Harmeet Dhillon demands records on Minnesota voter registration 'vouching' system

Assistant Attorney General for Civil Rights Harmeet Dhillon has demanded records from Minnesota Secretary of State Steve Simon relating to the state’s "vouching" system for voter registration, which Dhillon says, "Seems facially inconsistent with the Help America Vote Act of 2002."

The letter stated, "Dear Secretary Simon: This letter is a demand for records relating to Minnesota’s voter registration practices. On behalf of the Attorney General, and pursuant to the Civil Rights Act of 1960 (52 USC Section 20703), please produce the following records to me within 15 days of this request."

The records requested included "all records supporting or documenting same day voter registrations," "all records for the votes cast by voters registered under Minn. Stat. 201.061, Subd. 3," "all records related to these registrations and votes that your office deems relevant to complying with its auditability and other minimum requirements under the Help America Vote Act (HAVA) of 2002," and "all records kept under Minn. Stat. 201.061 Subds. 7 and 8."

Dhillon wrote that the requests are for all federal elections held in the preceding 22 months from the date of receipt, including the 2024 primaries and general elections. "All records must be provided in their complete, digital, unredacted form and transferred through the Department of Justice’s secure file transfer platform, Justice Enterprise File Sharing."

"The basis and purpose of this demand is to ensure Minnesota’s registration and voting practices are in compliance with federal law, particularly the minimum requirements under HAVA. The Department of Justice is particularly concerned with votes and registrations accepted on the basis of the 'vouching' from other registered voters or residential facility employees pursuant to Minn. Stat. 201.061, Subd. 3(a)(4)-(e), as well as other same day registration procedures."

The Minnesota statute referenced in Dhillon’s letter states in part that on election day, eligible voters must provide proof of residency to register or update their registration. Acceptable documents include a driver’s license, student documents showing a valid address, and other documents accepted by the Secretary of State.

The law states under subsection four that eligible voters can also have "voter who is registered to vote in the precinct, or an employee who provides proof that they are employed by and working in a residential facility in the precinct and vouching for a resident in the facility, sign an oath in the presence of the election judge vouching that the voter or employee personally knows that the individual is a resident of the precinct."

The section states that voters who have been vouched for on election day "may not sign a proof of residence oath vouching for any other individual on that election day," and adds that "an election judge may not sign a proof of residence oath vouching for any individual who appears in the precinct where the election judge is working unless the election judge personally knows the individual is a resident of the precinct."

Eligible voters can vouch for up to eight others on election day in Minnesota, while employees of residential facilities such as nursing homes, assisted living facilities, homeless shelters, and other facilities have no limits on the number of vouchers they can give.

"For each proof-of-residence oath, the form must include a statement that the individual: (i) is registered to vote in the precinct or is an employee of a residential facility in the precinct, (ii) personally knows that the voter is a resident of the precinct, and (iii) is making the statement on oath. The form must include a space for the voter's printed name, signature, telephone number, and address," the law added.