RESOLUTION NO. RS2008-139

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and support legislation to no longer require the disclosure and/or retention of social security numbers for purposes of voter registration.

WHEREAS, on or about December 24, 2007, two laptop computers containing the name, address and social security number of all of the 337,000 registered voters in Davidson County were stolen from the Election Commission offices; and

WHEREAS, as a result of this theft and the compromising of voter’s personal identification information, questions have been raised regarding the appropriateness of requiring the disclosure and retention of voter’s social security numbers; and

WHEREAS, Tennessee Code Annotated Sec. 2-2-116, enacted by the Tennessee General Assembly in 1972, arguably requires social security numbers to be provided at the time a person registers to vote and is to be included as part of the permanent voter registration record; and

WHEREAS, the Sixth Circuit Court of Appeals in McKay v. Thompson, 226 F.3d 752 (6th Cir. 2000) affirmed the district court’s granting of summary judgment for the defendant in a lawsuit challenging whether Tennessee could lawfully require citizens to disclose their social security numbers as a precondition to registering to vote; and

WHEREAS, the court in McKay noted that the unpublished Tennessee Court of Appeals decision of Carter v. Dunn, No. 12507 (Tenn. Ct. App. 1976) indicates that the disclosure of social security numbers in voter registration is mandatory under Tennessee law; and

WHEREAS, the McKay decision further states that the Tennessee Coordinator of Election and the Tennessee Secretary of State have made a final administrative decision that social security numbers are required in order to register to vote; and

WHEREAS, it is fitting and proper that the state law be amended to either no longer require the disclosure of social security numbers as a precondition of registering to vote, or to at least prohibit the Election Commission from retaining the social security numbers once a voter has been registered.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the Metropolitan County Council hereby goes on record as requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and support legislation to no longer require the disclosure and/or retention of social security numbers for purposes of voter registration.

Section 2. The Metropolitan Clerk is directed to send a copy of this Resolution to each member of the Davidson County Delegation to the Tennessee General Assembly.

Section 3. That this Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Michael Craddock, Eric Crafton, Jason Holleman, Vivian Wilhoite, Duane Dominy