Virginia becomes the latest state to leave nonpartisan election security pact

NBC News

By Michael Mitsanas | August 10, 2023

Virginia formally withdrew from an election information-sharing pact Thursday, becoming the latest state under Republican control to leave the nonpartisan program, which became the subject of conspiracy theories surrounding the 2020 presidential election.

"Virginia’s resignation from ERIC is effective August 10," a spokesperson for the Virginia Department of Elections confirmed.

The Electronic Registration Information Center, known as ERIC, is an information-sharing group designed to help member states spot voters who should be removed from their voter rolls, including those who are dead and those who move to different states. The system also flags potential cases of double-voting — a voter’s casting ballots in more than one state — which are then used to investigate potential instances of voter fraud.

In a letter notifying the group of Virginia’s intention to leave the agreement, Susan Beals, the commissioner of Virginia's Elections Department, cited concerns about the pact’s "increasing and uncertain" costs, as well as an "inconsistent enforcement" of membership criteria, as factors leading to its withdrawal.

"In short, ERIC’s mandate has expanded beyond that of its initial intent — to improve the accuracy of voter rolls," Beals wrote in May. "We will pursue other information arrangements with our neighboring states and look to other opportunities to partner with states in an apolitical fashion."

ERIC did not immediately respond to a request for comment.

Virginia, a swing state, was one of ERIC's founding member states in 2012, and the group's website says its seven founding members "believed using state-of-the-art data matching technology, a robust and safe data sharing program built on widely accepted information security standards, and an unprecedented commitment to cooperation would vastly improve their ability to maintain accurate voter rolls."

Virginia is the ninth state to have either withdrawn or announced plans to withdraw from the pact — following Alabama, Florida, Iowa, Louisiana, Missouri, Ohio, Texas and West Virginia — after some prominent conservatives, including former President Donald Trump, linked the group to unsubstantiated allegations of widespread voter fraud during the 2020 election. All nine states have Republican governors — except Louisiana, where the Republican secretary of state oversees elections.

The Elections Department spokesperson said the commonwealth is collaborating with other states to create a new program to spot double voters.

Asked whether the final pact is expected to include other voting safeguards, the spokesperson said that "we are working with other states on that," without specifying which provisions it would include or when a new program could be announced.

"We do not have any additional information as of yet," the official said.

On Thursday, Democrats accused Republican Gov. Glenn Youngkin's administration of withdrawing from "a system designed to prevent voter fraud — without a replacement."

Marcus Simon, the deputy leader of Virginia's House Democrats, said the commonwealth's Republicans are letting election conspiracies dictate policy decisions "even as evidence continues to mount showing the big lie was part of a conspiracy to defraud the United States," which he said makes Virginia's "election less secure."

Youngkin's office did not immediately respond to a request for comment.

In the letter, Beals said the commonwealth is concerned about the "stewardship" of voter information and accused the pact of sharing data with external organizations "leveraged for political purposes."

Shane Hamlin, ERIC's executive director, wrote in an open letter that such allegations are unfounded.

"Members retain complete control over their voter rolls and they use the reports we provide in ways that comply with federal and state laws," Hamlin wrote in March, later adding that the organization adheres to "widely accepted security protocols" in handling voter data, which he said is housed in a "managed, secure data center."

"We will remain focused on our mission by providing our members with actionable data they can use to keep their voter rolls more accurate, investigate potential illegal activity, and offer voter registration information to those who may need it," he said.

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