South Dakota’s top elections official has apologized for the state releasing information about voters who also were seeking public assistance, such as food aid.
Secretary of State Monae Johnson made the voter registration rolls of more than 600,000 voters public last month to comply with a new state law. But the spreadsheet of voter information also included a field for source of registration, which disclosed whether an individual registered to vote at a public assistance agency, such as those offering housing help and food assistance.
Federal law prohibits the government from releasing information about those receiving public assistance.
The data leak drew condemnation from across the state, and the American Civil Liberties Union called it an “egregious violation of voters’ privacy rights.”
Johnson apologized on Friday.
“As Secretary of State, I take full responsibility for the release of this information. My office is committed to both transparency and protecting voter privacy," Johnson said in statement. “Upon discovering the issue, we acted immediately to remove the data and prevent further dissemination.”
The information was taken off the website Friday, the day after the ACLU sent a letter to the office demanding the state fix the issue. Individuals who had their information disclosed have been notified by mail, and those with access to the information will be asked to delete it.
The secretary of state also clarified that registering at a public assistance agency does not necessarily mean an individual is receiving benefits. In South Dakota, a person can register to vote at driver's license exam stations, disability service offices, military recruitment centers and county auditor offices in addition to public assistance agencies.
The ACLU is now encouraging those who were impacted to fill out their legal intake form.
"Essentially, voters who exercised their right to register to vote at public benefits offices were punished for it through this substantial privacy violation,” ACLU South Dakota Advocacy Manager Samantha Chapman said.
South Dakota Attorney General Marty Jackley is appointing legal counsel to represent the Secretary of State's office and the state legislature in case of potential lawsuits.
