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DOJ demands South Carolina turn over voter registration list

More than 1.5 million South Carolinians voted early, either by in-person early voting or by-mail absentee ballot, according to the State Election Commission. The 2024 general election is Tuesday, Nov. 5.
GAVIN JACKSON

The U.S. Department of Justice is seeking South Carolina's voter registration list with sensitive information attached it says is needed to assess the state's "compliance" with federal requirements.

The demand is part of a multi-state ask for voter and election information.

The request, brought by the DOJ's Civil Rights Division, has raised questions about what specifically the information will be used for and how the sensitive data will be stored.

Specifically, the DOJ has asked South Carolina's State Election Commission to hand over an electronic copy of the state's more than 3.3 million registered voters that includes names, birth dates, home addresses, driver's license numbers or the last four digits of voters' Social Security numbers.

It also asks the state to provide a list of election officials charged with implementing South Carolina's voter registration list maintenance from November 2022 through the letter's receipt. The letter said those responsible for maintenance extends to local election officials.

Gov. Henry McMaster's spokesman Brandon Charochak said McMaster "fully supports" DOJ's request.

"South Carolina’s voter rolls are public records, which are well maintained and have been made available to the public in various formats for decades," he said. "In addition, the federal government already has our federally issued Social Security numbers — that’s how they find bogus Social Security numbers on state voter rolls.”

Lynn Teague, vice president of the League of Women Voters of South Carolina, said the League is "very concerned."

It casts "doubts on the integrity of those voter rolls, and it is inappropriate and it leads to further voter apathy," Teague said.

FILE - The Department of Justice seal during a news conference at the DOJ office in Washington, May 16, 2023. (AP Photo/Jose Luis Magana, File)
Jose Luis Magana/AP
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FR159526 AP
FILE - The Department of Justice seal during a news conference at the DOJ office in Washington, May 16, 2023. (AP Photo/Jose Luis Magana, File)

The DOJ first made the request back in July. A formal request signed by Michael Gates, the deputy assistant attorney general in the Civil Rights Division, was made on Aug. 6 asking for the complete voter file for "purposes of enforcing" the National Voter Registration Act and the Help America Vote Act.

"The phrase 'all records' envisions an expansive application and includes the registration of cancelled records and accompanying voter history," the letter said.

The State Election Commission met Aug. 27 to discuss the DOJ's request after Commission requests for more time to comply.

In a statement, the Commission said it told staff to engage with the DOJ to find what information can be shared under state and federal law. The Commission said it is committed to complying with all legal requirements, while also ensuring the privacy and security of voters' information.

The DOJ has given the Commission an extension deadline of Sept. 5.

The State Election Commission completed its statewide registration check back in July.

Early this year, the State Election Commission mailed voter confirmation cards to more than 191,000 registered voters who had not voted or updated their voter registration since the 2020 general election.

As of July 1, of those who received confirmation cards, the Commission said 23,000 voters remain active and 168,000 voters were made inactive, which does not remove that voter from the rolls. The Commission said inactive voters remain eligible to vote but they will have to reactivate their registration by voting or updating their information on the State Election Commission's website.

South Carolina Democratic Party Chair Christale Spain called the DOJ request an "unprovoked invasion of privacy and a dangerous example of federal overreach."

State GOP Chair Drew McKissick commended the ask.

"It's another example of President Trump working to do exactly what he said that he would do when he ran for the White House," he said.

Maayan Schechter (My-yahn Schek-ter) is a news reporter with South Carolina Public Radio and ETV. She worked at South Carolina newspapers for a decade, previously working as a reporter and then editor of The State’s S.C. State House and politics team, and as a reporter at the Aiken Standard and the Greenville News. She grew up in Atlanta, Georgia, and graduated from the University of North Carolina-Asheville in 2013.