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Flawed multistate voter database turned off to settle civil rights suit

President Trump and Kris Kobach

When he was Kansas secretary of State, Kris Kobach was the main force behind a now-shuttered program to spot people who were registered to vote in more than one state. He later chaired President Trump's voter fraud commission.

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The Fulcrum
By The FulcrumDec 11, 2019
The Fulcrum
The Fulcrum staff.
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A controversial database used to check whether voters are registered in more than one state has been suspended until security safeguards are put in place.

Use of the Interstate Crosscheck program was put on hold as part of the settlement of a lawsuit filed by the American Civil Liberties Union of Kansas on behalf of nearly 1,000 voters whose partial Social Security numbers were exposed by Florida officials through an open records request.

Kansas began operating the multistate program 14 years ago but it has not been used since 2017, when a federal audit discovered its security vulnerabilities.

The settlement includes a list of security improvements the state has promised to make, the ACLU said Tuesday. The civil rights group said the settlement includes a statement from Kansas Secretary of State Scott Schwab's office admitting it made a mistake in allowing the personal information to be disclosed.

Schwab, a Republican, and his office have not shared any comments and were still working on final details of the settlement, which has not yet been posted on the federal courts website.

At least two dozen states shared voter registration records in the Crosscheck program before it was shut down. The program attempted to match names and birthdates to spot people who were registered in more than one state. But it had a high error rate. And that, along with the security problems, caused eight states to drop out of the program.

"This is a victory not only for our clients but for every Kansas voter," ACLU Of Kansas Executive Director Nadine Johnson said of the agreement.

The system was created at the behest of Republican Kris Kobach, who was then the secretary of state and has gone on to be one of the most prominent and polarizing election officials in the country. He chaired President Trump's commission to root out voter fraud, which essentially came up empty handed, lost the governor's race last year and is now seeking the GOP nomination for an open Senate seat.

Kobach's successor as secretary of state had ordered a review to determine whether to scrap Crosscheck all together.

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A public funding mechanism for Seattle elections is up for renewal in next week's election.

The Democracy Voucher program was passed 10 years ago. It offers voters four $25 vouchers to use each election cycle for candidates who accept certain fundraising and spending limits. Supporters said it is a model for more inclusive democracy, touting higher turnout, increased participation from more small donors and a more diverse candidate field.

Spencer Olson, spokesperson for the group People Powered Elections Seattle, which supports Proposition 1, said the program helps level the playing field.

"It's really important that people's voices are heard and that candidates can run being supported by their constituents," Olson contended. "Versus just listening to those wealthiest donors, those special interests that have historically been the loudest voices at the table and really dominated what priorities rise to the top."

The voucher is supported by a property tax. Olson and other supporters hope to bring the model statewide. Critics said the program is not big enough to make a difference in elections and has not curbed outside spending. Ballots are due by 8 p.m. Tuesday.

Olson pointed out the vouchers have succeeded in encouraging more diverse participation in local elections.

"The intention of the program was to bring a public financing program to Seattle elections to help empower more candidates -- more diverse candidates, women, renters, people of color -- to have equal access to be able to run, and run competitive elections without having to rely on wealthy donors, special interests," Olson emphasized.

Olson noted because the money comes from a dedicated tax levy, unused vouchers roll over to the next election.

"The goal isn't to create an unlimited pot of money but to be able to provide resources for candidates to run with the community's support," Olson stressed. "But it's not a blank check at the same time."

Eric Tegethoff is a journalist covering the Northwest for Public News Service.

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