by Jim McCarthy

A February 25 article in Bacon’s Rebellion, “Forget Waldo, Where’s ERIC?” by James Wyatt Whitehouse raised questions about the volunteer national election clearing house organization entitled Electronic Information Registration Center, or ERIC. The BR piece highlighted the experience of the Alabama Secretary of State:

On February 15, 2023, Alabama Secretary of State Wes Allen paid a visit to the ERIC headquarters in Washington, D.C. It is important to note that Mr. Allen withdrew Alabama from participation in ERIC just a few weeks before his visit. Mr. Allen had this to say about his visit to the Connecticut Avenue headquarters of ERIC, Inc.: ‘I was in DC for a meeting of the National Association of Secretaries of States and, since I was in town, I went to see the ERIC Headquarters. What I found was that there was no ERIC headquarters at that address. There were no employees. There were no servers. There was no ERIC presence of any kind. Instead, I found a virtual office that is rentable by the day. What it was missing was people, servers, and any sign of the ERIC team.’

The absence of existential staff and the existence of a virtual office prompted subsequent questions concerning ERIC’s information security and its utility to member states. As noted, Mr. Allen pulled the trigger on his state’s membership weeks before asking his questions. In 2012, Virginia was a founding member of ERIC under the administration of Governor Bob McDonnell.

Election integrity, a questionable and conspiracy-prone equitable outcome of the Big Steal fever arising from the 2020 Presidential election, was an often-cited policy objective of then-candidate Glenn Younkin in the 2021 campaign. For some, election integrity (e.g., in Florida and Texas) means increased criminal prosecution for violations over measures to increase or ease voter registration and ballot access. A primary function of ERIC was to assist member states in clearing voting rolls of the dearly departed who were cited as evidence of voter fraud largely because their names remained active on state databases.

Virginia’s withdrawal of its membership in ERIC was communicated in a letter from the state’s elections commissioner, Susan Beals, to the head of ERIC, and reported in the Virginia Mercury. The letter “listed a variety of reasons, including increased uncertainty and the declining participation of other Republican-led states, concerns about the “confidentiality of voter information” and “controversy surrounding the historical sharing of data with outside organizations leveraged for political purposes. In short, ERIC’s mandate has expanded beyond that of its initial intent – to improve the accuracy of voter rolls.” Beals also stated, “Virginia would be able to “replicate favorable ERIC functionally internally.” That phraseology resonates as high-level cyber-talk.

Not to be left out of the pile-on, Attorney General Jason Miyares’ spokesperson noted, “Miyares has expressed concerns about ERIC and supports the governor’s decision today. Our office stands ready and able to assist the department of election during this transition.”

A May 9 article in the Martinsville Bulletin, “Boundary in dispute: 35-year Patrick resident says he’s just been told he’s lived in Carroll County all along,” reported that a Patrick County resident and voter for 35 years has received notice that he’s no longer a resident of the county and is ineligible to vote in the Blue Ridge District. The long-term voter told the Bulletin, “There is some purging going on in Patrick County. I have a letter dated April 21 from voter registration saying I don’t live in Patrick County anymore. I’ve been living and voting here for 35 years.”

The article further notes, “the West Piedmont Planning District gathered information on coordinates of residences and passed it on to the Virginia Department of Elections saying some people don’t live in the county they say they are in.”

The Patrick – now Carroll voter – stated he “wrestled with Virginia’s online registration website, referred to in the letter he received, and found it to be complicated, concluding, “Senior citizens are not going to do well on this registration website. You should try following up with your tax map and getting corrections on those maps.” Notwithstanding, Virginia is poised to go it alone in achieving election integrity or its analog.

AG Miyares and Susan Beals will be occupied by a whole lot of transition activity replicating “favorable functionally internally.” Having been led by Alabama and eager to join the “declining participation of other Republican-led states,’ election integrity in the Commonwealth appears to be following the popular rallying cry, “Where we go one, we go all.”

Jim McCarthy, a former New York attorney, resides in Northern Virginia.


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Comments

22 responses to “Virginia Secedes from National Elections Organization”

  1. James Wyatt Whitehead Avatar
    James Wyatt Whitehead

    Mr. McCarthy, it’s spelled Whitehead, not “Whitehouse”. Don’t worry I am used to this. In 27 years of high school teaching, I heard all sorts of iterations of my last name. I didn’t know this. Great post. Beals seems to be irritated the most by the increase in annual fees.

    1. James McCarthy Avatar
      James McCarthy

      In my original, I did not cite you as the author. Thus, BR editors are the culprits. No issue of cost benefit was raised by Beals. The increase in annual fees may have resulted due to the secession of several Republican-led jurisdictions. VA, one of the original 13, later seceded and, as a founder of ERIC, has repeated that posture.

      1. James Wyatt Whitehead Avatar
        James Wyatt Whitehead

        A link to Susan Beals letter to Eric. She seems to have valid reasons to terminate the service provided.
        https://www.documentcloud.org/documents/23810805-file_0097-2

        1. Lefty665 Avatar
          Lefty665

          Curious, not a single mention of political party in that letter. That seems to be McCarthy’s invention.

        2. James McCarthy Avatar
          James McCarthy

          Yeah, “seems to have.” The reference to the “Republican-led” was contained in the Virginia Mercury article which some may not have read.

        3. James McCarthy Avatar
          James McCarthy

          James, many thanks for sharing the Bears letter which was not available when I wrote the article. Referencing back to your original piece, especially the Alabama assertions, the core of the secession, IMO, is the political “controversy” not substantiated. The VM article also incorrectly employed the term “functionally” which was meant to be functionality.

          It would be of interest to learn of the VA membership costs at inauguration versus currently and the level of services. Eleven years ago, ERIC was a worthwhile endeavor. There is no mention by Beals of the benefits to VA in the interim, a usual TY in a sayonara.

  2. Lefty665 Avatar
    Lefty665

    One anecdote of a rural Virginia voter being redistricted due to GIS location is pretty thin gruel and immaterial to the question of ERIC. It seems likely he has voted where he was paying taxes, and he noted that the tax maps needed to be corrected. The issue only incidentally involves voting district. It revolves around local County lines.

    “Virginia would be able to “replicate favorable ERIC functionally
    internally.” That phraseology resonates as high-level cybertalk.

    That is pretty basic talk, “we can do what you’re doing ourselves”, nothing high-level cyber or any other kind of talk. That is the essence of the make or buy decision that occurs daily in business and government.

    We might say “Thank you” to the Gov for being concerned about the security and uses of Virginia voter information passed to ERIC. That’s basic information security. If you want to restrict use of data, do not give it to other people.

    1. James McCarthy Avatar
      James McCarthy

      Ain’t no cyber nerd but in the context, the term “functionally” may have been substituted for “functionality.” Seems like a basic concept.

      The point of the rural VA voter incorrectly sited over 37 years speaks to the expertise of the DOE in managing its mission. Pretty basic issue. As noted, the erroneous residence was flagged by a multi-county agency and reported to DOE.

      Were DOE capable of doing for itself, why found and join ERIC in the first place? The letter of secession did not note what functions of ERIC were now to be undertaken by the agency itself.

      1. Lefty665 Avatar
        Lefty665

        Depends on what the reference of function is to. Virginia could “functionally” replace the service ERIC “functionality” provided. You could functionally drop the “cyber” and “nerd” references in your response and improve its functionality.

        County lines of occupation were often established long ago. It is not a big surprise that modern global information systems find variances, or that counties correct them. It has nothing to do with ERIC.

        “Were DOE capable of doing for itself, why found and join ERIC in the first place?”

        That seems to be exactly the question the current Gov asked, and answered. Virginia could provide the function itself, and reduce exposure of Virginia voter information at the same time. It was a “twofer”.

        1. James McCarthy Avatar
          James McCarthy

          Yup! “Seems to be” without citing any specific functions that ERIC failed to provide and/or how VDOE will now perform on its own. There’s no evidence that ERIC exposed voter info. 37 years for the rural voter hardly testifies to the routine maintenance expected of an elections agency today. The letter of secession by Beals offers little insight into ERIC’s failings or the agency’s capacity to do for itself what ERIC did. Withdrawal after 11 years of participation, citing declining participation by Republican-led jurisdictions, sounds like the reality for Youngkin. Maybe the AG’s statement about transition is the key.

          However, if you are satisfied by a twofer, that’s great.

          1. Lefty665 Avatar
            Lefty665

            Looked like VDOE was relying on County data, and changed the local voting district when the counties corrected their dividing lines. I doubt there’s anything in the legislation setting up VDOE requiring them to independently validate local county lines. It is an intensely local anomaly and immaterial to ERIC. It is just padding out a thin piece.

            “However, if you are satisfied by a twofer, that’s great.”

            I’m all for efficiency in government. Anytime we can get two birds with one tax dollar stone I’m for it. YMMV

          2. James McCarthy Avatar
            James McCarthy

            Hmmnn!! An “intensely local anomaly” that might affect the outcome of legislative elections remains outside the VDOE brief? Again, this speaks to the agency’s competence and routine maintenance of voter registrations. Population migration and census data are cues to vet district boundaries as well as tax data. How much was VA contributing to ERIC? What services did the state receive? Cost benefit? Perhaps the return is two dead birds for a dollar.

          3. Lefty665 Avatar
            Lefty665

            You clearly still do not understand. County lines are local county issues, not VDOE.

            Local election districts are determined by local county lines. Patrick County residents vote in Patrick County local elections for things like board of supervisor, constitutional officers and school boards. Carroll County residents vote in local Carroll County elections. Patrick County residents do not vote in Carroll County elections, nor do Carroll County residents vote in Patrick County Elections.

            When the county lines between those counties change voters change districts. VDOE follows those county determined lines for local elections, it does not set them. It is indeed an intensely local anomaly and outside VDOE’s “brief” as you call it.

            It really is profoundly simple. Hope I’ve helped you understand the obvious.

          4. James McCarthy Avatar
            James McCarthy

            You surely fail to appreciate voting dynamics. The Patrick/Carroll boundary may not be the sole occurrence. Where state senate districts are in multiple counties, a close election involving a hundred or so votes might be decisive. Residence as determined at the time of county elections might not matter except to the wrongly sited voter paying a difference in taxes between two counties. In that case, the voter’s right to choose is eclipsed. VDOE may not, as you suggest, be required by statute to police county boundaries but the agency has a broader mandate to verify voter registration info.

            It seems obvious that the challenges facing VDOE are likely greater than that to be solved by the assistance of the AG during the “transition” from ERIC.

          5. Lefty665 Avatar
            Lefty665

            The only thing you have said that makes sense, although country tax rates have nothing to do with VDOE is:

            Residence as determined at the time of county elections might not matter except to the wrongly sited voter paying a difference in taxes between two counties

            Blather follows:

            “The Patrick/Carroll boundary may not be the sole occurrence. Where state senate districts are in multiple counties, a close election involving a hundred or so votes might be decisive.”

            You do not identify any other county line adjustments. That may be the only one in living memory. Nor do you substantiate the number of voters affected by the Patrick/Carroll adjustment or any election in which the affected votes could have changed the outcome. “Voting dynamics”. Hehe another Jim McCarthy silly walk.

            “the voter’s right to choose is eclipsed… it seems obvious that the challenges facing VDOE are likely greater than that to be solved by the assistance of the AG during the “transition” from ERIC.

            To the extent that VDOE’s district lines are predicated on county boundaries, and most are, voting districts may change at the margins due to extremely rare corrections like that between Patrick and Carroll counties. That is at most a minor adjustment not a challenge.

            It is as my dear old white haired mother used to say “Straining at gnats”

  3. Nancy Smith Avatar
    Nancy Smith

    For many who believe in fair, honest elections, this piece was written with minimal to no knowledge of the inner workings of ERIC nor the laws surrounding elections in Virginia and across the country. The “steal” language is offensive to those who want all eligible voters to cast their vote with full confidence that the voter file is maintained using the highest standards available.

    1. James McCarthy Avatar
      James McCarthy

      The benefits offered by ERIC were discussed in the 02/25/2003 article and commentary. Please add any further info on the “inner workings of ERIC you possess.

    2. vicnicholls Avatar
      vicnicholls

      If you are against us moving out of ERIC, what are you basing this on? I have data, research, so let me know what yours is. I do not call anything stealing. I simply indicate basic things like dead people should not be on voter rolls. That is fact – it is up to others to make the determination about win/lose or whatever. My interest is having only voters who are legitimate voters on the roll, and allowing only those who are who they say they are that can prove they are legitimately on that roll, to vote.

    3. VaNavVet Avatar
      VaNavVet

      Don’t see how you can ignore or deny the “rigged election” language coming out of 2020 as Trump is still making that claim. Yes, it should be offensive to all Americans! ERIC was directed at maintaining the voter file to a high standard as you desire.

  4. CJBova Avatar

    Brain dead, whackos, idiots, conspiracists are not acceptable descriptions as used recently in comments.

    1. Lefty665 Avatar
      Lefty665

      Yes ma’am. I’ll do better.

    2. VaNavVet Avatar
      VaNavVet

      It is a real shame that you have to spend your time on stuff like this!

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