American Crossroads just launched their "voter registration" Facebook application today and it looks like they have made one of their first major missteps of the 2012 campaign.
Conducting national voter registration drives is VERY difficult, and nearly every state law is different. American Crossroads can thank Republican voter suppression efforts over the last few years for that. AC may also not have realized that by breaking voter registration laws in some states, they can face criminal charges, and in some states, their non-profit status can be challenged.
Now, I'm not a lawyer, and it's going to take quite an effort to determine exactly which laws they are breaking in each state, and the repercussions, but it's quite clear that they didn't do their homework.
First, when you attempt to use the American Crossroads Voter Registration App, they ask you whether you will let them to "Post to Facebook as me" and "Access my data any time."
It's very, very suspect to try to get someone to allow this access, especially someone who may not realize that they can deny American Crossroads this ability to post anytime, and access all of their data anytime. This type of effort likely breaks laws, or gets very close to breaking laws, in states where you can't require someone to pay you money in order to register them to vote. The way this would be a grey area is because it's unclear how much value AC gets from being able to access someone's data, but in the real world, there has got to be some monetary value to this type of data access.
Second, there are a handful of states that require anyone registering voters to "pre-register" as a voter registration drive entity. One of those states is Colorado (anyone know other one's?). If you take a look at Colorado's "2012 Approved Voter Registration Drives" I certainly don't see any reference to "American Crossroads."
Third, and perhaps the most important, it's illegal in some states to capture/copy the data from a voter registration form without the express consent of the person registering to vote. Now this is an even more hodgepodge per state, and it's difficult to research to undertake, but it's clear that American Crossroads isn't letting folks know that they are submitting data through their Facebook app into a database that could be used at a later date. In Georgia for instance (a state known for restrictive voting registration laws),they clearly state that "Only with the express, written consent of the applicant, may another person make copies of an original voter registration application. Such copies should only be used in aiding the applicant with verifying the timely and proper receipt and processing of his/her application by the applicable board of registrars."
So we know that this fancy Facebook application is breaking the law in at least some states, and probably raising complicated issues that haven't been broached in other states, but the most interesting argument I've read comes from the National Association for the Education of Young Children, a group that has done extensive national voter registration drives. In their "Guide to NonPartisan Voter Registration & GOTV Drives," they wrote:
Generally, a 501(c)(3) organization may conduct nonpartisan voter registration and get-out-the-vote programs. NAEYC and affiliates are 501(c)(3) organizations. BUT YOU MUST CAREFULLY FOLLOW THE FEDERAL AND STATE TAX AND CAMPAIGN LAWS OR YOU WILL RISK LOSING YOUR ORGANIZATION’S TAX EXEMPT STATUS AS WELL AS OTHER PENALTIES.
The big question that needs to be determined: can American Crossroads lose their 501c4 status because of the voter registration laws they are breaking with their new Facebook app?