The Database Dilemma:  Implementation of the HAVA Voter Registration Database Requirement in the State of Washington

Problems associated with the 2000 election prompted Congress to pass the Help America Vote Act ("HAVA") in 2002, with the intent of ensuring that eligible voters would have his or her vote counted.   Although allegations of intimidation and fraud topped the headlines after the 2004 election, nearly two-thirds of problems reported nationally were basic voter registration and database issues. 

In enacting HAVA, Congress required states to take the responsibility for creation and maintenance of statewide computerized voter databases, a major change from the past in which voter databases were largely the responsibility of counties.  The Act requires that states ensure the "the name of every eligible voter appears" in the system and that "eligible voters are not removed in error."  Thereafter, states have a fair degree of discretion as to how the database is constructed.

Appleseed's mission includes support for systems and policies that encourage a free and open society and broad voter enfranchisement.  To that end, in 2005, Appleseed, in conjunction with Latham & Watkins and with the assistance of the Brennan Center for Justice at New York University Law School, produced a set of best practices to be used for implementation of HAVA's statewide voter registration databases.  The recommendations recognize that seemingly insignificant technical choices can have profound policy implications.  The best practices include standards for:

1.      Procuring external contracts

2.      Collecting data from other state agencies

3.      The use of unique identifying numbers

4.      Addressing privacy concerns

5.      Purging and restoring voters’ information

6.      Protecting vote-data from loss

After publication of its initial report, The Database Dilemma, Appleseed made a continuing commitment to work with state and local election officials, legislators, the attorneys general, lawyers, and community-based organizations to implement the recommendations.  In furtherance of this commitment, Appleseed developed a national project, in partnership with the Carnegie Foundation, to review individual states' performances.  State chapters of Appleseed in Washington and New Jersey agreed to scrutinize their state's policies and procedures in the creation of a statewide voter database. 

The Database Dilemma: Implementation of HAVA's Statewide Voter Registration Database Requirement in the State of Washington report pertains to Washington State's performance, as of May 2007, in implementing the statewide voter registration database.  Principal Investigators Deborah H. Eddy and Carrie R. Evans led the research for this report.