associated Press writer Jessica Hill in Las Vegas also contributed.