Help America Vote Act (HAVA)

10/12/04

USER AGREEMENT
for

VOTER REGISTRATION INFORMATION
VERIFICATION SYSTEM SERVICES

between

THE _____________ MOTOR VEHICLE
ADMINISTRATION (MVA)
and

THE SOCIAL SECURITY ADMINISTRATION (SSA)

Article I
Purpose and General Background
The purpose of this user agreement is to define the process by which SSA will provide,
upon request, verification of certain voter registration information to the
______________ MVA for its use in the registration of voters for an election for Federal
office. Verified information will be provided under the terms, conditions and safeguards
of this agreement and the Help America Vote Act of 2002 (HAVA or Act), and may be
used only for the purposes described within this agreement and the Act.
HAVA places certain requirements on State, Washington D.C., and Territorial voter
registration officials regarding verification of information provided on voter registration
applications. Section 303(a)(5)(A) of HAVA, requires that, to be acceptable, applications
for voter registration for an election for Federal office must provide information as
follows:
(i) In General – Except as provided in clause (ii), notwithstanding any other
provision of law, an application for voter registration for Federal office may not
be accepted or processed by a state unless the application includes—
(I)
(II)

in the case of an applicant who has been issued a current and valid
driver’s license, the applicant’s driver’s license number; or
in the case of any other applicant (other than an applicant to whom
clause (ii) applies), the last 4 digits of the applicant’s social
security number.

Section 303(a)(5)(A)(iii) provides that the State, Washington D.C., or Territory shall
determine whether the information provided by an individual is sufficient to meet the
requirements of HAVA, in accordance with State, Washington D.C., or Territory law.
Section 303(a)(5)(B)(i), requires the chief State, Washington D.C., or Territory election
official and the official responsible for the MVA to enter into an information matching
agreement to enable each such official to verify the accuracy of the information provided
on applications for voter registration for elections for Federal office. Section
303(a)(5)(B)(ii) further requires the official responsible for the MVA to enter into an
agreement with the Commissioner of Social Security who, at the request of the official
responsible for the MVA, shall enter into an agreement with that official for the purpose
of verifying “applicable information.”
“Applicable information” means information regarding whether- the name (including first name and any family forename or surname),
 the date of birth (including month, day, and year), and
 the last 4 digits of the individual’s SSN match the information contained in
SSA’s records, and
 such individual is shown on the records of SSA as being deceased.

Section 303(a)(5)(C) (as codified at 42 U.S.C. §405(r)(8)(C)-(D)), also provides that SSA
shall develop methods to verify the accuracy of information provided by the respective
MVAs, and that the “applicable information” will be matched with the information
contained in SSA’s records. SSA will make appropriate efforts to provide verifications
by comparing the information provided by the applicant with information in SSAs Master
Files of Social Security number (SSN) Holders and Applications data base. However,
because SSA’s enumeration records are based on a complete and unique 9 digit SSN,
verifications using only the last 4 digits of that number are inherently a partial rather than
the full “9-digit” verification and may result in multiple positive matches or false positive
matches of information.
Article II
Legal Authority
Legal authorities for the disclosures contemplated in this user agreement are found at
section 205(r)(8) and §1106 of the Social Security Act (42 U.S.C. §405(r)(8)) established
by Public Law 107-252, the Help America Vote Act of 2002 and are consistent with
Privacy Act (552a(a)(7) and (b)(3) and disclosure regulations, 20 C.F.R. §401.120 and
401.150(c).
Routine use number 41 in the Master Files of Social Security (SSN) Holders and SSN
Application, 60-0058 system of records, permits SSA to disclose information to the State
and Territory Motor Vehicle Administration officials (or agents or contactors on their
behalf) and State and Territory chief election office to verify the accuracy of information
provided with respect to applications for voter registration for whom the last four digits
of the Social Security number are provided instead of a drivers license.
Article III
Voter Registration Information Verification Process
Nationally, most people of voting age possess a valid driver’s license. Consequently,
verification of applicant information with Social Security Administration records will not
be necessary or appropriate in the majority of cases. In addition, verifications
contemplated under the terms of this agreement shall be requested only for new
applicants for voter registration. This service shall not be used to verify information for
voters already on state voter registration rolls.
42 U.S.C. § 405(r)(8)(B) provides that the Commissioner of Social Security has the
authority to decide when, where, and in what manner an MVA will, pursuant to an
agreement, provide information to SSA to conduct verifications of certain voter
registration information. Under that authority, the Commissioner has determined that it is
most appropriate for SSA to provide the required verification services by interacting with
only one entity. That entity will jointly serve the interests of all the MVAs and SSA by
serving as an electronic information conduit between the MVAs and SSA. The
Commissioner selected the American Association of Motor Vehicle Administrators
(AAMVA) to serve in this capacity. AAMVA has agreed to this arrangement.

The verification system will be an electronic “online” process between the MVAs and
AAMVA and between AAMVA and SSA. All requests for verification of voter
registration information shall be forwarded from the MVAs to AAMVA and from
AAMVA to SSA. SSA shall process the requests and return the results to AAMVA.
AAMVA shall, in turn, forward the results to the MVA. There will be no direct MVA to
SSA or SSA to MVA voter registration information verification process.
For purposes of implementation of HAVA, under this user agreement the order of
verification followed by MVA, AAMVA, and SSA shall be sequential as follows:



if a valid driver’s license exists, the MVA shall compare it to its records and
return the result to the voter registration authority. If no valid driver’s license
exists and
the applicant has an SSN, the MVA may request verification of applicant
information from SSA via AAMVA.

1. Employing the prescribed sequence described above, each MVA shall submit
verification requests one-at-a-time over the time period deemed appropriate to their
voter registration process. Requests for verifications of voter registration information
received from the MVAs shall include:




the applicant’s name (including first name and any family forename or
surname),
the date of birth (including month, day, and year), and
the last 4 digits of the individual’s SSN.

2. The online verification requests shall be sent to AAMVA.
3. AAMVA shall forward the request files from the MVAs to SSA for processing.
4. SSA shall process the request files, comparing information submitted with
information in SSAs Master Files of Social Security Number (SSN) Holder and
Applications data base and will return responses indicating:








no match found,
one unique match-no death indicator present,
one unique match-death indicator present,
multiple matches-at least one with no death indicator (e.g., one live hit),
multiple matches-all matches have death indicator,
multiple matches-with multiple no death indicators (e.g., multiple live hits), or
transaction did not process, invalid data.

5. SSA will make this service available every Federal business day excluding reasonable
system down-time for periodic or emergency maintenance. Verification results will

normally be returned to AAMVA within 1 Federal business day of SSA’s receipt of
the request.
6. AAMVA shall return the results to the appropriate MVAs for subsequent distribution
to the voter registration authorities. The timeframe for AAMVA’s distribution of
verification results is not under SSA’s control.
Article IV
Confidentiality of Information Provided by the Commissioner
All information provided by the Commissioner pursuant to this user agreement shall be
considered as strictly confidential and shall be used only for the purposes described in
Article I of this user agreement. Any officer or employee or former officer or employee
of a state, Washington D.C., or territory MVA, or any officer or employee or former
officer or employee of a contractor of a state, Washington D.C., or territory MVA who,
without written authority from the Commissioner, publishes or communicates any
information in such individual’s possession by reason of such employment or position as
such an officer, shall be guilty of a felony and upon conviction thereof shall be fined or
imprisoned, or both, as described in §§ 208 and 1106 of the Social Security Act (42
U.S.C. §§ 408 and 1306.
Article V
Confidentiality Safeguards and Record Maintenance
42 U.S.C. § 405(r)(8)(A)(ii), provides that this user agreement shall include safeguards to
assure the maintenance of the confidentiality of any applicable information disclosed and
procedures to permit MVA use of the applicable information for the purpose of
maintaining its records.







The official responsible for the _____________ MVA shall ensure that the MVA
follows applicable State, Territorial, and Federal laws governing confidentiality of
applicable information received under the terms of this user agreement.
The official responsible for the _____________ MVA shall ensure that access to the
MVA data base used to house applicable information received under the terms of this
user agreement is limited to only those individuals with a need to access the
information in their official conduct of voter registration and/or data base
maintenance responsibilities. No other uses of this information may be made.
The official responsible for the _____________ MVA shall ensure that all individuals
with access to applicable information received under the terms of this user agreement
are aware of and understand the penalties for breaches of confidentiality as discussed
in Article IV of this user agreement.
SSA reserves the right to make onsite inspection of the _____________ MVA to
ascertain the effectiveness of the confidentiality safeguards employed for information
gathered under this law.

Article VI
Cost Reimbursement
42 U.S.C. § 405(r)(8)(A)(i), specifies that the Commissioner shall enter into an
agreement with the MVA, “. . . so long as the requirements of subparagraphs (A). . . are
met. . ..” Subparagraph (A) found in § 205(r)(3)(A) of the Social Security Act (42 U.S.C.
§ 405(r)(3)(A)), states, “under such arrangement the agency provides reimbursement to
the Commissioner of Social Security for the reasonable cost of carrying out such
arrangement, . . ..” Reimbursement for:






Voter Registration Information Verification System development,
start-up,
information verification search,
ongoing maintenance/administration, and
miscellaneous costs incurred by SSA

shall, per the law, be borne by the states, Washington D.C., and the territories for which
the Voter Registration Information Verification System is being created. If the
___________ MVA fails to reimburse SSA voluntarily through AAMVA, the
___________ MVA will remain liable to SSA and SSA will collect reimbursement from
the State through any and all legal means available to it.
For any amounts past due, subchapter II of Chapter 37 of Title 31, United States Code, as
amended by the Debt Collection Improvement Act of 1996, and regulations
implementing this statute, require that interest, administrative costs and penalties be
charged if debts are not paid within 30 days of the mailing of the first notice of
indebtedness. SSA will use the “Private Consumer Rates of Interest” developed by the
Department of Treasury and apply them against overdue payment for each 30-day period,
or portion thereof, that payment is delayed.
Provision for appropriations in support of this Act was included in the Act. (See sections
103 and 104 of the Act.) SSA adopts the same proportions to determine the amount each
state, Washington D.C., and each territory shall reimburse SSA for its system
development and start-up costs.
“Per verification” charges for verifications of voter registration information shall be the
same for each MVA.


SSA’s System Development and Start-up Costs:
SSA’s system development and start-up costs are approximately $1.3 million.
The proportionate share of these costs as explained in the preceding paragraph,
shall be paid directly to SSA from the office of the official responsible for the
____________________ MVA on behalf of the chief election official. AAMVA

will contact the MVA to collect this payment on behalf of SSA upon ratification
of this user agreement.


___________________ MVA’s Start-up and continuing Costs:
All __________________ MVA site preparation, hardware, software, connection,
and operating costs, as well as any other costs incurred by the _______________
MVA are the responsibility of and shall be borne by the _________________
MVA.



Voter Registration Information Maintenance and Verification Costs:
SSA, with the assistance of AAMVA and the __________________ MVA as
needed, will project quarterly Voter Registration Information Verification System
usage and will calculate charges accordingly. The current fee for each record
verification is $ .0062. The yearly maintenance fee (which includes
administrative charges) is estimated to be approximately $200,000. Each state
will be billed the proportionate share of these costs. The resulting notice of
charges will be provided to AAMVA for its prospective reimbursement to SSA.
AAMVA shall forward the payment for the projected quarterly usage to SSA
upon receipt of the notice of charges. AAMVA will establish its own
reimbursement process for these costs with the __________________ MVA.
SSA’s costs related to providing the verification service discussed in this user
agreement will be recalculated periodically (annually at a minimum) and charges
adjusted accordingly. Such expense recalculations will not require amendment to
this user agreement.

Article VII
Period of and Alterations to User agreement
This user agreement is the user agreement governing use of SSA’s Voter Registration
Information Verification System for all states, Washington D.C., and territories of the
United States. This user agreement is effective upon signature of both parties and shall
remain in effect as required by HAVA. The user agreement may be reviewed from timeto-time and changes made as appropriate. Any changes made shall apply to all states,
Washington D.C., and territories of the United States.
Persons to be Contacted for Further Information or Assistance
SSA Regional Contact:

Name
Title
Address
Telephone
E-Mail

______________________ MVA Contact:
Name
Title
Address
Telephone
E-Mail

Signatures of Authorized Officials
Each official executing this user agreement is authorized to enter into user agreements of
this nature on behalf of his/her organization. In witness thereof, the parties hereby
execute this user agreement. (SSA’s original signature page)

_________________________________________
(Name)___________________________________
Regional Commissioner
Social Security Administration

Date __________

___________________________________________
(Name)_____________________________________
(Title)______________________________________
__________________ Motor Vehicle Administration

Date __________

▬▬▬▬▬▬▬▬▬
USER AGREEMENT
for

VOTER REGISTRATION INFORMATION VERIFICATION SYSTEM SERVICES
between

THE _____________ MOTOR VEHICLE AUTHORITY
and

THE SOCIAL SECURITY ADMINISTRATION
▬▬▬▬▬▬▬▬▬

Signatures of Authorized Officials
Each official executing this user agreement is authorized to enter into user agreements of
this nature on behalf of his/her organization. In witness thereof, the parties hereby
execute this user agreement. (MVA’s original signature page)

___________________________________________
(Name)_____________________________________
Regional Commissioner
Social Security Administration

Date __________

___________________________________________
(Name)_____________________________________
(Title)______________________________________
___________________Motor Vehicle Administration

Date __________

▬▬▬▬▬▬▬▬▬
USER AGREEMENT
for

VOTER REGISTRATION INFORMATION VERIFICATION SYSTEM SERVICES
between

THE _____________ MOTOR VEHICLE AUTHORITY
and

THE SOCIAL SECURITY ADMINISTRATION
▬▬▬▬▬▬▬▬▬