Sunday, November 01, 2015
http://www.newsleader.com/story/news/local/2015/10/30/voters-must-have-photo-id/74889138/
Messick said her office has issued about seven voter ID cards since the 2014 law went into effect requiring photo IDs. She said no paperwork is required to obtain the photo ID, just a signed statement from the person swearing they are who they say they are, and they must provide the last four numbers of their Social Security number.
Anyone know the legal situation for making a voter provide a social security number?
Is this allowed under HAVA, Moter-Voter, etc., or is it a prohibited practice under the 1974 Privacy Act?
It turns out that Virginia is grandfathered under the privacy act.
Messick said her office has issued about seven voter ID cards since the 2014 law went into effect requiring photo IDs. She said no paperwork is required to obtain the photo ID, just a signed statement from the person swearing they are who they say they are, and they must provide the last four numbers of their Social Security number.
Anyone know the legal situation for making a voter provide a social security number?
Is this allowed under HAVA, Moter-Voter, etc., or is it a prohibited practice under the 1974 Privacy Act?
It turns out that Virginia is grandfathered under the privacy act.
Are all the States using the 4-digit HAVV system?
Forty-three states currently use HAVV. Although the 4-digit HAVV system is designed to track usage by all states and territories, the law does not require all states to use the system. Seven States are not using the 4-digit HAVV system.
Six States (New Mexico, Hawaii, Kentucky, South Carolina, Tennessee, and Virginia) are “grandfathered” under section 7 of the Privacy Act, and are permitted to use the 9-digit SSN on applications for voter registration. None of these states currently uses the 4-digit HAVV verification.
Six States (New Mexico, Hawaii, Kentucky, South Carolina, Tennessee, and Virginia) are “grandfathered” under section 7 of the Privacy Act, and are permitted to use the 9-digit SSN on applications for voter registration. None of these states currently uses the 4-digit HAVV verification.
The States are required to verify the driver’s license number against the state MVA database. Only in situations where no driver’s license exists should the states verify the last four digits of the new voter registrant’s Social Security Number (SSN). The State submits the last digits of the SSN, name, and date of birth to the MVA for verification with SSA. In addition, SSA is required to report whether its records indicate that the registrant is deceased.
To ensure the privacy of the SSN, HAVA restricted the collection to only the last four digits of the SSN. HAVA provides that these last four digits do not constitute an SSN.
So on the one hand it's not a privacy act violation, and can be allowed under HAVA, but on the other hand they aren't supposed to do the last-4 routine unless someone doesn't have a driver's license, and virginia's practice seems to be to ask everyone for the last 4 to get a voter ID. So the voter's privacy is violated one way or the other.
To vote on Nov. 3, registered voters must present a photo ID at the polls, Messick said. Acceptable identification includes a driver’s license, passport, employee ID, credit card displaying photograph, membership card with photo, military ID, nursing home ID and student ID.
So at least it doesnt have to be a government issued photo ID, a sam's club card would do. I don't know of any photo ID's that are free (or don't require divulging ssn.) I continue to think that all this extra hoopjumping is a 24th Amendment violation similar enough to the one at issue is Harman v Forssenius.
Contrary to what some courts have held, a 24th Amendment violation doesn't have to duplicate the exact fact pattern of Harman. That's not how landmark cases work. It's enough that extra paperwork barriers are added that have the result or intent of deterring or suppressing voting.
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