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Judicial Watch • Democratic Party of VA v. VA State Board of Elections 01218 Doc 23-2

Democratic Party of VA v. VA State Board of Elections 01218 Doc 23-2

Democratic Party of VA v. VA State Board of Elections 01218 Doc 23-2

Page 1: Democratic Party of VA v. VA State Board of Elections 01218 Doc 23-2

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Number of Pages:10

Date Created:October 15, 2013

Date Uploaded to the Library:October 20, 2016

Tags:registrars, VERIS, doc, Crosscheck, 01218, registered, PAGEID, Elections, democratic, Registration, Voters, matthew, PARTY, Voter ID, voter, Davis, Services, Virginia, filed, document, board, states


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Case 1:13-cv-01218-CMH-TRJ Document 23-2 Filed 10/15/13 Page PageID# 231 THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT VIRGINIA
ALEXANDRIA DIVISION
THE DEMOCRATIC PARTY
VIRGINIA,
Plaintiffs,
Civil Action No.: 1:13-cv-01218-CMH-TRJ
VIRGINIA STATE BOARD
ELECTIONS, al.,
Defendants.
DECLARATION MATTHEW DAVIS
Comes now, Matthew Davis, and pursuant U.S.C. 1746, makes the following
declaration under penalty perjury: citizen the Commonwealth Virginia, over years age, and
competent witness. have personal knowledge the matters set forth this Declaration, and
called witness would testify stated below. the Information Services Manager for the Virginia State Board Elections
(SBE), position have held since January 10, 2010. One the key responsibilities the
SBE ensure the integrity elections the Commonwealth and such one primary
responsibilities managing the voter registration and election management system called the
Virginia Election and Registration Information System (VERIS).
VERIS used all 133 electoral jurisdictions the Commonwealth maintain
the voter registration list for all registered voters Virginia. VERIS contains the voter
registration information over the 5.2 million registered voters Virginia and has been use
since February 2007. VERIS also used manage candidate qualification and election results
Case 1:13-cv-01218-CMH-TRJ Document 23-2 Filed 10/15/13 Page PageID# 232
reporting the Commonwealth. Access VERIS controlled the SBE and the
infrastructure and software development and maintenance services for VERIS are provided
and/or coordinated the SBE. accordance the Code Virginia, each registered voter provides personally
identifying information their respective general registrar form provided SBE. That
provided information then transcribed into VERIS the general registrar members
their staff. Both state and federal law require the SBE compare the data VERIS periodically external datasets help ensure the accuracy the voter registration rolls.
For example, SBE obtains monthly list felons from the Virginia State Police.
The felon data pulled into VERIS and compared the voters who are currently registered.
When potential match identified, SBE alerts the impacted general registrar the potential
match and the general registrar makes the final determination whether not the felon record
belongs the identified registered voter. there match, the general registrars duty
cancel the voters registration record and send the cancelled individual letter informing him
the action.
SBE performs similar processes monthly basis with data obtained from the
Social Security Administration, federal and state courts, the Virginia Department Health
Bureau Vital Statistics and the Department Motor Vehicles. each these cases, SBE
identifies potential voter registration records that have issue for the general registrars. The
general registrars statutory duty review the evidence provided them and make
registration decisions accordance with the Code Virginia.
Annually, SBE compares the entire voter registration list with the United States
Postal Services Change Address database. average, this process results SBE mailing
Case 1:13-cv-01218-CMH-TRJ Document 23-2 Filed 10/15/13 Page PageID# 233
out 250,000 notices voters requesting that they confirm their registration address. Voters who not respond this mailing are moved inactive registration status. Voters who
respond who have moved within their current registered locality have their voter registration
records updated their respective general registrar. part duties related voter registration list maintenance, was directed SBE Secretary Don Palmer work the Interstate Crosscheck Program (Crosscheck).
part the Crosscheck, SBE was provided with report that listed voters Virginia who were
also registered one more the other participating states based match first name, last
name and date birth. Virginia received list 308,000 potential duplicate registrations.
From this list, voters were found registered different states, voters were found registered different states, 113 voters were found registered different states,
1,123 voters were found registered different states and 16,361 voters were found
registered different states and 253,786 voters were registered Virginia and one other state.
Pursuant discussion with Secretary Don Palmer, was determined perform
further analysis the data narrow the list down voters who matched other states data with exact match their first name, last name, date birth and last digits their Social
Security Number. Virginia identified approximately 80,000 these individuals. addition,
Virginia identified 296 voters who appear have voted more than one state the November
2012 General Election. Further analysis would required determine whether the data
demonstrated clearly that these voters did fact vote two states. focusing initially this
exact data match, eliminated from the crosscheck list 79,324 records who appeared
registered Virginia and another state. The most common reason for eliminating these voters
Case 1:13-cv-01218-CMH-TRJ Document 23-2 Filed 10/15/13 Page PageID# 234
because the other state Florida large example does not use the social security number for
voter registration purposes.
10. presentation these statistics was made the State Board Elections
April 2013 and the Board voted have the staff the State Board Elections work with the
Office Attorney General investigate the potential cases duplicate voting. Because
Virginia there signature needed for vote polling place, was determined that the
effort should focus voters who had signed something the time voting both states.
Virginia, the initial review was based those who voted absentee ballot, while other states could focus both absentee voting and signatures the poll book applicable.
11.
Based upon this very focused and narrow review, identified individuals
who appear have voted both Virginia and another state the 2012 election. worked
obtain copies some these voters Virginia Absentee Ballot Applications and other
documentation from the general registrars. also worked obtain copies signed
documentation from the other states for comparison. understanding that these cases are various states prosecution Virginia and other states.
12.
The next several months were extremely busy the State Board Elections.
conducted the May 2013 General Election and the June 2013 Primaries. July, SBE conducted
its Code Virginia required Annual Training event for all general registrars and electoral board
members and kicked off its annual federally required National Change Address mailing
approximately 250,000 voters. SBE also built its online voter registration system from the
ground between the months April and July, going live about July 22, 2013. Beyond
that, approximately other pieces new legislation had implemented July the
Case 1:13-cv-01218-CMH-TRJ Document 23-2 Filed 10/15/13 Page PageID# 235
staff the SBE, including establishing registration and training program for third-party voter
registration groups.
13. number new pieces legislation now requires SBE compare voter
registration data with other states for the purposes list maintenance and provide that
information general registrars. Given the election schedules and legislative implementation
needs Virginia, late summer provided the best and first opportunity for SBE provide the
data the general registrars for their review and action. scheduling allowed, SBE began the
process preparing the results from the Crosscheck for sharing with the general registrars.
report format was developed and the results were shared with the general registrars James City
County and Pulaski County for feedback. Both general registrars indicated that the report format
provided them with the information that was needed make registration decisions.
14. August 23, 2013, each general registrar Virginia was provided with
Excel spreadsheet listing the voters their localities who were registered another state. See
Exhibit attached hereto. The file included the Virginia voter identification number, the voters
name, date birth, last digits their Social Security Number, the other state and jurisdiction
where they were registered, their current Virginia registration status and the dates registration both Virginia and the other state. The general registrars were asked review the records for
possible cancellation. They were not instructed cancel every voter the list.
15.
Based feedback from the general registrars, August 28, 2013, updated the
Excel spreadsheets provided the localities include new columns data. See Exhibit
Attached hereto. Specifically, added the voters address the other state and added column
that showed the date the last registration application received Virginia. addition, the
communication the general registrars August 28, 2013, specifically recommended that the
Case 1:13-cv-01218-CMH-TRJ Document 23-2 Filed 10/15/13 Page PageID# 236
general registrars not cancel any voter who had more recent Virginia activity date than the date registration the other state.
16. have read the Complaint this case that alleges there were errors the
Crosscheck lists provided localities because some the voters were correctly registered
Virginia. That not correct. The called errors were expected. SBE did and does not
cancel voters registrations based upon the Crosscheck list similar lists. Instead, these lists are
sent the general registrars whose duty review all the available data within VERIS
regarding each voter registration record. For example, the general registrar would have checked
the vote history for each voter see they have actively participated elections since
registering the other state and they would have checked the correspondence records see
the voter had responded letter requesting information since registering the other state.
17.
There appear two primary reasons why there are called errors the
Crosscheck list. First, voter can move out state, register that state, then move back
Virginia and submit application here. his registration Virginia was never cancelled,
registrars treated the new application voter registration update. This type voter would still
show the Crosscheck list having voter registration date that pre-dates the out state
registration. The registrar would quickly identify this during his review and not cancel such
voter.
18.
Second, the Crosscheck list based data specific point time. other
words, the Crosscheck list accurately reflects the data January 2013. This when all the
data was provided the coordinator the Crosscheck. The final Crosscheck list was not
provided the election community until August 2013. During this intervening time, voter
could have registered Virginia voted primary. Thus, the voter would show the
Case 1:13-cv-01218-CMH-TRJ Document 23-2 Filed 10/15/13 Page PageID# 237
Crosscheck list possible cancellation but fact would not eligible for cancellation, and
the registrar would able quickly determine that with the information provided.
19.
For the voters who were cancelled, the general register determined that the
registration the other state occurred after the registration and activity Virginia occurred. aware examples where general registrars have made mistake and cancelled voter who
should not have been cancelled. There are multiple safe-guards however the system that
protect the rights these voters cast ballot. the event cancellation, each voter should
have been issued letter the general registrar informing them the cancellation and
providing them with information correcting the cancellation occurred error.
addition, any cancelled voter who does show vote Election Day will still able cast provisional ballot which the voter eligible voter will counted after review and
verification the local electoral board. While this inconvenience the voter, this
directly caused the fact that the individual registered vote more than one state, which done intentionally felony.
20.
The lists voters provided the general registrars was not purge list nor
were any particular voters targeted based any discriminating factor. These lists were list
individuals who the time the data comparison January 2013 appeared illegally
registered more than one state. addition, SBE already attempted contact over 50%
these voters the past through the National Change Address process.
21.
SBE exists ensure the integrity the election process Virginia. One the
methods our disposal working ensure the accuracy the registered voter list. Every
voter removed from Virginias registered voter list will have multiple opportunities correct
their registration and ensure that they ballot cast and counted. addition, SBE has taken
Case 1:13-cv-01218-CMH-TRJ Document 23-2 Filed 10/15/13 Page PageID# 238
major steps the last year actually increase voter registration through the mailing almost
900,000 postcards unregistered residents and the launching the online voter registration
system.
22. declare under penalty perjury that the foregoing true and correct. Executed October 11, 2013.
FURTHER AFFIANT SAYETH NOT.
~HEW
DAVIS
Case 1:13-cv-01218-CMH-TRJ Document 23-2 Filed 10/15/13 Page PageID# 239
Subject:
Davis, Matthew (SBE) [Matthew.Davis@sbe.virginia.govj
Friday, August 23, 2013 4:06
SSE General Registrars; SBE Members
Out State Cancellations Notices OFFICIAL SSE COMMUNICATION
importance:
High
From:
Sent:
To: January 2013, Virginia participated multi-state voter registration crosscheck spearheaded Kansas. tot,1!
states participated, sharing over million voter registration records. result this Initiative, Virginia has received list 80,515 voters who, January 2013, were registered i11
Virginia prior registering one the other participating states. Through normal registration update and canc1 :II; tion
processes 23,222 Virginia voter records have already been corrected. This leaves additional 57,293 voters (27;
active and 30,251 inactive) Virginias voter registration roils that need reviewed for possible cancellation
SBE has prepared Excel file for each locality listing the voters that need reviewed for cancellation and maile<
notice. The file includes the information that you will likely need make determination whether no: t