Senator Ron Wyden has urged the Social Security Administration (SSA) commissioner to reject President Donald Trump’s executive order that mandates the creation of a new U.S. voter database utilizing agency data. Wyden stated that any cooperation with this directive would be viewed by Democrats as explicit participation in voter suppression efforts, particularly concerning upcoming midterm elections.
The executive order, signed on March 31, directs Homeland Security, U.S. Citizenship and Immigration Services, and the SSA to compile lists of American voters for each state, including their citizenship status. These lists would draw from sensitive databases such as the U.S. Citizenship and Immigration Services’ Systematic Alien Verification for Entitlements (SAVE) database, alongside Social Security and federal citizenship records.
Concerns Over Voter Database and Data Privacy
Senator Wyden, the leading Democrat on the Senate Finance Committee, expressed strong opposition in a letter to SSA Commissioner Frank Bisignano. He argued that facilitating the creation of this “flawed voter database” would constitute willing participation in voter suppression. His letter specifically outlines concerns about the potential misuse of Social Security data.
The directive aims to transmit these compiled lists to states, many of which have previously resisted similar data-gathering initiatives from the Trump administration. Additionally, the order tasks the Postmaster General with developing a comparable list of individuals eligible to vote by mail on a state-by-state basis.
Wyden contended that the executive order’s clear intention is to undermine vote-by-mail processes and disenfranchise eligible voters. He emphasized that the SSA has a responsibility to ensure its data is not exploited for such purposes, underscoring the importance of safeguarding Social Security records.
Legal and Ethical Challenges
Echoing sentiments from numerous state officials and election experts, Wyden characterized the executive order as an unconstitutional overreach by the executive branch into election administration, a domain constitutionally assigned to Congress and the states. This latest executive order faces existing legal challenges from state officials and voting rights advocates.
Notably, a less ambitious executive order issued last year with similar aims was significantly challenged and largely overturned by U.S. courts. Wyden’s inquiry to Commissioner Bisignano centers on whether adhering to the directive would conflict with the SSA’s obligations under laws like the Privacy Act and the Social Security Act, which govern the protection of sensitive personal information.
Wyden raised critical questions regarding how the SSA will guarantee that it does not inadvertently disenfranchise voters. He also questioned whether the agency sought explicit consent from citizens to use their Social Security data for a federal elections list. The senator pointed out that the SSA’s own regulations restrict the sharing of such data primarily for routine purposes related to benefit eligibility in health or income maintenance programs.
Expanding the SSA’s role into election-related data compilation, an area outside its established expertise, would directly contravene these established privacy rules. As Wyden stated, sharing Americans’ personal data with the Department of Homeland Security for the creation of a “state citizenship” list does not align with the agency’s mandated functions.
Next Steps and Uncertainties
The Social Security Administration has not yet publicly responded to Senator Wyden’s letter. Commissioner Bisignano’s office is expected to clarify the agency’s position and its planned course of action regarding the executive order. The response will likely address how the SSA intends to balance the directive’s requirements with its legal obligations concerning data privacy and voter protection. The outcome of this situation will be closely watched, especially given the ongoing legal battles over similar election-related initiatives and the approaching midterm elections.