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The ERIC system FAILED to remove registrants as stated, and this is documented by ELECT & by voter roll analysis. WE DO NOT NEED ERIC AND IT WILL ERODE OUR ELECTIONS. ELECT & Virginians have no idea how ERIC/CEIR transferred or stored the Commonwealth’s PII data (provided from 2012 through 2023), what algorithms were used to identify EBUs or whether only certain EBUs were targeted, which individuals or entities were granted access to the data, what types of other analytics were performed on the data, or if the myriad potential unofficial uses (or misuses) of the data. Such legitimate concerns (over data privacy, ERIC’s obvious partisan ties, lack of transparency, and focus on costly voter registration efforts versus actual voter maintenance) are the reason VA and eight other states (LA, FL, MO, WV, AL, OH, IA, TX) opted to withdraw from ERIC since January 2023. To be clear, if ERIC had been concerned with voter roll maintenance, how is it that ERIC failed to detect the nearly 19,000 deceased voters on Virginia’s rolls (from 1960 to 2023) recently identified & removed by ELECT? And similar issues have been found in many other ERIC member states. In fact, it appears that by signing the ERIC contract in 2012, ELECT unilaterally, willfully, & negligently granted itself authority not permitted by federal or state statute, and committed the Department to: Perform regular, ongoing, costly, taxpayer-funded, mass voter registration and GOTV efforts, Release the Commonwealth’s sensitive data to a partisan hack organization (& other unknown entities) by which said groups utilized undisclosed methods, algorithms, and datasets without any oversight. Virginia Law explicitly requires the Commissioner of Elections to serve as state coordinator for the administration of the NVRA & for the continuing operation and maintenance of the Virginia voter registration system for all voters registered in the Commonwealth. Virginia Code (§ 24.2-404.4. Exchange of registered voter lists with other states.) already requires ELECT to exchange voter registration information & lists with bordering states to identify duplicate registrations, voters who no longer reside in the Commonwealth, and other persons who are no longer entitled to be registered in order to maintain the overall accuracy of the voter registration system. Given modern technology and the numerous available government (federal, state, and local) and easily accessible commercial databases, Virginia can and should utilize such resources to garner, compare, and exchange information and records (Social Security, voter registration, DMV, deaths, address changes, felons, property tax, and citizenship status) to maintain accurate voter rolls. Ultimately, Virginia must follow the law, use taxpayer money wisely, and protect both the rights and privacy of: each legally-registered voter in Virginia, each citizen who opts not to register to vote, each minor citizen under the age of 18, and the privacy of each noncitizen residing in the Commonwealth. The integrity of Virginia’s voter rolls is a fundamental component of the protection of voter rights, and accurate and up-to-date voter rolls are essential to prevent the dilution of each legal vote cast. Allowing partisan organizations unfettered access to and control over our state’s voter rolls infringes on voter rights, eradicates legitimacy of our voter rolls, and allows for the dilution of each legal vote cast.

Neither Bill will help election integrity. Voting with paper ballots on election day with hardship exceptions is the only way to insure that there was no electronic interference with the vote!

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The League of Women Voters strongly supports HB 1177 and appreciates Delegate Sickles’ extensive efforts to convince ELECT to rejoin ERIC. Our voter rolls must be accurate. ERIC provided Virginia residents the assurance that our voter rolls did not include voters who moved away from our Commonwealth. This bill would require ELECT to regain efficient access to that important data.

Comments Document

January 26, 2024 RE: HB 1177 Opposition Chair Marcia S. Price & the Committee on Privileges and Elections Dear Committee on Privileges and Elections, America needs to restore integrity in the election process; Virginia needs election laws that citizens can support and instill confidence in. We need nonpartisan laws that both sides can support. Unfortunately, the repeal of the Electronic Registration Information Center, better known as E.R.I.C., is flawed with problems. Large states like Florida, North Carolina, Texas, and Ohio have pulled out, while California and New York have never been part of the program. Why would Virginia join a program that has not met these states' needs? The Voter Reference Foundation, a 501(c)(4), is dedicated to ensuring transparent, accurate, and fair elections in the United States of America. We have a national scorecard for every state in the nation. Virginia’s transparency score is only 65, while North Carolina has a score of 97, and West Virginia has a score of 83. Two other partisan states have similar scores: New York's 84 and Ohio's 92. Virginia's previous departure from ERIC was necessary to restore the public’s trust. There has been no real reform nor justification to go back. The legislature's last actions were bipartisan and correct. We urge the committee to oppose HB 1177, and support continued transparency. Respectively, Gina Swoboda Executive Director The Voter Reference Foundation

I oppose HB 1177. The bill requires VA to re-enter into an agreement with ERIC. ERIC’s standard agreement prohibits the disclosure to the public of ERIC data or reports without a court order. ERIC data includes state provided information reformulated by ERIC and sent back to Elect in the form of monthly reports. The National Voter Registration Act requires the disclosure of data to the public if that data is used for voter list programs or maintenance. It appears that this provision of the ERIC agreement is legally flawed. The legislature is not empowered to require the executive branch to enter into a legally flawed agreement.