Pennsylvania elections official responds as Justice Department sues state for voter data

Jeff Bennett:

President Trump has continued to perpetuate the lie that the 2020 presidential election was rigged in favor of Joe Biden, posting on his social media platform last night that it was – quote – an “illegal scam/hoax.”

Since returning to the White House, the president has suggested his administration will crack down on mail-in ballots, Liz Landers reported, and take a hard look at the state’s voting systems before next year’s midterm elections.

Liz Landers:

Last month, the Justice Department sued Pennsylvania and seven other states for refusing to hand over personal voter data on statewide voter registration rolls.

Joining me now is Al Schmidt, Secretary of the Commonwealth of Pennsylvania, the state’s top election official.

Mr. Secretary, the voter list that the Department of Justice is suing to obtain from you includes information such as date of birth and the last four digits of your Social Security numbers. She has offered to give the Justice Department publicly available voter files. Why don’t you hand over that additional information they’re asking for?

Al Schmidt, Secretary of the Commonwealth of Pennsylvania: The Department of Justice welcomes the public information we are providing, in accordance with Pennsylvania laws, to 8.8 million registered voters.

What we will not provide are Social Security numbers or driver’s license numbers. This is because it conflicts with state law, it conflicts with federal law, and it conflicts with our Constitution here in Pennsylvania.

Liz Landers:

What are your concerns about handing over this type of voter information? What could happen with what you are worried about?

Al Schmidt:

Well, it’s very sensitive information.

And I do a lot of events throughout the Commonwealth of Pennsylvania. And the one thing I’ve heard from Democrats and Republicans alike is gratitude that all this sensitive information wasn’t given to the federal government.

But in reality, this is nothing to praise. Our laws prohibit us from providing that information to the federal government. Even if we wanted to, in this or any other administration, our laws would prevent us from doing so.

Liz Landers:

So you’re saying it would be illegal for you to hand this over?

Al Schmidt:

Of course, it wouldn’t be legal for us to hand this over. For this reason, we rejected the request submitted by the Ministry of Justice.

The interaction was in no way hostile from our perspective. We stand ready to share everything that is publicly available with the Department of Justice.

Liz Landers:

After reading this complaint the department filed in September on behalf of Pennsylvania, they wrote: “The commonwealth appears to have no process in place to make any determination as to whether there are noncitizens on the voter rolls.”

This is the claim from the Department of Justice. Is this correct?

Al Schmidt:

This is actually inaccurate.

Our system in Pennsylvania, with automatic voter registration, implemented by the Shapiro administration, prevents noncitizens from having to go through the voter registration process when obtaining a driver’s license, if they are eligible, in Pennsylvania.

Additionally, if someone applies using, for example, a paper application, they swear an oath and affirm under penalty of federal perjury charges, prosecution, and deportation that they are eligible to register to vote in Pennsylvania. It is the same in many other states as well.

Liz Landers:

Is there a process that the Secretary’s office goes through to clean voter rolls?

Al Schmidt:

Every election in Pennsylvania undergoes two audits after each county election to ensure the results are accurate. So I can assure you that we take election integrity very seriously.

We appreciate that the government – the federal government is interested in all of this, but I was the elections commissioner for the largest county in Pennsylvania for over 10 years when I was a city commissioner for Philadelphia. I assure you, as a Republican Election Commissioner, I take allegations of election integrity seriously.

I have investigated hundreds of cases to determine whether voters are eligible and, when necessary, refer them to federal, state, or local law enforcement authorities for further investigation and, where appropriate, prosecution.

Liz Landers:

Your role is nonpartisan, but you are a Republican. Republicans have historically been the party of small government. Is this the kind of action that the Justice Department is taking now, is this the kind of action that a Republican administration should be taking?

Al Schmidt:

And I think that’s a great question, Liz, and that may be why we don’t see any light between the different states when it comes to these requests from the Department of Justice and whether or not they respond and provide sensitive personal information to their constituents.

It’s really not a red state or a blue state. It is – in my opinion, a troubling attempt, a troubling effort at uniformity and overreach at the federal level. In the United States of America, states run elections, not the federal government.

Liz Landers:

Pennsylvania has been a target of President Trump’s back in 2020 and also in 2024. He has falsely said that the state experienced voter fraud in that election. Are you concerned that the President might send the National Guard to voting sites in next year’s midterm elections?

Al Schmidt:

It’s really not a matter of concern. It’s a matter of being prepared to make sure the election runs smoothly in Pennsylvania.

I ran elections in Philadelphia in 2020. We were getting a torrent of threats and federal efforts to do this and that. It’s really just a matter of making sure that you’re prepared to make sure that the election runs smoothly and not opening the window for any of those excuses or nonsense to interfere with the administration of the election or try to put their thumb on the outcome scale.

All that matters is the outcome determined by voters, not anyone else.

Liz Landers:

Last question for you, Mr. Minister. You mentioned threats. I know that you personally received threats, as did your family, after the 2020 election. Are you concerned that he may try to criminally prosecute you for certifying that election in 2020?

Al Schmidt:

If you do everything according to the law, then there is nothing to worry about. And I have no reason to worry, because the Shapiro administration and the Pennsylvania Department of State did everything they could to make sure the election was conducted properly in Pennsylvania.

Liz Landers:

Al Schmidt, Secretary of the Commonwealth of Pennsylvania, thank you so much for joining The News Hour. I appreciate it.

Al Schmidt:

Thank you.