South Dakota’s top elections official has apologized for the state’s release of information about voters who were also seeking public assistance, such as food.
Last month, Secretary of State Monae Johnson made the voter registration rolls of more than 600,000 voters public in accordance with a new state law. However, the voter information spreadsheet included a field for source of registration, which indicated whether a person registered to vote at a public assistance agency, such as one that provides housing or food.
Federal law prohibits the government from disclosing information about people receiving public assistance.
The data leak drew condemnation from across the state, with the American Civil Liberties Union labeling it a “egregious violation of voters’ privacy rights.”
Johnson apologized on Friday.
“As Secretary of State, I accept full responsibility for the release of this information. “My office is dedicated to both transparency and voter privacy,” Johnson said in a statement. “Upon discovering the issue, we acted immediately to remove the data and prevent further dissemination.”
The information was removed from the website on Friday, a day after the ACLU wrote to the office demanding that the state resolve the issue. Individuals whose information was disclosed have been notified via mail, and those who have access to the information will be asked to delete it.
The secretary of state also clarified that registering with a public assistance agency does not imply that an individual is receiving benefits. In South Dakota, voters can register at driver’s license exam stations, disability service offices, military recruitment centers, and county auditor offices, as well as public assistance agencies.
The ACLU is now encouraging those who were affected to complete their legal intake form.
“Essentially, voters who exercised their right to register to vote at public benefits offices were punished for it through this significant privacy violation,” ACLU South Dakota Advocacy Manager Samantha Chapman explained.
South Dakota Attorney General Marty Jackley is appointing legal counsel to represent the Secretary of State’s office and the state legislature in any potential lawsuits.
