RALEIGH — The North Carolina State Board of Elections voted to authorize its executive director to enter a memorandum of understanding with the Department of Homeland Security to use a long-standing federal system for identifying noncitizens on the state’s voter rolls.
The 3-2 vote down partisan lines was taken during its meeting on Nov. 25.
The Systematic Alien Verification for Entitlements (SAVE) is an “online service for registered federal, state, territorial, tribal, and local government agencies to verify immigration status and U.S. citizenship of applicants seeking benefits or licenses,” according to the U.S. Immigration and Customs Services (USICS) website.
“This is one of the few tools available to us to check for noncitizens on our voter rolls,” State Board of Elections (NCSBE) Executive Director Sam Hayes said in a press release. “We are pleased to follow the letter of the law outlined in North Carolina’s Constitution and to make clear that elections are reserved for U.S. citizens.”
According to the SAVE informational document, the system cross-references Social Security numbers with individual names, birthdates, location information, VISA statuses and Alien registration numbers. SAVE is administered by USICS, which is housed under the Department of Homeland Security (DHS).
Verifying citizenship of voters has been a priority for President Donald Trump, who signed an executive order in March requiring proof of citizenship to vote in U.S. elections.
During discussion, Hayes told the board that SAVE “comports with the Privacy Act” and the National Voter Registration Act (NVRA) when it comes to protecting personally identifiable information.
Chairman Francis De Luca, Stacy “Four” Eggers, and Robert Rucho voted in favor. All three men are Republicans. Democratic members Jeff Carmon and Siobhan Millen voted against using the system.
Carmon argued against SAVE, citing the possibility of a data breach, while DeLuca reminded the board SAVE had been a topic of discussion for months.
The NCSBE had previously tabled the SAVE issue in September. That month, Hayes sought Social Security data from the N.C. Division of Motor Vehicles Commissioner Paul Tine in an effort to remove noncitizens from the voter rolls.
“Commissioner Tine says the problem is fixed,” Hayes said during the meeting discussion on SAVE. “I have never seen a satisfactory answer on how that issue was fixed.”
Hayes said he believes some people were “just waved through the system, and many, I believe, without their knowledge.” He also said he thinks the problem “still exists,” and U.S. Attorney Russ Ferguson believes that as well.
It was noted that a public notice would have to be put on the NCSBE website regarding use of SAVE, and Millen raised the question that SAVE could not be used before next year’s March 5 primary, citing the NVRA barring any voter roll cleanups within 90 days of an election. The NCSBE’s attorney said the 90-day cutoff would be either Dec. 3 or 4, and a formal removal of a voter couldn’t take place in such a short span of time.
Eggers commented that other states use SAVE with no issues and it is the only real verification tool available.
USICS data shows 12,000 agencies nationwide use SAVE, and in 2023, more than 21.5 million SAVE verifications were performed.
Eggers also noted that the state’s jury system currently uses SAVE, which has a challenge process, and the system has long been used to verify eligibility for certain benefits. SAVE was set up in 1987 to carry out the Immigration Reform and Control Act of 1986, which mandated a verification system for receiving federal benefits.
Millen made accusations that SAVE could be used by DHS to curtail voting rights and data could be turned over to ICE, stating, “If Mr. Hayes is successful, everybody’s Social Security number will be sent to DHS and kept for 10 years.” She also said using SAVE could result in lawsuits.
“I’m sorry, I don’t trust those people and the basis for which they’re using their information,” said Millen, who later added she “doesn’t trust the process” in North Carolina’s 100 counties.
Eggers and DeLuca countered Millen’s claims in a brief but tense exchange, with DeLuca ultimately asking her, “Is there a government you do trust?” Millen said she trusts the county boards of election but not the federal government.
Video of the full meeting can be accessed through the NCSBE’s Nov. 25 meeting folder.
North Carolina Republican Party Chairman Jason Simmons applauded the move.
“Safe, secure elections are the cornerstones of our republic,” he said. “This common sense move will help ensure the integrity of our voter rolls and public confidence in the electoral process.”
The day before the meeting, the second set of voter Registration Repair letters was issued to citizens with a registration that is missing either a driver’s license number or the last four digits of their Social Security number, which are required by state and federal law.
After discussion by the board in June, the NCSBE rolled out a Voter Registration Repair website in mid-July after the U.S. Department of Justice sued the board over “failure to maintain an accurate voter list in violation of the Help America Vote Act (HAVA).” The lawsuit resulted in a settlement agreement between the NCSBE and the U.S. Department of Justice expressly using the Voter Registration Repair website. The settlement agreement was approved by a judge on Sept. 9.
