CEC submitted a comment to the U.S. Election Assistance Commission today urging it to assist state and local election officials to use the new federal resources made available in Executive Order 14248 (“Preserving and Protecting the Integrity of American Elections”):

Along with photo voter identification requirements and strong ballot custodial processes, accurate and timely maintenance of voter registration lists is vitally important to election integrity and voters’ confidence in election processes and outcomes. Moreover, voter list maintenance is required by federal law. 52 U.S.C. § 20507. At its simplest level, voter list maintenance ensures only eligible electors may receive and cast ballots and protects against vote dilution, which is prohibited by the Voting Rights Act. See Thornburg v. Gingles, 478 U.S. 30 (1986).
This Executive Order directs federal agencies to open databases to state and local election officials to assist with the accuracy of their list maintenance efforts. In many cases, the implementation of this directive will be the first time these officials have had access at a single time to such a large quantity of information relevant to voter list maintenance. These officials will need the support of the EAC’s Clearinghouse, Learning Lab, and other best practice guidance to ensure not only compliance with federal law but also successful processing and use of this information for the benefit of voters in next year’s federal election. CEC encourages the EAC to develop materials that will allow state and local election officials to make immediate use of these databases.

CEC also urged the EAC to take this opportunity to allow states’ proof of citizenship requirements to be reflected and implemented via the federal National Voter Registration Form:

Successful implementation of any reforms to the National Voter Registration Form (“NVRF”) will require these and other list maintenance tools in the hands of state and local election officials. Just as important, however, is that the EAC makes every effort to ensure that the NRVF allow the full realization and implementation of state law concerning voter registration and documentary proof of citizenship requirements. For over a decade, the NVRF’s printed instructions have conflicted with the legal requirements in several states to register to vote. See Arizona v. Inter Tribal Council of Arizona, Inc., 570 U.S. 1 (2013). CEC encourages the EAC to take this opportunity to resolve this issue for the benefit of voters and well-ordered election administration.