Every week for more than two years, the Minnesota Department of Public Safety has turned over driver's license information to Secretary of State Mark Ritchie's office to weed out non-U.S. citizens who may try to register to vote. But the Secretary of State's Office, the state's chief election agency, has not used the information because it didn't know it had it.
Ritchie's office now says it will begin cross-referencing the data starting next week, in time to purge the voting rolls of any noncitizens before Election Day.
The office cited confusion over U.S. Homeland Security rules for failing to use the information.
The recent change came about because state Rep. Laura Brod, R-New Prague, raised questions about the failure of Ritchie's office to cross-reference the so-called "status check" on visa-holders' driver's licenses.
Even if the number of noncitizens who may try to vote is small, Brod said the implications of failing to use the information are significant.
"There's almost a dismissal of the issue unless there is rampant voter fraud," said Brod, the lead Republican on the House Government Operations Committee and a frequent critic of DFLer Ritchie's office. "What they suggest to me is there is a problem. Any time you have one voter, who is a legal voter, have their vote negated by an illegal vote it should matter."
In the 2006 election, five noncitizens were later found to have voted. They were removed from voter registration rolls and three of the cases were referred to county attorneys for possible prosecution for intentional voting fraud, a felony.
The driver's license division of the Department of Public Safety has provided the "status check" information since September of 2006 as part of the federal Help America Vote Act. The "status check" is a date on a visa-holder's driver's license intended to flag law enforcement officers if the driver overstays the visa.