Voter Registration Lists

I have received a number of questions about whether using voter registration lists in this manner is actually illegal. I am not sure and it was not my intent to expose a legal situation. It was my intent to expose some very ethically questionable behavior.

Just so that everyone understands before reading any further, I AM NOT AN ATTORNEY.

As previously posted, it was thought that people who spoke at Community Comment were looked up. I thought the information was potentially provided in a report. It was not. Instead at least one School Board Member (and possibly more) actually looked people up while community members were speaking. I questioned a School Board Member about discounting people's opinions based on their voting record. The School Board Member responded that that is NOT how it was used. I asked how it was used and did not get an answer.

So, how can Voter Registration Lists be used? Here is the summary of the Minnesota Statue (201.091?):

“Before inspecting the public information list or obtaining a list of voters or other information from the list, the individual shall provide identification to the public official having custody of the public information list and shall state in writing that any information obtained from the list will not be used for purposes unrelated to elections, political activities, or law enforcement.”

It is clearly not an election or for law enforcement related.

So, is the proposal and activities surrounding the proposal considered political activity? I looked up political activity as it pertains to Minnesota and employees. Here is what it indicates:

“No employee shall, directly or indirectly, during hours of employment solicit or receive funds for political purposes, or use official authority or influence to compel an employee in the classified service to apply for membership in or become a member of any political organization, to pay or promise to pay any assessment, subscription, or contribution or to take part in any political activity.”

So, if it is political, then the Administration can not advocate within itself (to its employees) for the proposal nor could any employee be asked to take part in political activity (such as presenting to the board). It would be illegal if it was political activity to try to sway employees’ opinions about the proposal (potentially even the School Board’s). Based on the above definition, I do not think it is considered political activity. Are there other definitions of Political Activity? Certainly. On the face of the entire situation, I have to say that it feels political, but this is the only definition of political activity I could find as it pertains to Minnesota.

Another point to consider: there is only 1 signature on the form requesting voter registration records. The person that signed the information was probably not directly involved with this activity. Should our elected officials and leaders within the Administration know what is right and wrong in terms of using voter registration lists? I am guessing that they do based on Tracy’s email indicating that Susan denied ever having used the list.

Regardless of whether it is illegal, it raises significant ethical questions. Should a person’s concern be evaluated in any manner simply because of their voting record? Is a concern not a concern? Does a police officer determine whether you voted in the last election prior to listening to your concern? Of course, that is taking it to an extreme.

As background, here is a link to the statue:
https://www.revisor.leg.state.mn.us/statutes/?id=201.091

Here is a link to the form:
http://www.sos.state.mn.us/docs/voter_registration_list_request_form_rev_2-08.pdf