The U.S. Supreme Court ruled Friday that states may use the federal SAVE database to verify voter citizenship, reversing lower court decisions that found the database was inaccurate and would likely disenfranchise eligible voters.
In its opinion, the majority wrote that “the Federal Government has an obligation to respond to requests from state and local election officials seeking to verify the citizenship of voters.”
“The District Court’s order thus inhibits the Federal Government’s efforts to assist state and local agencies in the proper administration of the midterm elections, the ruling reads. “Under these circumstances, the equities weigh in favor of a stay.”
The Department of Homeland Security initially designed the SAVE database to determine benefit eligibility for immigrants and to track applicants pursuing U.S. citizenship. Under the Trump administration, it had been repurposed to screen voters for citizenship. Critics say the tool is outdated, often inaccurate and poses a significant risk of wrongly removing eligible voters from rolls.
Voting rights groups, including the League of Women Voters and the Electronic Privacy Information Center, filed suit last year. They argued that combining SAVE data with Social Security records violated confidentiality provisions in the Social Security Act, the Privacy Act and the Administrative Procedures Act.
While the ruling permits states to use the database, adoption remains uncertain. Some conservative states have used SAVE previously, saying it has been helpful in maintaining voter rolls. However, most states have resisted the federal government’s efforts to use citizenship verification systems or wrest control of voter registration efforts away from states. The Trump administration has lost 23 federal court cases in attempts to compel states to share additional data.