Home » Alabama Partners With Homeland Security on Voter Roll Verification

Alabama Partners With Homeland Security on Voter Roll Verification

Baxley Maniscalco Attorneys

Alabama Secretary of State Wes Allen has signed a formal agreement with the U.S. Department of Homeland Security to verify voter citizenship status, marking the latest step in his ongoing efforts to strengthen election security measures across the state.

The partnership grants Alabama access to federal immigration databases to identify undocumented immigrants who may be registered to vote.

Table of Contents

    Understanding the SAVE Program Agreement

    The new partnership provides Alabama access to the Systematic Alien Verification for Entitlements (SAVE) program, which is administered by U.S. Citizenship and Immigration Services under the Department of Homeland Security. This system allows state officials to cross-reference voter registration information against federal immigration databases to verify citizenship status.

    Under the agreement, Allen's office will submit voter roll information to DHS, which will then check the data against immigration records to confirm voters' immigration status. The program is designed to identify individuals who may be registered to vote but lack U.S. citizenship, which is required for voting eligibility under both state and federal law.

    Allen emphasized the constitutional basis for the initiative in his announcement. "I have been very clear that only United States citizens should be voting in our elections, which is what our constitution, state and federal law unequivocally demand," he stated.

    Implementation Timeline and Process

    Alabama plans to begin using the SAVE system immediately to verify citizenship status for both current registered voters and all incoming voter registrations. This represents a proactive approach to election integrity that will apply to new registrations as they are processed rather than only addressing existing records.

    The verification process will operate as an additional layer of security in Alabama's voter registration system. When voter information is submitted to the SAVE program, federal databases will be searched to determine if individuals have immigration records that would indicate non-citizen status.

    Allen positioned this initiative as essential for protecting election integrity. "Ensuring that only eligible United States citizens are registered to vote in Alabama is a vital step to protecting our elections," he explained in the announcement.

    Privacy Protections and Data Security

    The SAVE program operates under strict privacy protections established by the Privacy Act of 1974. These federal regulations limit how Allen's office can use the information obtained through the database searches, restricting its application to determining eligibility for benefits, licenses, and voting rights.

    The privacy framework means that information gathered through SAVE cannot be used for broader immigration enforcement purposes or shared with other agencies for unrelated investigations. The data must be used specifically for the stated purpose of verifying voting eligibility.

    These protections are designed to encourage cooperation with the verification process while ensuring that the program doesn't become a tool for broader immigration enforcement activities that could discourage eligible citizens from participating in the democratic process.

    Allen's Broader Election Security Agenda

    The SAVE program agreement represents the latest initiative in Secretary Allen's comprehensive approach to election security, which has included several significant policy changes since he took office. His efforts have focused on strengthening verification processes and reducing opportunities for electoral fraud.

    One of Allen's most notable actions was Alabama's withdrawal from the Electronic Registration Information Center (ERIC), a national voter system used by multiple states to identify voter address changes and maintain updated voter rolls. Alabama left ERIC despite its widespread use by other states for maintaining accurate voter registration databases.

    In place of ERIC, Allen implemented the Alabama Voter Integrity Database (AVID), a proprietary system designed to serve similar functions while operating under Alabama's direct control. This change reflected Allen's preference for state-controlled election security measures rather than participation in multi-state systems.

    Anti-Ballot Harvesting Legislation

    Allen has also supported legislative efforts to restrict ballot harvesting practices in Alabama. He backed Senate Bill 1, sponsored by Senator Garland Gudger, which made it a Class C felony for individuals to receive payment for assisting others with absentee ballot applications.

    This legislation had immediate practical effects beyond its legal implications. Several voter outreach organizations halted their assistance programs following the law's passage, citing concerns about potential prosecution under the new regulations. The law demonstrates how election security measures can have broader impacts on voter engagement activities.

    The ballot harvesting restrictions reflect concerns about the potential for abuse in absentee voting processes, though critics argue that such measures can also limit legitimate assistance for elderly or disabled voters who may need help navigating ballot procedures.

    Political Context and Timing

    Allen's agreement with Homeland Security comes as he campaigns for lieutenant governor, adding a political dimension to the election security initiative. His record on election integrity measures has become a central part of his political profile and appeal to conservative voters who prioritize election security concerns.

    The timing of the announcement, during an active political campaign, raises questions about whether the initiative is primarily policy-driven or strategically timed to enhance Allen's political standing with voters who support stronger election security measures.

    Regardless of political motivations, the practical implementation of the SAVE program will continue beyond the current election cycle and could influence how Alabama conducts voter verification for years to come.

    Legal and Constitutional Framework

    The citizenship verification program operates within established legal frameworks that require U.S. citizenship for voting in federal elections. The Constitution grants states significant authority over election administration while requiring compliance with federal voting rights protections.

    Courts have generally upheld citizenship verification programs when they include appropriate due process protections and don't create unreasonable barriers for eligible citizens to register and vote. The key legal test is whether such programs enhance election integrity without disproportionately burdening legitimate voting rights.

    The SAVE program's reliance on federal databases rather than state-level investigations may provide stronger legal footing than some other verification approaches, since it uses authoritative federal immigration records rather than less reliable indicators of citizenship status.

    Implementation Challenges and Considerations

    While the SAVE program provides access to federal immigration databases, the verification process may face practical challenges in implementation. Database matching can be complicated by name variations, data entry errors, and changes in personal information over time.

    Additionally, the program will need to account for individuals who may have gained citizenship after their initial immigration records were created, requiring processes to handle cases where database information may not reflect current citizenship status.

    The success of the program will likely depend on developing efficient procedures for resolving discrepancies and ensuring that eligible citizens are not incorrectly flagged or removed from voter rolls due to database errors or outdated information.

    Broader National Context

    Alabama's partnership with DHS reflects broader national discussions about election security and voter verification. Multiple states have implemented various forms of citizenship verification, though the specific approaches and technologies used vary significantly across jurisdictions.

    The effectiveness of such programs in identifying actual cases of non-citizen voting remains a subject of ongoing research and debate. While preventing non-citizen voting is broadly supported across the political spectrum, there are disagreements about the frequency of such violations and the most effective methods for addressing them.

    Alabama's experience with the SAVE program may provide data that informs these broader national discussions about best practices for maintaining accurate voter rolls while protecting eligible citizens' voting rights.

    For questions about voting rights, election law, or citizenship verification processes, Baxley Maniscalco's experienced legal team can provide guidance on navigating complex legal requirements.