At issue in USA v. Page is whether federal law requires the Orange County Registrar of Voters (OCROV) to provide voter registration documents containing registrants’ sensitive personal information to the United States Department of Justice (USDOJ) or any member of the public seeking to determine whether OCROV maintains the Orange County voter registration list in compliance with federal law.
This sensitive personal information includes: California driver’s license and identification card numbers, social security numbers, California Secretary of State-assigned voter identification numbers, language preference, race, and signature images.
- Timeline and Documents
- Voter Registration Requirements
- OCROV Voter File Maintenance Program
- Relevant Federal and State Law
Summary
In response to a USDOJ request for voter registration documents to determine whether OCROV has operated a reasonable voter file maintenance program, OCROV provided USDOJ with registration documents for 17 former registrants who cancelled their voter registration because they did not meet the United States citizenship voter eligibility requirement. Pursuant to OCROV’s statutory duty to protect confidential voter registration information, OCROV redacted sensitive personal information from the records before giving them to USDOJ.
OCROV’s production of all responsive records with redaction of the former registrants’ sensitive personal information was in compliance with federal and state law. And, OCROV believes the voter information visible on the records was sufficient for USDOJ to determine that OCROV has and continues to operate a reasonable voter file maintenance program. Specifically, the visible registration information included:
All 17 former registrants checked the “I am a U.S. Citizen” box on the voter registration affidavit and signed the affidavit under penalty of perjury that they met the voter eligibility requirements.
All 17 former registrants submitted a signed form requesting that their voter registration be cancelled.
OCROV cancelled the voter registration of all 17 former registrants.
When USDOJ alleged OCROV’s response was insufficient, OCROV through County Counsel asked USDOJ for legal authority that would require OCROV to produce unredacted records without a subpoena or warrant. USDOJ has not provided legal authority, except to say that:
It is authorized to enforce the Help American Vote Act (HAVA) and the National Voter Registration Act (NVRA).
It is entitled to access the records pursuant to the public disclosure of voter registration activities provision of the NVRA that provides the public access to certain OCROV documents.
OCROV through County Counsel has repeatedly offered to produce the sensitive personal information for the 17 individuals pursuant to a confidentiality agreement or protective order.
OCROV and County Counsel are willing to work with USDOJ to structure a way to provide the documents with sensitive personal information that protects that data from being disclosed to the public or another government agency, but to date USDOJ has not accepted our offer.
OCROV works to facilitate the investigation and prosecution of potential crimes with the Orange County District Attorney through a confidentiality agreement that provides unredacted voter data to investigators and prosecutors. Such an agreement is required pursuant to California Government Code section 7921.505(c)(5).