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Tuesday, November 5, 2024

Swoboda: 'What could be a fantastic program is flawed by the complete lack of transparency within ERIC'

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Gina Swoboda | Voter Reference Foundation

Gina Swoboda | Voter Reference Foundation

Voter Reference Foundation executive director Gina Swoboda is pushing for the Electronic Registration Information Center (ERIC) to be all she feels it can be.

"Unfortunately, what could be a fantastic program is flawed by the complete lack of transparency within ERIC," Swoboda said in a recent blog post of the 501©3 organization that consists of 31 member states and the District of Columbia.

While many view ERIC as a convenient way for states to compare their data in the name of guaranteeing that voter registration maintenance is performed effectively and allowing the member states to identify potential duplicate records or ineligible voters on their lists, others see the system as flawed based on a lack of transparency.

In her blog post, Swoboda argued a lack of transparency has sometimes stymied public and election integrity advocacy groups in their quest to conduct public oversight of voter list maintenance that the National Voter Registration Act (NVRA) calls for.

Back in January, the state of Louisiana went as far as to defer its participation in ERIC largely over ethical concerns, a press release reported.

“When Louisiana joined ERIC under my predecessor, we did so under the impression that it would enhance the accuracy of our voter rolls and strengthen Louisiana’s election integrity,” Secretary of State Kyle Ardoin wrote. “After reading about these allegations and speaking with election attorneys and experts, I have determined that it may no longer be in Louisiana’s best interests to participate in this organization. It is vital that any legitimate allegation of voter fraud or possible misuse of our voters’ personal information is investigated. My job is to ensure that the data voters entrust to my office is protected. I look forward to ERIC’s swift response to these allegations.”

Through it all, according to data as recently as October 2021, Wisconsin remains one of ERIC’s member states, with members submitting their voter registration record and drivers’ license/identification (DMV) records, along with information on current record status, phone number and email address when available.

Swoboda argues that it still isn’t enough, stating that ERIC continues to hold massive amounts of data about both registered voters and those who are eligible but unregistered in its member states. In addition to arguing that more disclosure is needed, she openly wonders with whom all the gathered information is being shared.

Another area of concern centers on The Public Interest Legal Foundation (PILF), which has gone to court seeking a judgment that would order ERIC to allow its members to release the voter list maintenance reports held by the members.

Swoboda stresses that under the ERIC contract now entered into with members, such information is required to be withheld. PILF officials argue such acts are a violation of the National Voter Registration Act’s Public Disclosure provision.

VRF officials further assert that ERIC should release its members from the provisions that do not permit the 32 members of the organization, all of which are government agencies, to comply with public record, NVRA record and FOIA requests.

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