Voter Privacy in the Digital Age

Key findings and recommendations

States are gathering a wide array of data from voters through voter registration forms:

• All states require voters to provide their name, address and signature;

• Every state but one requires voters to provide their date of birth;

• 46 states ask voters to provide their phone number;

• 34 states ask voters to declare their gender;

• 30 states ask voters to provide all or part of their Social Security number;

• 27 states require voters to select a party affiliation;

• 14 states ask voters to provide their place of birth;

• Eleven states ask voters for their drivers’ license number;

• Nine states ask voters to declare their race;

• Four states ask voters if they need special assistance at the polls;

• Three states require voters to provide a parent’s name;

• Two states ask voters to provide an email addresss;

• One state, Arizona, requires voters to state their occupation.

Of the five different kinds of notice to voters that appear on voter registration forms, penalty notice is the most common while secondary users notice is the least common:

• All state forms include a notice informing voters that by signing the form they are avowing to the authenticity of their registration information; many warn voters of potential fines or jail time for providing false information;

• 19 of the 30 states that collect Social Security numbers explain on the voter registration form the purpose for gathering this number;

• 13 of the 38 states that collect optional information from voters provide clear notice on their forms as to which fields are optional and which are required;

• Only four states indicate on voter registration forms that voter data is public record;

• Only one state, Iowa, makes a specific reference to secondary uses of voter registration data on its state registration form.

Some voter data is redacted before records are made available to secondary users:

• Eleven states redact some or all of voters’ birthdates from voter rolls, while 38 do not;

• Five states redact voters’ phone numbers, while 41 do not;

• All but one of the 30 states that collect Social Security numbers redact these numbers before redistribution to secondary users;

• Two states redact voters’ birthplaces, while twelve do not;

• Six states that collect voters’ drivers license numbers redact these numbers, while five do not;

• 27 states give certain voters the right to remove their records from voter lists obtained by secondary users.

Voter data is widely disseminated to secondary users, including commercial interests in 22 states, typically without any notice to voters that their information will be shared:

• All states grant candidates and political parties access to voter lists;

• 43 states use voter lists as a juror source list;

• 22 states allow unrestricted access to voter lists, which permits the lists to be used for commercial purposes;

• Four states grant scholars and academics access to voter lists under state statutes;

• Four states grant journalists access to voter lists under state statutes.

In considering policy recommendations to states for protecting voter privacy in the digital age, it is important to balance the need to protect voter privacy with the equally important need for election agencies to continue to collect sufficient information from voters to ensure proper registration and keep elections secure. It is also important to recognize that voter lists are a fundamental part of the campaign process. The following recommendations to states would improve voter privacy while maintaining the integrity of election administration as well as the ability of campaigns to reach voters:

1. Add notice language to voter registration forms stating that voter information is public record and explaining which secondary uses are permitted.

2. Place clear instructions and indicators on voter registration forms that explain which fields are optional and which are required.

3. Limit collection of data on voter registration forms.

4. Protect sensitive voter data.

5. Prohibit commercial use of voter lists and voter registration data.

6. Strengthen enforcement of laws that protect voter data from abuses by secondary users.

7. Consider applying the Federal Trade Commission’s Fair Information Practices principles to voter registration data (Notice, Choice, Access and Security).

Contents: About this study Key findings and recommendations Introduction Trends underway Findings Discussion of findings Recommendations Conclusion Endnotes Appendix

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This page was first published on June 9, 2004 | Last updated on January 23, 2012
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