Oregon election officials say data entry error added 306 noncitizens to voter rolls, two voted

By: Julia Shumway – September 13, 2024 ||  OREGON CAPITAL CHRONICLE

The Oregon agency that issues driver’s licenses erroneously registered more than 300 non-citizens to vote, though state officials say only two people actually cast ballots.

State Elections Director Molly Woon told the Capital Chronicle that she received a call late Thursday afternoon from the administrator of the Driver and Motor Vehicle Services division of the Oregon Department of Transportation, telling her that DMV staff caught a data entry error that led to the division wrongly classifying some noncitizens as citizens. State election officials spent Friday reviewing that information and working with county clerks to ensure those people won’t receive ballots unless and until they prove they’re eligible to vote.

The error is not large enough to impact the outcome of the state’s elections – more than 3 million people are registered to vote in Oregon, and the 306 cases identified by state officials are 0.01% of the state’s voters.

Ben Morris, chief of staff to Secretary of State LaVonne Griffin-Valade, said the DMV is continuing to investigate whether there are any more issues, and there is time to rectify any additional mistakes. Ballots won’t be mailed to voters for another month.

“We can say that this error will not impact the 2024 election, and I want to emphasize that point as much as possible. This error will not impact the 2024 election,” he said.

The error, first reported by Willamette Week, resulted from DMV staff erroneously marking noncitizens who obtained driver’s licenses as citizens, such as by miscategorizing foreign birth certificates as U.S. birth certificates and foreign passports as U.S. passports.

Since January 2016, Oregon has automatically registered citizens to vote when they obtain or renew driver’s licenses, permits or nonoperating IDs. A 2019 state law, meanwhile, eliminated a requirement that applicants prove they’re citizens or legal residents when obtaining a driver’s license.

People applying for driver’s licenses need to bring proof of their identity – like a birth certificate, passport, naturalization documents or visa – as well as proof of an Oregon address, such as a utility bill or rental agreement. Only applicants who provide documents that prove citizenship, like a U.S. birth certificate, U.S. passport or certificate of naturalization, are supposed to be registered to vote.

DMV administrator Amy Joyce said in a statement that the DMV discovered the error while “proactively analyzing” its system ahead of the 2024 election. The erroneous registrations it identified were based on foreign passports being entered as U.S. passports. The department is continuing to go through registrations tied to birth certificates, and that may take another two weeks, she said.

The DMV added a new prompt on its data entry screen to ensure front desk staff accurately enter citizenship information and has begun daily auditing of all transactions to verify materials are accurate before sending them to the Elections Division, Joyce added.

Woon said the secretary of state’s office is continuing to look into the two people who were not citizens when they were automatically registered to vote and will forward the issue to the start Department of Justice if it appears they violated the law.

“I want to emphasize that these folks were registered by no fault of their own,” she said. “I think that will certainly be taken into consideration. The first order of business, however, will be to see if the citizenship status of these people has changed. Because these records date from 2021 to today, it’s possible that their status has changed, and perhaps they are citizens, and that’s why they have a voter record. We’ll need to do a little bit more digging to sort that out first.”

Gov. Tina Kotek said in a statement that she has been fully briefed on the situation and will continue to closely monitor it. She noted that it would affect 0.01% of the state’s registered voters and will not impact the 2024 election in any way.

“Oregon’s electoral system is one of the most secure, effective and accessible in the nation,” Kotek said. “The error in data entry which may have affected the voter eligibility of some Oregonian’s voter registration was discovered because the Oregon DMV and the secretary of state were doing their due diligence ahead of the 2024 election.”

Griffin-Valade said safeguarding the integrity of elections is her top priority, while praising automatic voter registration.

“When my office was made aware of this error, we moved quickly to update the voter rolls,” she said. “I am also personally calling on the DMV to take immediate action to improve its processes to ensure this doesn’t happen again. Automatic voter registration has been hugely beneficial for thousands of eligible Oregon voters to ensure access to our democracy. I’m confident the DMV is rectifying this error and improving their process, so it doesn’t happen again.”

Lawmakers call for investigations

Lawmakers and U.S. Rep. Andrea Salinas, D-Oregon, called for further investigations Friday evening.

State Rep. Janelle Bynum, D-Clackamas and the Democratic nominee for the 5th Congressional District, was the first to issue a statement and called on the Department of Justice to conduct a “full-scale investigation.”

“Any errors in this process are unacceptable, and the office of the Secretary of State must be held responsible for any such lapses. I will relentlessly defend our laws and safeguard the integrity of our elections,” she said.

Salinas called the announcement “disturbing,” while emphasizing that it was not an attempt hurt the election system.

“This is total malpractice on the part of the Department of Motor Vehicles and is completely unacceptable,” she said. “I am calling on the state to act quickly to remove these individuals from the rolls, conduct a full and transparent investigation into how this occurred, and provide concrete steps they are taking to remedy this issue and prevent it from happening again. However, I want to emphasize that this was a bureaucratic error by the Oregon DMV and not a systemic attempt to cheat the system by organizations or individuals.”

House Republican Leader Jeff Helfrich, who in May publicly questioned the integrity of the state’s election system over hours-long delays delivering ballots, repeated his complaints that Oregon’s election laws are too weak.

“Republicans warned over and over that Oregon’s election laws were too relaxed, and Democrats dismissed our concerns,” he said. “Now, hundreds of noncitizens were found on Oregon’s voter rolls, and the state can’t say how many there are. This threat to election integrity is unacceptable. The Secretary of State must immediately inform the legislature as to the full extent of this problem and what is being done to fix it before ballots go out next month.”

Updated at 9:15 p.m. Sept. 13 with additional comments calling for investigations.

 Julia Shumway is the Capital Chronicle’s deputy editor and lead political reporter. Before joining the Capital Chronicle in 2021, she was a legislative reporter for the Arizona Capitol Times in Phoenix and reported on local and state government and politics in Iowa, Nebraska and Bend. An award-winning journalist, Julia also serves as president of the Oregon Legislative Correspondents Association, or Capitol press corps.

Oregon Capital Chronicle is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.