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Texas versus AirBnB update

From last week:

The Texas Comptroller’s office said Tuesday it’s reviewing the inclusion of Airbnb on a list of companies that boycott Israel and are banned from doing business with the state after the company announced a change to its policy for listings in the West Bank.

The home-sharing company said in a statement that it’s reversing a plan announced this November to remove about 200 rental listings from the territory, whose ownership is disputed by Palestinians. The company said it will donate the profits to humanitarian aid groups.

“Airbnb has never boycotted Israel, Israeli businesses, or the more than 20,000 Israeli hosts who are active on the Airbnb platform,” the company said in the statement. “We have always sought to bring people together and will continue to work with our community to achieve this goal.”

The company’s decision to delist the properties had prompted the state last month to blacklist it in keeping with a 2017 law that bans state agencies from contracting with or investing in companies that boycott Israel. The law was touted by Republicans, including Gov. Greg Abbott, as a way to show solidarity with Israel.

See here for the background. As I’ve said before, governments base policy decisions on who they do and don’t want to do business with all the time, so this policy is in and of itself not remarkable. It’s dumb and misguided, but not unusual. It’s also led to some other consequences.

Texas state agencies are beginning to divest nearly $72 million worth of stock in a company said to be boycotting Israel — the first financial move after a year-old law that bars Texas agencies from investing in such companies.

Two major state pension funds — the Employees Retirement System of Texas and Texas Permanent School Fund —own $68 million and about $4 million, respectively, worth of stock in DNB ASA, a Norwegian financial services company, officials said, though the company has denied it boycotts Israel.

[…]

The Comptroller’s office, upon the advice of two contracted consulting groups, identified four companies as having boycotted Israel, though all of them deny that they engage in any punitive ban.

Employees Retirement System spokeswoman Mary Jane Wardlow said the fund began divesting March 1, 2018, when it had about $68 million invested in DNB, and as of early April had divested about half that amount. Divestment should be complete by June, Wardlow said.

The Texas Permanent School Fund did not respond to a request for information on its divestment.

The state has no direct holdings in any of the other three companies on its divestment list, according to notifications to the state obtained by Hearst Newspapers.

Two of the six state agencies affected by the law —Texas County and District Retirement System and Texas Municipal Retirement System — had indirect investments in DNB, records show.

And three of the six state agencies affected by the law — the Employees Retirement System of Texas, Texas Municipal Retirement System and Teacher Retirement System of Texas — had indirect investments in Airbnb. (The only agency to disclose how much, ERS, had about $460,000-worth.)

But the law doesn’t require state governmental entities to divest from indirect holdings. It only requires them to send letters to the managers of the investment fund in question and request that they remove blacklisted companies from the fund or create a similar fund without those companies.

If the manager can’t come up with a fund with “substantially the same management fees and same level of investment risk and anticipated return,” the law requires no further action.

I mean, I don’t think this was a good idea, but if you do, then this is what you signed up for.

Congressional Republicans seek to halt SOS voter purge inquiry

I know, I’m as shocked as you are.

Still the only voter ID anyone should need

Republicans are challenging the authority of a U.S. House panel to investigate the Texas effort to purge thousands of suspected non-citizens from voter rolls, contending in letters Monday that a recent request for documents has no “valid legislative purpose.”

Rep. Chip Roy, R-Dripping Springs, and three other Republican members of the House Oversight and Reform Committee asked the committee to halt its investigations in Texas and related efforts in Georgia and Kansas.

“Your letters rely in large part on unverified media articles to suggest misfeasance or malfeasance in administering various state election laws and elections held in each of the three states,” the letter reads.

In separate letters to Texas Attorney General Ken Paxton and Texas Secretary of State David Whitley, the Republican congressmen suggest that Texas doesn’t need to comply with a request for documents because the “inquiry does not appear to have a valid legislative purpose and instead seeks confidential communications among state officials.”

[…]

[Committee member Rep. Jamie] Raskin, a law professor before he ran for Congress, asserted that Congress has the power and obligation to enforce voting rights under five separate constitutional amendments.

He said “indignant” Republicans might want to review letters written by the GOP-led Oversight Committee to states investigating the Affordable Care Act.

“It would be best if our GOP colleagues joined us in protecting voting rights, but at the very least they should stop trying to prevent us from doing our constitutionally mandated work,” he said in a statement. “Far from raising the ‘federalism concerns’ of Reps. Jordan, Hice, Cloud and Roy, this is serious federalism in action. Our colleagues should get used to it.”

See here, here, and here for the background. I say cry havoc and let slip the dogs of, um, subpoena power. The Republicans are gonna do what the Republicans are gonna do, so let’s just skip to the part where the courts sort it out.

Paxton gives the middle finger to House Oversight Committee

I’m sure you’re as shocked as I am.

Best mugshot ever

Facing an investigation over the state’s botched efforts to screen its voter rolls for noncitizens, the Texas Attorney General’s Office is declining congressional leaders’ request for information about the review.

In a Thursday letter to top officials with the House’s main investigative committee, Jeffrey Mateer, the state’s first assistant attorney general, indicated the state was brushing off a request for documents and communications from the Texas secretary of state and attorney general because the committee lacks “oversight jurisdiction.”

Instead, Mateer wrote, the state will treat the congressional inquiry as a public information request under state law, which grants the Texas attorney general’s office broad control over what information can be withheld from the public.

“We do not interpret your letter to be a subpoena issued under applicable House Rules. Nor do we consider it a request for information under any applicable federal law,” Mateer said. “For the foregoing reasons, and because the House Committee on Oversight and Reform and its subcomittees lack oversight jurisdiction over constitutional officers of the State of Texas, we must interpret your request under Texas state law.”

[…]

A spokesperson for the committee did not immediately respond to a request for comment regarding the AG’s letter. But in announcing the Texas investigation — part of a broader probe of voting irregularities in multiple states — Cummings and Raskin cited their authority to investigate “any matter” at “any time” under the rules of the U.S. House of Representatives. The committee has the authority to issue subpoenas. Raskin chairs a subcommittee on civil rights and civil liberties.

See here and here for the background. I wish I could say I was surprised by this, but it’s about as surprising as a humid morning in July. What happens next is probably a subpoena, but after that it’s anyone’s guess.

The committee said in response to Paxton’s letter that it still expects to receive the documents.

“The right to vote is guaranteed by the U.S. Constitution, and Congress is charged with protecting and defending the Constitution,” the committee said in a statement.

“Congress has an independent responsibility to investigate violations even when there may be separate litigation involving the same or similar matters. We expect full compliance with the Committee’s request.”

A committee spokesperson would not address a question about the use of a subpoena to obtain the emails and other documents.

[…]

Joe Larsen, a Houston lawyer and board member of the Freedom of Information Foundation of Texas, said even if the House does file a subpoena, the Attorney General could decline to cooperate.

The larger legal question of whether the committee has jurisdiction in a state matter may ultimately have to be solved by a court, Larsen said.

Normally, congressional oversight is for the executive branch, which does not include states, he said.

“It’s the idea that the federal government cannot be micromanaging what’s going on in the states unless that power is directly given to them by the Congress,” Larsen said.

But the committee could make the argument that it has the right under the “necessary and proper clause” of the Constitution to ensure that federal laws such as the Voting Rights Act aren’t being violated.

“That’s going to be a fight,” Larsen said. “It’s a fair argument on both sides.”

Better hope the courts are sympathetic to that line of reasoning. Our next chance to hold these amoral assholes accountable isn’t until 2022, and we can’t afford to wait that long.

Failing upward

Must be nice.

Still the only voter ID anyone should need

The day after David Whitley took office as Texas secretary of state on Dec. 17, he received a 49 percent pay raise thanks to his friend and political patron, Gov. Greg Abbott.

In a Dec. 18 letter to the Legislative Budget Board, the governor’s chief of staff said Abbott was using his authority to immediately raise Whitley’s annual salary to $197,415.

That’s almost $64,500 more than the $132,924 paid to Rolando Pablos, the Abbott appointee who was secretary of state before Whitley.

The raise, revealed in a footnote in a Legislative Budget Board document as part of the current budget process, meant Whitley still took a pay cut from his $205,000 salary as the governor’s deputy chief of staff — although the footnote said the letter was sent Dec. 8 instead of Dec. 18.

Whitley began working for Abbott in 2004 and spent almost four years as the then-attorney general’s travel aide, driving Abbott across Texas and helping him move from automobile to wheelchair. Abbott and his wife, Cecilia, grew to consider Whitley as almost part of their family, according to a recent Dallas Morning News profile of the secretary of state.

A priori, I don’t have an issue with bumping up the SOS salary so as to not give a guy a big pay cut. The problem is with the sheer incompetence. I mean, in a way I’m glad Whitley has been so bad at his job, because that has prevented him from doing any real damage so far. But the SOS has responsibilities beyond voter registrations, and I don’t see any reason to believe David Whitley will be good at any of them, either.

I’ll say this for Whitley, he’s staying positive in the face of all that pushback.

In his first public comments on the matter, acting Texas Secretary of State David Whitley last week pledged to cooperate with Congress, which has opened an investigation into his error-laden voter roll review that has Democrats howling voter suppression and has threatened his confirmation as the state’s top election officer. Whitley, on a visit to a school in the Rio Grande Valley, also expressed his confidence that he will ultimately be confirmed by the Texas Senate despite opposition by every Democrat in the chamber.

“I’m not worried about that. Those senators are my friends,” Whitley told reporters after speaking to several hundred students at Edinburg North High School about the importance of voting. Whitley added that he has worked with each state senator over the last four years during his previous job overseeing the governor’s appointments across the state. But now, “all I can do is do the best job I can as secretary of state.”

While fulfilling his duties as the state’s top elections official, Whitley said he will also “fully comply” with the U.S. House Oversight and Reform Committee investigation that was announced a day earlier. “We will fully comply. We have absolutely nothing to hide,” Whitley said. “We’ll read it thoroughly and make sure we turn everything over as required by law. Absolutely.”

See here for the background. I have no idea why Whitley thinks Senate Dems will change their minds about him, but hey, keep hope alive. In the meantime, those Congressional Dems have set a date for those documents they want.

“We want to get to the bottom of what happened in Texas,” Rep. Jamie Raskin, D-Md., chairman of the Oversight Subcommittee on Civil Rights and Civil Liberties, said in an interview.

The powerful committee, under Democratic control for the first time since 2011, gave acting Secretary of State David Whitley until April 11 to produce a host of documents related to his assertion in January that nearly 100,000 registered voters in Texas may not be citizens.

[…]

Raskin stopped short of threatening a subpoena if the many documents requested – including emails with Gov. Greg Abbott and Trump administration officials – aren’t turned over.

“We have the authority to order these documents to be produced and we have subpoena power if we need to use it. We’re very serious about this,” he said.

I have a hard time believing that Greg Abbott and Ken Paxton will just blithely hand over all their files to a bunch of Democrats. It’s just not consistent with everything we know about them. I think they will hand over as little as they think they can get away with, and will feel free to redact and claim executive privilege as it suits them. If this all goes off without subpoenas or a court fight, I will be surprised. We’ll know soon enough.

Congress to investigate bogus SOS advisory

Elections do have consequences.

Still the only voter ID anyone should need

The U.S. House’s main investigative committee has opened an inquiry into the Texas secretary of state’s review of the voter rolls for supposed noncitizens.

In letters sent to top Texas officials on Thursday, U.S. Reps. Elijah Cummings, the Democratic chair of the Committee on Oversight and Reform, and Jamie Raskin, D-Maryland, requested documents and communications from the secretary of state and the state’s attorney general related to the review through which state officials tagged almost 100,000 registered voters as suspect voters.

Texas officials rolled out the review effort in late January, shipping off lists of flagged voters to county voter registrars in what they described as routine maintenance of the state’s massive voter registration database. But state officials’ efforts have been dogged by errors in the data and litigation in federal court, which ground the entire review to a halt over concerns by a federal judge that it targeted naturalized citizens.

“We are disturbed by reports that your office has taken steps to remove thousands of eligible American voters from the rolls in Texas and that you have referred many of these Americans for possible criminal prosecution for exercising their right to vote,” the congressmen wrote to Secretary of State David Whitley.

[…]

In their letters, Cummings and Raskin — who chairs a subcommittee on civil rights and civil liberties — cited their authority to investigate “any matter” at “any time” under the rules of the U.S. House of Representatives. Noting they’ve examined state voting issues in the past, they requested all sorts of communications between state agencies involved in the review, as well as any communications with Trump administration officials.

You can see a copy of the letter here. I look forward to seeing what this turns up, as I’m quite certain that there are things we do not yet know about this fiasco. Whitley should expect some sharper questions, though he will have some supporters as well, as the committee includes Reps. Michael Cloud and Chip Roy, who is a minion of both Ted Cruz and Ken Paxton. The DMN, the Observer, and the Chron have more.

TCRP report on Texas election administration problems

From the inbox:

Today the Texas Civil Rights Project (“TCRP”) released a report—utilizing data from the largest non-partisan Election Protection effort in the state, provisional ballot data, as well as publicly available information—to analyze the the long-standing failures in Texas election administration infrastructure.

According to the report, Texas Election Protection 2018: How Election Administration Failures Impacted Hundreds of Thousands of Voters, election administration issues impacted, at a minimum, 277,628 voters — a number higher than the margin of victory in Texas’ closely watched Senate race.

“Across Texas, the 2018 election brought a surge of civic engagement energy. We saw record-breaking voter registration and turnout rates in almost every county. Unfortunately, Texas’ election administration did not keep up with voters,” said Emily Eby, report author and staff attorney with the Texas Civil Rights Project. “Through our Election Protection efforts, we heard directly from voters about the problems they encountered in the voting booth due to the state’s unwillingness to bring our democracy into the 21st Century. There is an urgent need for Texas to reform its antiquated election infrastructure immediately and this report sheds light on how many voters were harmed by the state’s election administration failures.”

The 2018 general election saw a wave of renewed civic engagement and democratic participation that swept across the state. Voter registration surged to 79.36% of the citizen voting age population, the highest percentage in Texas since the 2004 presidential election. Of those registered in Texas, 53% turned out to vote (up 20% from the 2014 midterms and the highest in a Texas midterm election since 1970). Despite this renewed wave of civic engagement, Texas’ election administration failed voters.

Findings from the report revealed:

  • Late poll openings, including at least 1,512 voters who had their voting rights curtailed by late openings in Harris County alone.

  • Long lines at polling places, including a three-hour wait time in a polling location in Corpus Christi during Early Voting.

  • At least 262,647 eligible college students lacked an accessible place to vote on their college campuses.

  • Early registration deadlines, overwhelming county administrators who had to process all of the paper applications one-by-one.

  • Noncompliance with federal voting rights laws, including at least 753 voters who were disenfranchised because Texas refuses to comply with the National Voter Registration Act.

  • Provisional ballot problems, including at least 10,831 eligible voters who cast ballots that did not count simply because the voter was in the wrong place on Election Day.

  • Voter intimidation, such as when Alan Vera, a Harris County resident, allegedly attempted to disenfranchise some of his fellow Houstonians by delivering over 4,000 voter challenges to the voter registrar’s office.

  • Voting machine malfunctions, such as the Hart eSlate voting machine malfunction that switched straight-party votes in the Texas Senate race. At least 1,885,066 voters were susceptible to the Hart eSlate machine error.

In addition to highlighting the issues in Texas’ election administration infrastructure, the report recommends key solutions for local, state, and federal policy makers to address the systemic failures before the 2020 election — when voter registration and turnout are expected to reach record levels once again.

The landing page with another summary of the report is here, and the full report is here. Some of the Harris County problems will be ameliorated by the election of Diane Trautman, like when and how long polling places are open. Some issues, like college campus voting locations, are only now getting visibility and can be worked on locally, as was the case last year in Prairie View. Some issues, like expanded voter registration, will require legislative fixes, which very likely means a Democratic takeover of state government; there may be a bipartisan bill in the House for same day registration, but I can’t imagine a scenario in which Dan Patrick or Greg Abbott let such a thing become law. It all starts with winning more elections. The Chron has more.

Holder talks gerrymandering

The former AG was in town as part of his national activism on the topic.

Texas is “ground zero” in a national effort launching Saturday to ensure that every American’s vote counts in upcoming elections, former U.S. Attorney General Eric Holder said in Houston this week.

Holder, who led the Justice Department from 2009 to 2015 under President Barack Obama, is leading a project called “All on the Line,” ahead of the 2020 Census, focusing on a fight against gerrymandering expected with the redistricting process the following year.

[…]

The meeting in Houston was a small gathering that allowed for a dynamic conversation between Holder and leaders of organizations that helped to turn out voters in the midterm elections last year. Representatives of the Texas Organizing Project, the Texas Civil Rights Project, MOVE Texas, Texas Freedom Network, Houston in Action, and Battleground Texas were among those present.

Jolt, a youth organization that organized the Houston gathering, will launch “a major campaign with two different approaches,” said Amanda Rocha, the organization’s leader in Houston. One will be an online initiative focused on the importance of being counted in the Census, while the other will be “a door to door canvasing helping people understand what’s a stake and addressing their concerns,” she said.

Holder said it can be difficult to engage people on issues like redistricting and gerrmandering, which might sound “kind of wonky, kind of ethereal.”

“Well, if you care about a woman’s right to choose, if you care about voter suppression, if you care about criminal justice reform, if you care about climate, if you care about health care, the expansion of Medicaid, all of these things are determined at the state level and by these gerrymandered state legislators,” Holder said.

Gerrymandering is a tactic used by state legislators to draw the lines of electoral districts in a way that provides their party an unfair advantage.

Holder said a redistricting process should reflect the composition of the people in the areas drawn fairly, informed by the census results. But parties sometimes draw strangely shaped lines to guarantee dominance in their district, based, for example, on its racial composition as a predictor of voting patterns.

“We are trying to break up this whole gerrymandering. We want to make sure that, come 2021, we have a fair process,’ said Holder.

The purpose of the campaign is “not gerrymandering for Democrats, I want to make that very clear,” he said. “If we make this a fair fight between conservative Republicans, Democrats, progressives, Democrats and progressives will do just fine.”

What this comes down to is a goal for Democrats, in Texas and elsewhere, for 2020. We saw what happened following the 2010 elections when Republicans took control of state legislatures across the country, and drew districts for themselves that ensured their continued control even in closely divided states. The 2020 election is just as important, for the same reason. If you don’t have any control over the redistricting process, then redistricting is done to you, and there’s no reason to believe the federal courts as they now stand will do anything about it. The one thing Democrats in Texas can do is win control of the House. That’s a tall order, as it will take winning 20 seats, but there are lots of targets and Presidential year turnout should help.

I’ve talked several times about how Republicans are going to have some tough decisions to make about redistricting in 2021, given the results of the 2018 election and the likelihood of a similar election in 2020. Protecting their incumbents will be a challenge, especially given the assumption that will need to be made about the basic partisan composition of the state. All this presumes it will be Republicans making those decisions. Give Democrats a majority in the House and the calculus changes completely. That may be the only realistic path to a non-partisan redistricting commission going forward. The point of this activism by Eric Holder, and the main thing people should take away from these meetings, is that this is a primary goal for 2020, because it will set the stage for the decade to follow. If you need a reason to get ready to work as hard in 2020 as you did in 2018, this is it.

Of course some voters were removed by that bogus SOS advisory

No one should be surprised by this.

Still the only voter ID anyone should need

Fourteen Texas voters caught up in the secretary of state’s botched review of the voter rolls for supposed noncitizens had their registrations canceled but have since been reinstated, state officials told a federal judge Friday.

The Texas Attorney General’s Office informed the San Antonio court judge as part of the ongoing litigation over the state’s error-riddled review, through which almost 100,000 individuals were marked as possible noncitizens. Seven counties marked the voting registration of 14 individuals as canceled because the voters had failed to respond to letters that demanded they prove their citizenship.

Counties were canceling voters’ registrations as recently as Wednesday — well after federal District Judge Fred Biery halted the review effort on Feb. 27 and ordered local officials to hold off on removing any voters from the voter rolls without his approval.

The cancellations affected voters in Coke, DeWitt, Matagorda, Montague, Victoria, Willacy and Zavala counties.

In some cases, voters hit the 30-day deadline they were given to provide their local voter registrar with proof that they are U.S. citizens and therefore eligible to vote, according to a review by the secretary of state’s office. Two voters in DeWitt County were canceled on Feb. 4 before the end of that 30-day period because their notices were returned as undeliverable. In Willacy County, officials “mistakenly” removed an individual from the voter rolls on Feb. 20 before the end of that period.

See here for some background. You may say, it’s only fourteen voters and they’ve all been reinstated, so what’s the harm? I say none of this should have happened in the first place, and the fact that it did shows that when all is said and done there will remain a substantial risk of valid registered voters being disenfranchised despite having done nothing wrong. Our state leaders are dedicated to the point of zealotry to their self-appointed mission of ensuring that no illegal votes ever get cast. Should they not be equally concerned about illegal removals from the voter rolls?

I don’t care what Steve McCraw says, the bottom line is this is the Secretary of State’s fault. David Whitley set this ball in motion, and every resulting screwup is on him. All of us deserve a Secretary of State with a much higher level of basic competence than what Whitley has demonstrated.

Still a “no” on Whitley

As it should be.

Still the only voter ID anyone should need

Senate Democrats still pledge to block the confirmation of embattled Secretary of State David Whitley, even as a top Texas law enforcement official is taking blame for major errors in a list of suspected non-citizen voters.

“I take full responsibility as the leader of the Department of Public Safety,” Steven McCraw told the Senate Criminal Justice Committee this week. Had the department assigned a “senior level person” to the project, he said, it wouldn’t have turned over bad data that included thousands of people who had already proven their citizenship.

“I can tell you throughout the entire project, the secretary was not involved in any of it because he wasn’t there at the time,” McCraw said.

The mea culpa, however, is being met with skepticism from county election officials, who first identified mistakes in the state list, and from Senate Democrats, who still fault Whitley. He had been on the job about six weeks before launching the attempted purge.

“Ultimately he’s responsible, because he is the secretary of state,” state Sen. Eddie Lucio Jr., D-Brownsville, said Thursday. “I still think he’s a fine gentleman, he just made the wrong decision.”

[…]

Sen. John Whitmire, D-Houston, said McCraw’s statement this week didn’t change his mind.

“I don’t know that changed anybody’s mind,” Whitmire said. “The harm has been done.”

The Democrats’ resistance is a rare show of force from the minority party this early in the legislative session, said Brandon Rottinghaus, a political science professor at the University of Houston. Abbott’s nominees don’t usually meet much pushback from the upper chamber.

“I can’t remember ever having someone this controversial in my 29 years in the Senate,” Lucio said.

See here and here for some background. All due respect to Sen. Lucio, but I’d argue that the David Bradley and Don McLeroy fiascoes were on par with this one. Be that as it may, the Abbott-McCraw blame-passing pas-de-duex doesn’t pass the smell test.

State Elections Director Keith Ingram acknowledged in federal court that the secretary of state’s office knew ahead of time that issue might pose some problems with the list. Some 50,000 people are naturalized each year in Texas.

“I don’t see why DPS is taking responsibility, other than it’s convenient for the Department of Public Safety to take the fall, rather than the secretary of state,” said Special Assistant Harris County Attorney Douglas Ray, who has said DPS data is notoriously unreliable.

Williamson County Elections Administrator Chris Davis questioned why the secretary of state’s office didn’t spot the errors that were quickly evident to county officials.

“The secretary of state had a duty to vet this information,” said Davis, who is president of the Texas Association of Elections Administrators. “So much of this could have been avoided had they done so.”

“I apologize to all of the voters whose citizenship was called into question by this advisory. In our effort to protect the integrity of our voter registration system, my office acted in haste to verify the rolls, and in doing so created unnecessary problems for county officials and many voters. I take responsibility for this, and I promise to take every step to improve and optimize our processes to achieve our goal of ensuring that elections are protected and all eligible citizens have the opportunity to vote.” See how easy that was? If David Whitley had said something like that at the beginning, we wouldn’t be having this discussion now. He’d have been confirmed, and we’d be obsessing about something else. Why hasn’t Whitley taken responsibility for his actions, and why does Greg Abbott insist on coddling him in this fashion?

McCraw falls on his sword

He’s a good company man, I’ll give him that much.

Still the only voter ID anyone should need

After being rebuked by Gov. Greg Abbott for the state’s botched review of the voter rolls, the director of the Texas Department of Public Safety took “full responsibility” Tuesday for providing data to the secretary of state’s office that included thousands of individuals whose citizenship should never have been in question.

Testifying before the Senate Criminal Justice Committee, Steve McCraw offered a mea culpa for the role his agency played in transmitting flawed data to the secretary of state. That data led state officials to mistakenly challenge the eligibility of almost 25,000 registered voters who had already proved their citizenship status to DPS.

McCraw explained that DPS lacked a “senior-level person in position” at the beginning of the review process, which dates back to last March, to help explain the data to other state officials.

“If we had done that, there never would have been U.S. naturalized citizens known to DPS that was provided to the secretary of state that would have gone out through the election process and caused the problems that is causing right now,” McCraw said.

[…]

“I take full responsibility as the leader of the Department of Public Safety, recognizing there’s some complex issues with our data,” McCraw said. “We’re the experts on our data. If we had a senior person in place, I am confident that that would not have happened. I can assure you of that.”

See here for the background. So when McCraw says he takes “full responsibility” for this, does that include consequences? I mean, David Whitley is probably not going to be SOS for much longer. Is McCraw’s eat-a-crap-sandwich testimony the worst thing that happens to him? It could well be.

Gov. Greg Abbott on Wednesday seemed to welcome the head of the Department of Public Safety’s acceptance of blame for a botched rollout of a more rigorous, ongoing search by Texas for possible noncitizen voting.

Abbott said he stands 100 percent behind his nomination of Secretary of State David Whitley, who runs the other agency involved in the ill-fated release of error-filled lists of voters, which has drawn scornful criticism from a federal judge.

Abbott, who twice criticized DPS director Steve McCraw in recent weeks, declined to directly answer a question about whether McCraw’s testimony to a Senate panel on Tuesday has appeased the Republican governor.

Abbott, though, said he has not gone over McCraw’s head to complain to the five-member Public Safety Commission, which hired McCraw and could let him go.

“I’ve not talked to anybody on the board,” Abbott said at a news conference at which the music industry’s collector of license fees for songwriters, Broadcast Music Inc., announced it is opening an Austin office.

That’s it? Not even an “I’m not mad, I’m just disappointed” speech? As consequences go, that’s not very consequential. Of course, if the SOS keeps screwing up on its own, Steve McCraw’s true confessions may not be enough. Anyone else out there wanna do Greg Abbott a solid?

SOS screws up again

Are you kidding me?

Still the only voter ID anyone should need

The list of missteps in the Texas secretary of state’s review of the voter rolls for supposed noncitizens grew again Monday, when the office inadvertently added additional people to its already flawed list of voters flagged for citizenship checks.

Blaming a vendor for the mix-up, a spokesman for the secretary of state’s office confirmed new names were sent to certain counties for possible investigation because of a technical error. The mistake occurred while state election officials were analyzing new data from the Texas Department of Public Safety.

As with the state’s initial review of previous years’ data, the secretary of state obtained a list of individuals who had visited DPS offices during January and February and indicated they were not U.S. citizens. The goal was to match those names with individuals on the state’s voter rolls and eventually send that list of names to counties for possible investigations.

But the secretary of state’s office was not ready to send out those lists when some counties received them Monday.

“Just like we told the counties and the court last week, this list maintenance process is still on pause,” said the office’s spokesman, Sam Taylor. “The test data that some counties had mistakenly received earlier today was the result of an issue with our vendor, which we immediately addressed with our vendor and the counties.”

[…]

Two counties confirmed to The Texas Tribune they had received the test dataset, which appeared to be riddled with the same errors in the state’s original list. Travis County received 146 names on Monday, but a “substantial number” had proved their citizenship when they registered to vote at DPS, said Bruce Elfant, who oversees the voter rolls in Travis County.

Travis County officials did not finish reviewing the Monday list because they got a call from the secretary of state’s office indicating it was sent by mistake.

“They said they sent the list in error and that we should disregard it,” Elfant said.

Williamson County also received a list Monday, only to be later told that “it was a mistake that shouldn’t have gone out,” said Chris Davis, the county’s election administrator.

Late on Monday, Keith Ingram — the chief of the secretary of state’s elections division — emailed county election officials asking them to “completely disregard the file” they received Monday.

The secretary of state’s mistake comes the same day lawyers with the attorney general’s office indicated in federal court that the secretary of state’s office was still working on the process for sending out the monthly lists.

See here for the whole saga. At least there’s a new villain for David Whitley’s apologists to blame. I don’t even know what else there is to say about this, but I will presume that Whitley’s charm offensive on Senate Democrats is going swell.

Blaming DPS

Meet your new scapegoat for the SOS non-citizen voter advisory fiasco.

Still the only voter ID anyone should need

Amid the fallout surrounding his administration’s botched review of the voter rolls, Gov. Greg Abbott has picked a side.

Who’s to blame for the state’s mistaken challenge to the voting rights of thousands of Texans? The longtime head of the Department of Public Safety, Steve McCraw.

During a radio interview last week, Abbott slammed McCraw’s department for not “adequately” communicating to the secretary of state that the data at heart of the controversial voter review was “admittedly flawed.” And he specifically passed the blame onto McCraw for “faulty information” that “hamstrung” the state’s review efforts.

Then on Monday, Abbott referred to McCraw’s alleged mistakes as “unacceptable,” describing the review as a mishandled “law enforcement issue.”

It was a striking, two-punch rebuke of a high-ranking state official who has long backed Abbott’s priorities, particularly on security concerns at the Texas-Mexico border. But recent court testimony and documents obtained by The Texas Tribune paint a more complicated picture. In reality, the voter citizenship review was flawed in two major ways.

For one, officials from the Texas secretary of state’s office based their review on data DPS had warned would not be up-to-date. In addition, miscommunication between different state offices led state election officials to misinterpret the citizenship status of 25,000 Texans who had already proved to the state that they were citizens.

But Abbott has downplayed Secretary of State David Whitley’s role in the foul-up as Whitley, a longtime Abbott aide, faces a tough confirmation fight in the Senate that could result in him losing his job. That has left opponents of Whitley’s nomination questioning Abbott’s motivations.

“I think the governor is either misinformed or he’s trying to save his nominee despite what the facts are,” said Chad Dunn, one of the civil rights lawyers suing the state over the constitutionality of the review effort. “I don’t think there’s any evidence to support the governor’s comments.”

You should read on for the details, but this is a pretty good summary. Steve McCraw is a longtime hack and hatchet man, and I’m sure not going to hold anyone back from using him as a punching bag. This is still a remarkable evasion of the facts and defense of a guy who is both clearly beloved by Greg Abbott (warning: you may feel the need to brush your teeth after reading that sticky-sweet profile of Whitley) and in way over his head. At some level, I don’t care whose fault this idiocy was. It’s very clear that the intent was to bulldoze people off of the voter rolls without any concern about accuracy, and it’s equally clear that a similar effort done with more care and deliberation would have been much less controversial. It also would have ended up with a scope of maybe a couple hundred voters, which isn’t going to look nearly as sexy in a Ken Paxton press release. Them’s the breaks.

One more thing:

Texas Secretary of State David Whitley will tell Texas counties they may continue to look into the citizenship statuses of voters on his list of suspected noncitizens, according to an advisory approved by a federal judge Monday.

The advisory, which will be sent to all 254 counties in the state, notifies election offices that they must abide by the Feb. 27 court order that bars them from alerting people on the list that they’re under examination or removing anyone from the rolls without approval from the court and “conclusive” evidence that they’re ineligible.

It also clarifies that the counties may still vet voters on the list as long as they do not directly contact them. If, however, a voter reaches out to a county elections administrator first, the advisory says, then the office may communicate with them.

See here for the background. The effect of this is likely to be a continuing stream of voters being removed from the list of alleged non-citizens. As long as that is all that it is, it’s fine by me.

The Heidi Group grift

You’re not mad enough right now. Read this, that’s fix it.

Right there with them

On a Monday evening in May 2016, Carol Everett sent an email to fellow anti-abortion activists detailing “an extraordinary pro-life opportunity.” Her nonprofit, the Heidi Group, she said, had spent the past year pushing for nearly $40 million in funding to help Christian pregnancy centers “bless many poor women” across Texas.

“It is no exaggeration to say this is the greatest possibility for expansion of pro-life care for the poor ever,” she wrote.

The enthusiasm might have sounded familiar to those who knew Everett, whose decades of work in the anti-abortion movement had earned her accolades from the state’s leading conservatives. But this wasn’t an advocacy project she was describing, and these weren’t private dollars. It was an application she had just submitted to become one of the state’s leading family planning providers.

Everett had never contracted with the state and had no clinical background. Many of the pregnancy centers she cited don’t provide contraception, a core service. Yet state health officials gave her much of the money anyway, ignoring warning signs and overruling staff who recommended millions less in funding, according to a review of the contracting by the Houston Chronicle. When Everett’s clinics began failing, the state delayed for months in shifting money to higher performing clinics, instead devoting vast amounts of time to support Everett and her small, understaffed team.

Though it’s impossible to say how many more women could have been served had the resources been shifted sooner, several competing clinics burned through their funding early in the grant cycle, surpassing their targets for both spending and patients treated. Had they been sent some of the $6.75 million sitting in wait for the Heidi Group, the door could have opened for thousands more women to receive access to contraception, STD screenings and breast exams.

It goes from there, and you should read the rest. I’ve blogged about the Heidi Group before. They’ve wasted millions of your tax dollars not providing health care to women who desperately need it, all in the service of ideology. If this doesn’t make you mad, I don’t know what it’s going to take.

Another reason David Whitley has to go

County elections officials feel like they can’t trust him or his office right now. That’s a big deal.

Still the only voter ID anyone should need

As the Texas secretary of state’s office rolled out its botched effort to review the citizenship of nearly 100,000 voters, Betsy Schonhoff was local election officials’ main point of contact.

Seven years into her post as the state’s voter registration manager, she was largely responsible for the training provided to county officials ahead of the review. Schonhoff and her team fielded calls from election officials across the state as they began to sift through their lists. And she was the person who reached out to many of them when her agency discovered that thousands of voters’ names had been mistakenly flagged.

But a week and half into the convoluted review efforts, Schonhoff — voter registrars’ main contact within the agency — disappeared.

County election officials who called the secretary of state’s office asking for her were informed she was not available. A county worker who traveled to Austin last week to meet with Schonhoff was told she was out that day.

By then, Schonhoff had been gone from the secretary of state’s office for several days. She abruptly resigned on Feb. 6. But the county workers who relied on her experience overseeing the state’s voter rolls were kept in the dark.

A spokesman for the secretary of state denied that county officials were misled, saying those who called in were “directed to appropriate staff.” But during a call to Schonhoff’s office a week after she tendered her resignation and completed an exit interview, The Texas Tribune was told “Betsy’s not in.”

“It’s extremely odd, ” said John Oldham, Fort Bend County’s elections administrator, complaining at the time that “we don’t know what’s going on.”

The secretary of state’s office has since acknowledged that Schonhoff left. But the maelstrom surrounding her exit highlights the breakdown in communication and frustrations that have emerged between the state’s top election officials and county election offices since the citizenship review effort launched four weeks ago.

I believe the term of art for this is that the SOS office is “in disarray”. Let us continue:

Sharing responsibilities for maintaining the state’s voter rolls, the secretary of state’s office and county election officials regularly review the list of 15.8 million people and counting who are registered to vote in Texas. List maintenance is largely a routine process and typically occurs without incident.

But the state’s latest stab at reviewing the rolls has felt anything but ordinary, according to county officials across the state.

It started with Whitley’s announcement of the new list maintenance process on Jan. 25. For the better part of last year, the secretary of state’s office had been quietly working with the Texas Department of Public Safety to match the state’s voter rolls with data kept on Texans who indicated they were not citizens when they obtained their driver’s licenses or ID cards.

His office had offered trainings for local county officials ahead of sharing the data, and the secretary of state’s advised them earlier in the day that the data would soon be released. But they had no warning about the press release Whitley sent out announcing the review, nor were they aware that Whitley had provided data of the approximately 95,000 voters who were initially flagged to the state’s top prosecutors even before county officials would have access to it.

Oldham said he was tipped off about the announcement by a former local candidate who had seen a draft of the press release the attorney general’s office would send soon after Whitley’s announcement landed.

But others were caught flat-footed.

“Most of the time, it’s just very routine. [The state and counties] work together very well and then every once in a while something like this comes out,” said Douglas Ray, a special assistant county attorney in Harris County. “They characterized it as list maintenance, but it didn’t look or feel anything like ordinary list maintenance.”

And from there it got worse. The data was quickly shown to be disastrously inaccurate, with the SOS office at first quietly admitting as much to county officials. The lawsuits started coming, with county officials themselves being named in some of them for taking action upon receipt of the SOS advisory. And then the crown jewel, in which Keith Ingram threw county officials under the bus in a mealy-mouthed defense of his office’s incompetence. I’m sure this marriage of state and local elections officials can still be saved, but it’s time to get some counseling.

In the meantime, we’re still waiting for Betsy Schonhoff to tell her story in court, and for the reality to sink in on the Republican side that David Whitley’s days in office are numbered. And all of this began because of a zealous and fanatical pursuit of “illegal voters”, a problem that is very small and usually the result of misunderstanding than any bad intent, where all of the proposed “solutions” cause far more damage than they can ever hope to mitigate. All happening against the backdrop of the biggest election scandal I can recall, in which a Republican candidate for Congress and a shady campaign consultant used absentee ballots to actually steal an election, just last year, which now has to be done over. Just curious here, I don’t follow Ken Paxton on Twitter, but has he had anything to say about that? There are indeed lessons to be learned about election fraud. Our state leadership refuses to try.

Whitley’s “apology”

He can do a lot better than this. He should do a lot better than this if he wants to get confirmed.

Still the only voter ID anyone should need

Facing an uncertain path to confirmation after ordering a deeply flawed voter citizenship review that seemingly focused on naturalized citizens, Texas Secretary of State David Whitley is apologizing to state lawmakers for the way his office bungled its rollout of the review — but he is still holding firm behind the overall effort.

In a letter sent to state lawmakers late Wednesday, Whitley largely defended the review efforts as a legally sound exercise, and he did not admit that his office had erred when it mistakenly threw into question the eligibility of tens of thousands of U.S. citizens or when it sent counties lists of voters it knew very likely included naturalized citizens.

Instead, Whitley vaguely admitted there were some shortcomings to the data his office used to flag almost 100,000 registered voters for citizenship reviews and noted his office should have devoted more time to “additional communication” with local and state officials to “further eliminate anyone from our original list who is, in fact, eligible to vote.”

“After close consultation with the Texas Department of Public Safety (DPS), the counties, and members of the Texas Legislature, I have discovered that additional refining of the data my office provides to county voter registrars, both in substance and in timing, is necessary to ensure a more accurate and efficient list maintenance process,” Whitley wrote in the letter obtained by The Texas Tribune.

[…]

In his letter to lawmakers, Whitley said his announcement “could have been communicated better” by including “more substance” from the advisory his office sent out to counties detailing the release of the data and “by emphasizing my goal to ensure that no qualified voters are removed from the rolls.”

“I recognize this caused some confusion about our intentions, which were at all times aimed at maintaining the accuracy and integrity of the voter rolls,” Whitley wrote. “To the extent my actions missed that mark, I apologize.”

You can click over and see the letter if you want – I see no real value in that, given the clear lack of substance. Nothing about this should inspire any confidence in David Whitley’s ability to do the job. At the very least, we deserve an explanation of how this shoddy list was constructed, why there were no controls in place to properly vet it, why it was referred to the AG’s office despite these obvious shortcomings, and what is being done to prevent anything like this from happening again. Oh, and an apology to the people who have been wrongly accused. Come back after that and then we can talk.

In the meantime:

The confusion and chaos caused by Texas’ bombastic voter fraud allegations has manifested in almost every element of the fallout.

The latest example is a voter purge notice sent out by one Texas county that lacked basic contact information or even an official letterhead.

The notice left one citizen mistakenly flagged by the stake feeling “very worried” and a “sense of fear,” according to court documents filed Monday.

[…]

In Wood County, those notices went out with the space left blank where the phone number of the local elections office should have been. The notices also lacked the response form the recipients were asked to use to reply, and there was no letterhead on the notices.

A woman in the court docs known as “Jane Doe #2” — who received the notice despite being naturalized in March 2018 and voting legally in that year — recounted in a declaration her frustration and her “sense of fear,” given that she could not tell if the letter was fake or real.

“I questioned whether I had done something wrong, or if somebody was trying to prank me.” Jane Doe #2 wrote in the declaration. “I did not know where to go or who to call to receive answers to my questions.”

She first tried to call the county clerk’s office, where the staff member who answered her call said the letter might be fake and that the person whose name was on the notice didn’t work for the county clerk, according to Jane Doe #2’s statement. She finally got in touch with the county elections administrator, Lisa Wise, who explained that the notices had been sent out without the contact information by mistake. Jane Doe #2 eventually traveled to meet Wise in person and showed Wise a copy of her naturalization certificate.

This was part of a filing by MALDEF in their lawsuit against the SOS. What would David Whitley say to Jane Doe? What he has said so far is completely inadequate.

Paxton double-talks on that SOS advisory

Ken Paxton really can’t be trusted. Not exactly earth-shattering, I know, but always good to remember.

Best mugshot ever

Texas Attorney General Ken Paxton assured lawmakers on Friday that his office hadn’t launched criminal investigations into nearly 100,000 voters flagged by the secretary of state’s office for citizenship review.

But email correspondence obtained by The Texas Tribune between an assistant county attorney and a Paxton deputy who cites “pending criminal investigations related to these issues” appears to contradict the attorney general’s claim.

The two opposing statements were put into writing within a week. Paxton made his assurance in a letter received by the Senate Nominations Committee, which had grilled Secretary of State David Whitley a day earlier over his decision to hand over to the attorney general’s office the list of voters whose citizenship he was questioning. Whitley’s confirmation is in doubt, in part because of questions from Democrats about whether he knew there were naturalized citizens on the list but referred the names to the state’s top prosecutor anyway.

Paxton wrote that it would “not be possible to investigate tens of thousands of [secretary of state] matters” before local voter registrars had reviewed the lists they received from the state.

“We plan to begin our investigations only once some counties have completed their list maintenance,” Paxton said.

But the Friday before, Assistant Attorney General Lauren Downey wrote the opposite in an email to Guadalupe County’s assistant county attorney: “The Office of the Attorney General has pending criminal investigations related to these issues.”

See here for the background. Never trust a word Ken Paxton says. I don’t have anything to add to this, so let me turn the microphone over to Julieta Garibay:

Finally, 26 years after I had migrated to the United States and made Austin my home. After all the trials and tribulations as an undocumented immigrant. After being a survivor of domestic violence and getting my green card because of the Violence Against Women Act (VAWA). Justice had prevailed — I would be a U.S. citizen.

In April 2018, my family and friends joined me as I took my citizenship oath. I couldn’t help but cry in joy and excitement as I waved my American flag. A month later, I proudly cast my first vote in the United States — one of the new rights I was most excited about. At the polls, I thought of all the people in the immigrant community who were counting on my vote to ensure we are treated with dignity and respect.

But a couple weeks ago, when I saw Texas Attorney General Ken Paxton proclaim “VOTER FRAUD ALERT,” my heart sank. It was clear to me that the Secretary of State’s office hadn’t thoroughly investigated the data it had released on 95,000 potential non-citizen voters. Frightened, I emailed the Travis County Voter Registrar to ask if I was on the list. A couple of days later, I received a call that confirmed my fear — my right to vote was being questioned.

She goes on to call for Secretary of State David Whitley to resign. Failing that, not confirming him would be adequate. I’m with her on this.

Equality Texas poll on non-discrimination laws

From the inbox:

New data released by national polling organization Public Religion Research Institute (PRRI) shows majority support from every major demographic group for laws to protect LGBTQ Texans from discrimination.

“This poll shows that Texas has turned the corner, and equality for LGBTQ Texans is solidly a mainstream Texas value. The majority of Texans of every region, religion and major ethnic group–including white evangelical Protestants–support legal protections against discrimination.

“Despite overwhelming support for these laws, most Texans don’t know that in Texas you can still legally be fired for who you are or who you love. It’s time to change that by passing comprehensive non-discrimination protections this year,” said Samantha Smoot, Interim Executive Director of Equality Texas.

Comprehensive non-discrimination bills have been filed by Senator Rodriguez (SB 151) Rep. Farrar (HB 244) and Rep. Bernal (HB 254).

The new, in-depth analysis comes from nationally recognized polling firm PRRI, a non-profit, non-partisan organization that conducts independent research at the intersection of religion, culture, and public policy. PRRI’s sample size includes nearly 3000 Texas interviews.

64% of all Texans oppose discrimination against LGBTQ Texans, including majority support from white evangelical Protestants, 54% of whom oppose discrimination. In a breakdown by region of the state, the numbers are highest in Austin, El Paso and the Dallas/Ft. Worth metroplex.

  • Austin/Round Rock 78%
  • El Paso 73%
  • Dallas/Ft. Worth/ Arlington 68%
  • Houston/Woodlands/Sugar Land 64%
  • San Antonio/New Braunfels 64%

The research shows support across a broad range of subgroups for laws to protect lesbian, gay, transgender, and bisexual people from discrimination in jobs, public spaces and housing. Notably, there is bipartisan and cross-denominational support among Texans for LGBTQ nondiscrimination laws, as well as majority support across five major Texas metropolitan areas.

The new analysis also finds that 57% of all Texans oppose allowing a small business owner to refuse to provide products or services to gay or lesbian people based on the owner’s religious beliefs. To date, three bills (HB 1035 by Zedler, SB 444 by Perry and SB 85 by Hall) have been filed in the Texas legislature that would create a license to discriminate against LGBTQ Texans for special groups.

You can see the poll data here. For marriage equality, the numbers are 55% favor, 34% oppose. This is a poll of adults, not registered voters and thus certainly not actual voters, a bit of skepticism on top of the usual amount given for an individual poll is called for. It also helps to have other poll results to compare to, so I went looking and found this from 2017, when the entire state was being held hostage by Dan Patrick’s desire to be the potty police.

Some voters like the [proposed “bathroom bill”] more than others. Overall, 44 percent consider it important and 47 percent do not. Among all Republicans — including those who identify with the Tea Party and those who don’t — 57 percent said such a bill is important, and among Tea Party Republicans, 70 percent said so. Democrats are on the other side of this one, with 53 percent saying the legislation is either “not very important” or “not important at all.”

[…]

That was one of several cultural questions in the June UT/TT Poll. A majority of voters — 55 percent — say gays and lesbians should have the right to marry, a view shared by 77 percent of Democrats, but rejected by 52 percent of Republicans. Across those and most other subgroups in the poll, opposition to same-sex marriage in Texas is softening and support is growing. In June 2015, 66 percent of Democrats approved of same-sex marriages and 60 percent of Republicans did not. Overall, 44 percent of Texans were supportive while 41 percent were not. The U.S. Supreme Court ruled two years ago that gay marriage bans are unconstitutional.

“It’s going to take time,” said Daron Shaw, who co-directs the poll and teaches government at UT-Austin. “But there’s a broader push to inclusivity and diversity, particularly among young people.”

Click through to the poll summary, and you see that support for marriage equality was 55% in favor, and 32% oppose. Which is to say, right in line with this EqTX poll. That’s encouraging, but also a reminder that Texas isn’t quite voting in line with those numbers yet. 2018 was a big step in that direction, and with a slate of candidates that were up front about their support for LGBT equality, but still short of winning. What we should take from these numbers is that we truly are in the majority, and we need to keep pushing. We didn’t win last time, but we’re on our way.

Paxton manages to restrain himself from prosecuting anyone on the SOS list – yet

Mighty decent of you there, Kenny boy.

Best mugshot ever

Texas Attorney General Ken Paxton told lawmakers Friday that his office has yet to take action on a deeply flawed list of nearly 100,000 Texas voters flagged last month for citizenship review.

Paxton wrote a letter to the Senate Nominations Committee the day after a hearing in which David Whitley, the governor’s nominee to be the state’s top election official, conceded that he was aware of potential problems with the list before he referred it to the state’s top prosecutors.

[…]

Paxton assured senators in the Friday letter that his agency would undertake such probes “only once some counties have completed their list maintenance.”

“To us, justice means charging and prosecuting only if the facts show the person committed the offense and had the required criminal state of mind,” Paxton wrote in the letter, which was first reported by the Austin American-Statesman and obtained by The Texas Tribune. “Charging a defendant without that evidence is injustice.”

But Paxton’s letter also made clear that the delay in initiating prosecutions is largely due to a lack of resources.

“Our undersized Election Fraud Unit was experiencing a backlog of over 80 complex cases even before the SOS notification,” Paxton wrote. “Simply put, even utilizing every resource we have, it would not be possible to investigate tens of thousands of SOS matters before the voter registrars should be able to complete their list maintenance activity.”

Paxton’s agency has asked the Legislature for $2 million and 10 full-time staff members to investigate and prosecute election fraud cases, saying it has too many investigations and too few resources already.

See here for more on Whitley’s super fun day of admitting to the committee that he doesn’t know his rear end from his elbow. I’m sure this all must be grinding Paxton’s gears, poor baby. It has to be just a wee bit harder to justify all that money for his political vendettas when the numbers are so obviously wrong even he can’t act on them. As the story notes, he may never get any actual names from county election administrators, at least not any time soon. The lesson here is that it’s so much better to be right slowly than to be wrong quickly. And like many important lessons in life, it needed to be learned the hard way.

SOS advisory lawsuit update

Add another plaintiff, litigate till done.

Still the only voter ID anyone should need

A naturalized citizen — who immigrated to Texas from the United Kingdom and is a registered voter — is joining a Latino civil rights group in suing top Texas officials after her voter registration was flagged by the state for a citizenship check.

Signing onto a lawsuit filed by the League of United Latin American Citizens, Atascosa County resident Julie Hilberg on Friday alleged that Texas Secretary of State David Whitley’s move to question the legality of tens of thousands of registered voters in Texas was an unconstitutional, discriminatory burden on the right to vote.

Hilberg — who also joined the League of United Latin American Citizens in its claims that Whitley and Attorney General Ken Paxton have violated a provision of the federal Voting Rights that prohibits the intimidation of voters — added her name to the suit, but she is also seeking to represent all of the legitimately registered voters who appear on the state’s list as a plaintiff class.

“The burden imposed by Defendant Whitley’s new voter purge program — both the current list of 95,000 registrants flagged for potential removal and the plan to continue this practice on a monthly basis — imposes a severe and plainly discriminatory burden on naturalized citizens who wish to exercise their right to vote,” the complaint reads.

[…]

After learning about the citizenship checks in the news, Hilberg on Thursday went to the local elections office with her naturalization certificate in hand to figure out if she was among those voters.

Hilberg suspected she would be on the list because she had most recently renewed her driver’s license in 2014 — the year before she took her oath of citizenship at a naturalization ceremony in San Antonio. She had registered to vote in Atascosa County in June 2015, and then voted in several elections from 2016 to 2018.

When Atascosa County’s election administrator, Janice Ruple, confirmed Hilberg was on the list they had received from the state, Hilberg assumed any questions about her citizenship status would be resolved in that moment because Ruple knows Hilberg — and her citizenship status — personally, according to the complaint.

Instead, “Ms. Ruple was unable or unwilling to give Ms. Hilberg any information or assurances about whether her registration would be in jeopardy because her name was on Defendant Whitley’s list,” the lawsuit reads.

See here for the background. I don’t know what difference it makes from a legal standpoint to include a plaintiff who was directly affected, but I presume it can’t hurt. Ms. Hilberg was done wrong, and she deserves redress for it.

SOS walks its advisory back even more

Just rescind the whole damn list and let’s pretend this never happened.

Still the only voter ID anyone should need

A week after it flagged tens of thousands of voters for citizenship checks, the Texas secretary of state’s office is now advising counties on how to check their lists for naturalized citizens — an indirect acknowledgment that legitimate voters could have been on the list from the beginning.

Those voters are in addition to the more than 20,000 others who should have been removed from the list earlier this week after state officials found they had been mistakenly included.

In a mass email sent to local election officials on Friday, the secretary of state’s director of elections, Keith Ingram, offered up additional guidance to counties looking to clear voters from their lists without sending notices demanding proof of citizenship. Among the advice he offered to those election officials “after speaking to a number of counties” was to review registration application files collected at ceremonies in which immigrants become citizens.

“Some county voter registrars or [volunteer deputy registrars] participate in naturalization ceremonies and maintain lists of naturalized citizens or can identify which applications were completed at a naturalization ceremony,” Ingram wrote in the email, which was obtained by The Texas Tribune.

[…]

“Like many other election and voter registration activities, we are working together on this,” Ingram wrote in the email. “We thank you for your feedback and continue to welcome any further feedback so that we can work together to ensure an effective and efficient process of maintaining an accurate list of registered voters going forward.”

The additional guidance to counties comes as civil rights groups and Democratic lawmakers continue to call on the state to rescind its original advisory to local election officials regarding the voters flagged for citizenship checks, pointing to the errors that have already been discovered in the state’s data.

“We told the SOS what was going to happen, and this week we all saw that what we cautioned against has become true,” Andre Segura, legal director of the ACLU of Texas, said on a press call on Friday. “The list is entirely flawed.”

See here, here, and here for the background. Seems like the SOS is doing everything it can to disavow its original advisory without publicly admitting their initial advisory was trash. They also haven’t said whether they’ve given a less-bogus list of names to the AG’s office. They couldn’t have been more incompetent and buffoonish if they’d tried.

And it’s quite clear, they tried.

State Rep. Rafael Anchia had been alarmed by the actions of the Texas secretary of state’s office for days by the time the agency’s chief, David Whitley, walked into the Dallas Democrat’s Capitol office on Monday.

The Friday before, Whitley’s staff had issued a press release calling into question the citizenship of 95,000 registered voters in Texas. In the days since, advocacy groups and Democratic lawmakers were raising serious questions about whether the majority of people on that list would soon be proven to be eligible voters.

But before those doubts emerged, Whitley, the top election officer in the state, had handed over information about those registered voters to the Texas attorney general, which has the jurisdiction to prosecute them for felony crimes.

So as he sat at the end of his green, glass-topped conference table, Anchia — the chair of the Texas House’s Mexican American Legislative Caucus — wanted to know: Did Whitley know for sure that any of the names on his list had committed crimes by voting as noncitizens?

“No,” Whitley answered, according to Anchia.

“And I said, ‘Well, isn’t it the protocol that you investigate and, if you find facts, you turn it over to the AG?”

“I do not have an answer for that,” Whitley responded, according to Anchia’s recollection of the Monday meeting.

[…]

The citizenship check effort went public this week, but the seeds for it were planted in 2013. That year, Texas lawmakers quietly passed a law granting the secretary of state’s office access to personal information maintained by the Department of Public Safety.

During legislative hearings at the time, Keith Ingram, director of elections for the secretary of state’s office, told lawmakers that the information would help his office verify the voter rolls. The state had had a recent misstep when it tried remove dead people from the rolls and ended up sending “potential deceased” notices to Texans who were still alive.

One of the DPS records that the 2013 law granted the secretary of state’s office access to was a list of people who had turned in documentation indicating they weren’t citizens — such as a green card or a work visa — when they obtained a driver’s license or an ID in Texas.

But it appears that the secretary of state’s office held off for years before comparing that list with its list of registered voters. Former Secretary of State Carlos Cascos, a self-proclaimed skeptic of Republican claims of rampant voter fraud, said he had no memory of even considering using the DPS data when he served from 2015 to 2017.

“I don’t recall it ever coming to my desk,” Cascos said. “I don’t even recall having any informal discussions of that.”

And there was reason to be careful with the “lawful presence list.” Driver’s licenses don’t have to be renewed for several years. In between renewals, Texans aren’t required to notify DPS about a change in citizenship status. That means many of the people on the list could have become citizens and registered to vote without DPS knowing.

Other states learned the hard way that basing similar checks on driver’s license data was risky.

In Florida, officials in 2012 first drew up a list of about 180,000 possible noncitizens. It was later culled to about 2,600 names, but even then that data was found to include errors. Ultimately, only about 85 voters were nixed from the rolls.

Around the same time, officials in Colorado started with a list of 11,805 individuals on the voter rolls who they said were noncitizens when they got their driver’s licenses. In the end, state officials said they had found about 141 noncitizens on the rolls — 35 of whom had a voting history — but those still needed to be verified by local election officials.

But it was under the helm of former Secretary of State Rolando Pablos, who took over in 2017, that the state began processing the DPS list. That happened even though at least some people in the office knew the risk. Officials in the secretary of state’s office early last year acknowledged to reporters for The Texas Tribune that similar checks in other states using driver’s license data had run into issues with naturalized citizens. Pablos didn’t respond to requests for comment.

Still, on Dec. 5, Betsy Schonhoff, voter registration manager for the secretary of state’s office, told local officials that her office had been working with DPS “this past year” to “evaluate information regarding individuals identified by DPS to not be citizens.” In a mass email sent to Texas counties — and obtained by the Tribune — Schonhoff informed them that the secretary of state’s office would be obtaining additional information from DPS in monthly files and sending out lists of matches starting in mid-January.

The next day, Pablos announced he would resign after two years in office. In his place, Republican Gov. Greg Abbott appointed Whitley, a longtime Abbott aide who at the time served as the governor’s deputy chief of staff.

Makes you wonder if he saw this coming and hopped off the train while he still could. Texas is in the process of learning the same lesson that Florida and Colorado did. I just have no faith that it will stick, at least as long as the current crew is in charge.

Eh, what’s a few thousand mis-identified non-citizens among friends?

No biggie.

Texas Gov. Greg Abbott downplayed concerns Thursday about the voter citizenship review initiated last week by his secretary of state, even though it has since become clear that the state’s list of flagged voters swept up thousands of U.S. citizens who should not have been scrutinized.

“This is what you would categorize as a process, a work [in progress],” Abbott said. “They’ll get it right, but I do want to be emphatic: It is essential that the secretary of state, [the Department of Public Safety], counties, anybody with any authority over this whatsoever work collaboratively and swiftly together to make sure our voter rolls are accurate, to ensure integrity in the election process.”

Last Friday, Abbott’s newly named secretary of state, David Whitley, flagged a list of about 95,000 registered voters whom his office said had provided DPS with some form of documentation that showed they were not citizens when they obtained their driver’s licenses or IDs.

[…]

Reacting to Whitley’s announcement Friday, Abbott thanked him for “uncovering and investigating this illegal vote registration,” promising legislation to address it.

But when he was asked about the fiasco Thursday at an unrelated news conference, the governor recast the effort.

“They were clear that it was a weak match, and they were reaching out to counties saying, ‘Listen, this isn’t a hard-and-fast list,” Abbott said. “This is a list that we need to work on together to make sure that those who do not have the legal authority to vote are not going to be able to vote.”

Abbott’s remarks come two days after it became clear secretary of state’s office had mistakenly called into question the citizenship status of thousands of voters who were, in fact, citizens.

See here and here for the background. That is some relentless commitment to quality right there. Abbott sets a sterling example from the top.

In Bastrop County, Elections Administrator Bridgette Escobedo said she had worked her way through about one-third of a list of 145 names, finding 15 that did not belong there. She said she also found several names of people who had become naturalized citizens.

Also Wednesday, county officials said they have had little luck connecting with the secretary of state’s office to clarify the situation.

Escobedo said she asked Whitley’s office to provide a “clean” list of suspected noncitizen voters but had heard no response by early Thursday evening.

“We’re wasting a lot of resources and energy on nonissues,” she said. “Don’t make me go through all 145 people on my list if you know some shouldn’t be on there.”

In Williamson County, Davis said the secretary of state’s office had not responded to his request for written instructions on how to cull the list of suspected noncitizens — information Whitley’s office provided by telephone Tuesday.

Travis County also received no response to its request that Whitley revise his initial advisory, county spokeswoman Tiffany Seward said Wednesday.

[…]

While counties have begun removing names from their lists, the secretary of state’s website continues to promote — without revision or correction — its Friday notice claiming that 95,000 people were identified as registered voters who are possible noncitizens, a violation of state law, and that 58,000 of those people had voted in one or more elections, a potential felony.

Whitley’s office has not responded to questions posed Tuesday and Wednesday asking if there are plans to update the numbers or publicly acknowledge that the original list included U.S. citizens who were mistakenly included.

We joke, because we must in order to cope, but this is all clearly setting the stage to purge voter rolls as much as possible. Republicans saw what happened in 2018. They will do what they can to stop the same thing from happening in 2020. Texas Monthly, who quotes former SOS Carlos Cascos saying the whole list should be rescinded, and the Chron, have more.

As the SOS advisory numbers get revised down

This really can’t be emphasized enough.

Still the only voter ID anyone should need

State officials on Tuesday acknowledged widespread errors in their list of 95,000 Texas voters flagged as potential non-citizens, reinforcing the concerns of advocates who say the state’s effort amounts to illegal voter suppression.

In Harris County alone, officials said, more than 60 percent of nearly 30,000 names on a list the state supplied last week are being removed after new guidance from state officials. Voter registrars in several other counties reported getting similar calls Tuesday from the Texas Secretary of State’s office, which last week said its review showed that 95,000 registered voters did not appear to be U.S. citizens.

[…]

On Tuesday, officials in Harris County and several other counties were told to remove from their lists names of people who registered to vote at Texas Department of Public Safety offices. Harris County officials also were advised to remove those who registered to vote at a naturalization ceremony, said Douglas Ray, a special assistant county attorney who specializes in election issues.

With the new criteria, Harris County was able to remove more than 60 percent of the names off the nearly 30,000-voter list it was sent. Only about 11,000 names remain.

“Our experience with these mass lists from the secretary of state’s office is that they’re very questionable, so we have to treat them very carefully,” Ray said.

I included that bit at the tail end of yesterday’s post, but it needed to be its own entry. More than sixty percent of the names the SOS gave Harris County had to be removed because the SOS had failed to do any kind of due diligence. I’ve checked around and we don’t have solid numbers for this kind of correction elsewhere in the state (not that I can find, anyway), so perhaps Harris County was an outlier. I see no reason to give the SOS any benefit of that doubt. They need to recall the entire list, do their actual freaking job to vet it properly, and then get back to the counties with whatever is left. And put out a big statement walking back everything they said on Friday, which has been trumpeted far and wide by Republicans who desperately want to believe they need to take drastic measures to stop hordes of non-citizens from voting. This was both 100% grade A bullshit and some extremely convenient cover for whatever anti-voting bills that get pushed this session. Like I said yesterday, we can’t sue them hard enough.

A trio of updates about that bogus SOS letter

Most counties reacted skeptically, as well they should.

Still the only voter ID anyone should need

The Texas Tribune reached out to 13 of the 15 counties with the most registered voters on Monday; Galveston was the only one that indicated it would immediately send out letters, even as more than a dozen civil rights groups warned the state and local election officials that they risked violating federal law by scrutinizing the voters flagged by the state.

[…]

Bruce Elfant, Travis County’s tax assessor-collector and voter registrar, indicated he was concerned about the accuracy of the data because the county has previously received data from DPS that was “less than pristine.” County officials vowed to review the list of 4,547 registered voters they received but were still trying to convert the data into a usable format.

He said he also wanted more information about the methodology the Texas Secretary of State’s office used to compile the list, pointing out that naturalized citizens may have obtained their driver licenses before becoming citizens.

“The state is responsible for vetting for citizenship” during the voter registration process, Elfant said. “I would be surprised if that many people got through it.”

Other county officials echoed Elfant’s point about naturalized citizens. Collin County’s election administrator, Bruce Sherbert, said they had received a list of approximately 4,700 names and would consider them on a case-by-case basis, checking for cases in which a voter might have already provided some form of proof they are citizens.

“It can be a process that takes several months to go through,” Sherbert said. “We’re just at the front side of it.”

Facing a list of 2,033 individuals, Williamson County officials said they were considering ways in which they could determine citizenship without sending notices to voters. Chris Davis, the county’s election administrator, said some naturalized citizens could have registered to vote at naturalization ceremonies in other counties, so their files might indicate their registration applications were mailed in from there.

“We want to try to avoid sending notices to folks if we can find proof of their citizenship, thereby they don’t have to come in and prove it themselves or mail it,” Davis said.

Election officials in Fort Bend County said they had received a list of about 8,400 voters, though they noted some may be duplicates. El Paso County officials said their list included 4,152 voters.

Harris County officials did not provide a count of voters the state flagged on its rolls, but Douglas Ray, a special assistant county attorney, said they were treading carefully because of previous missteps by the state.

“To be quite frank, several years ago the secretary of state did something very similar claiming there were people who were deceased,” Ray said. “They sent us a list and the voter registrar sent confirmation notices and it turned out a lot of people identified on the list were misidentified. A lot of the people who received notices were very much alive.”

See here and here for the background. I’m certainly glad we have county officials now in Harris County that care about protecting the right to vote, but the reaction from places like Collin and Williamson was a pleasant surprise. As for Galveston, well. There’s one in every crowd.

If common sense and a principled commitment to the right to vote wasn’t enough to treat the SOS advisory with skepticism, there’s also this.

After flagging tens of thousands of registered voters for citizenship reviews, the Texas secretary of state’s office is now telling counties that some of those voters don’t belong on the lists it sent out.

Officials in five large counties — Harris, Travis, Fort Bend, Collin and Williamson — told The Texas Tribune they had received calls Tuesday from the secretary of state’s office indicating that some of the voters whose citizenship status the state said counties should consider checking should not actually be on those lists.

The secretary of state’s office incorrectly included some voters who had submitted their voting registration applications at Texas Department of Public Safety offices, according to county officials. Now, the secretary of state is instructing counties to remove them from the list of flagged voters.

[…]

It’s unclear at this point how many counties have received these calls. County officials said Tuesday they had not received anything in writing about the mistake. It’s also unclear how many people will be removed from the original list of approximately 95,000 individuals flagged by the state. The secretary of state’s office did not respond to questions Tuesday about how much this would reduce the initial count.

In a statement Tuesday, Sam Taylor, a spokesman for the secretary of state, said the state was providing counties with information as “part of the process of ensuring no eligible voters were impacted by any list maintenance activity.”

“This is to ensure that any registered voters who provided proof of citizenship at the time they registered to vote will not be required to provide proof of citizenship as part of the counties’ examination,” Taylor said.

I dunno, maybe next time check for that sort of thing before rushing to publish? Just a thought. I’m sure Ken Paxton et al will duly correct any now-inaccurate assertions they may have made about the initial advisory.

And then, the least surprising update to all this.

In a lawsuit filed in federal court in San Antonio, lawyers for the League of United Latin American Citizens’ national and Texas arms alleged that Texas Secretary of State David Whitley and Attorney General Ken Paxton violated a portion of the federal Voting Rights Act that prohibits the intimidation of voters.

They point to an advisory issued Friday in which Whitley’s office said it was flagging individuals who had provided the Texas Department of Public Safety with some form of documentation — including a work visa or a green card — that showed they were not citizens when they were obtaining driver’s licenses or ID cards. The state put the number of registered voters who fell into that category at approximately 95,000 — 58,000 of whom had voted in one or more elections from 1996 to 2018.

In its announcement, the secretary of state’s office said it had immediately turned over the data to Paxton’s office. On the same day, Paxton posted the news on Twitter prefaced with “VOTER FRAUD ALERT,” the lawyers noted in the lawsuit.

“These two Texas officials have carefully crafted and orchestrated a program that combines an election advisory ostensibly directed at ensuring that all those registered to vote in the May election are citizens eligible to vote with the use of data that is suspect on its face and a blackout on public access to the data,” LULAC’s lawyers wrote in the complaint.

I mean, someone was going to have to sue eventually. Why wait? Texas Monthly and the Observer have more.

Before you go, here’s a little story from my archives that might be of interest to you. It involves an actual, by-God case of a non-citizen voting, right here in Harris County, in a high profile and hotly contested election. You might be surprised how it turns out. Enjoy!

UPDATE: How bad was that original list of alleged non-citizens? This bad:

State officials on Tuesday acknowledged widespread errors in their list of 95,000 Texas voters flagged as potential non-citizens, reinforcing the concerns of advocates who say the state’s effort amounts to illegal voter suppression.

In Harris County alone, officials said, more than 60 percent of nearly 30,000 names on a list the state supplied last week are being removed after new guidance from state officials. Voter registrars in several other counties reported getting similar calls Tuesday from the Texas Secretary of State’s office, which last week said its review showed that 95,000 registered voters did not appear to be U.S. citizens.

[…]

On Tuesday, officials in Harris County and several other counties were told to remove from their lists names of people who registered to vote at Texas Department of Public Safety offices. Harris County officials also were advised to remove those who registered to vote at a naturalization ceremony, said Douglas Ray, a special assistant county attorney who specializes in election issues.

With the new criteria, Harris County was able to remove more than 60 percent of the names off the nearly 30,000-voter list it was sent. Only about 11,000 names remain.

“Our experience with these mass lists from the secretary of state’s office is that they’re very questionable, so we have to treat them very carefully,” Ray said.

And that’s before any of the counties do their own checking. We can’t sue these clowns hard enough.

Civil rights groups push back on bogus SOS letter

Good.

Still the only voter ID anyone should need

Lawyers with 13 organizations — including the Texas Civil Rights Project, the ACLU of Texas, the League of Women Voters of Texas and the NAACP Legal Defense Fund — are demanding that the state rescind an advisory sent to local election officials regarding the individuals whose citizenship status the state says the counties should consider checking. In a letter sent Monday, the groups requested a response by Jan. 30, claiming that the state’s data was flawed and demanding more information about the methodology it used.

Some of the groups are considering litigation against the state, said Beth Stevens, voting rights legal director for the Texas Civil Rights Project.

The letter comes three days after the Texas secretary of state’s office announced it would send local election officials a list of 95,000 registered voters who had provided the Texas Department of Safety some form of documentation, such as a green card or a work visa, that showed they were not citizens when they were obtaining driver’s licenses or an ID cards.

“Using such a data set to review the current citizenship status of anyone is inherently flawed because it fails to account for individuals who became naturalized citizens and registered to vote at any point after having obtained their driver license or personal identification card,” the lawyers wrote.

In their letter, the groups point to efforts in Florida that used similar methodology to create a list of approximately 180,000 registered voters that officials claimed were noncitizens based on records used when they obtained driver’s licenses. That fight ended up in federal court after more than 2,600 were mistakenly removed from the rolls after being classified as noncitizens. About 85 voters “ultimately proved actionable,” the lawyers wrote.

See here for the background. The letter to the SOS is here, and the letter they sent to all 254 county election administrators is here. The latter is both a public information request for “all records relating to the Advisory, including but not limited to the list of all individuals identified by the Secretary of State or Department of Public Safety as potential non-citizens, the Voter Unique Identifier for each of those individuals, and all communications and correspondence with the Secretary of State concerning the Advisory”, and a plea to not take any action “unless and until the Secretary of State has provided greater transparency on its procedures and ensured there are adequate safeguards for not identifying lawfully registered naturalized citizens.” The letter to the SOS lays out their demands for more information, and drops a little math on them:

Given that Texas Driver Licenses and ID Cards do not expire for a full six years after they are issued, the odds are quite high that this list of purported non-citizens includes tens of thousands of people who are now US citizens entitled to vote. Indeed, each year, between 52,000-63,000 Texans become naturalized citizens (roughly the same number of potential non-citizens you claim have voted in Texas elections over a 22-year period).1 Given that newly naturalized citizens have voter registration rates around 50%,2 it is reasonable to conclude that at least 25,000 newly naturalized Texans are lawfully registering to vote each year. Even if one assumes that not all naturalized citizens previously obtained driver licenses, and not all registered naturalized citizens registered immediately, it is easy to see how this would result in your office obtaining over 90,000 incorrectly identified matches.

Read them both. Given that Ken Paxton was sending out email earlier the same day screaming about thousands of illegal voters, I think the odds are very high this will wind up in court.

It’s “Let’s lie about vote fraud” season again

The Trib wrote about this in the best possible way, but the shrieking ghouls are out there in force doing what they can to whip up fear.

Still the only voter ID anyone should need

The Texas secretary of state’s office announced Friday it would send local election officials a list of 95,000 registered voters who the state says counties should consider checking to see whether they are U.S. citizens and, therefore, legally eligible to vote.

In an advisory released Friday afternoon, the office said it was flagging individuals who had provided the Texas Department of Public Safety with some form of documentation — including a work visa or a green card — that showed they were not a citizen when they were obtaining a driver’s license or an ID card. Among the individuals flagged, about 58,000 individuals cast a ballot in one or more elections from 1996 to 2018, the secretary of state’s office said.

It’s unclear exactly how many of those individuals are not actually U.S. citizens and whether that number will be available in the future. In its notice to counties, the secretary of state’s office said the names should be considered “WEAK” matches, using all capital letters for emphasis.

That means counties may now choose to investigate the eligibility of the individuals who were flagged, which would require them to send a notice asking for proof of citizenship within 30 days, or take no action. By law, the counties aren’t allowed to automatically revoke a voter’s registration without sending out such a notice.

It’s possible that individuals flagged by the state — who provided DPS with documentation that indicated they were authorized to be in the country — could have become naturalized citizens since they obtained their driver’s license or ID card. A spokesman for the secretary of state said officials are “very confident” that the data received from DPS is “current.”

In announcing the review of the rolls, Secretary of State David Whitley — who was appointed to the post last month after serving as deputy chief of staff to Republican Gov. Greg Abbott — immediately handed the data over to the Texas Attorney General Ken Paxton, a Republican who said his office will “spare no effort in assisting with these troubling cases.”

But without additional verification, you can’t say these individuals all engaged in illegal voting, said Chris Davis, the head of the Texas Association of Elections Administrators.

“People get naturalized,” Davis said. “It’s entirely too early to say that.”

You should also read the Trib’s Twitter thread about this story, which sums it all up nicely.

First things first: This came out on Friday afternoon, which is usually the dumping ground for news that people want to bury. Do you think that if the Texas Secretary of State, a man appointed by Greg Abbott, had credible evidence of thousands of people voting illegally, this is how and when he would have announced it? Yeah, me neither.

Second, note the sentence that contains “about 58,000 individuals cast a ballot in one or more elections from 1996 to 2018”. That’s 23 years’ worth of elections. This doesn’t say 58,000 people last year – which, even if it did, would be about 0.7% of all votes cast. The average number per year is about 2,500, and that’s before we consider the possibility of false postives.

Why might there be false positives? See that line about “WEAK” matches. There’s likely to be a bunch of false positives based on the match criteria, which is mostly going to be name and county. Lots of people have the same name. Right here in Houston is another woman with the same name as my wife. We know all about her because we’ve gotten phone calls for years from creditors trying to track her down. That’s why the call from the SOS is for counties to look into the possibility that there may be non-citizens among the names, not for them to be removed immediately.

And finally, there’s the fact that despite DPS’ claims about this data being current, there’s no process to change one’s citizenship status with DPS if and when one gets naturalized at a later date. Some people have already spoken up on Twitter to say they voted after becoming citizens and thus might be on that DPS list.

Bottom line, this is a big old nothingburger. The Republicans are screaming about it – I’ve gotten multiple press releases over the weekend from the Republican Party of Texas about this – but they know full well there’s diddly squat to this. I’ll put it to you this way: Six months or a year from now, how many prosecutions for illegal voting as a result of this advisory do you think Ken Paxton will announce? The over/under on that is maybe ten, and I’m being generous. Mother Jones has more.

The Russia-Texas-secession connection

So many people got played.

A sprawling Russian disinformation campaign aimed at influencing the 2016 elections found success with social media accounts promoting the idea of Texas secession, according to a report commissioned by the U.S. Senate that was released Monday.

When it came to stirring up social divisions and exerting political influence, two accounts about the Lone Star State proved especially effective: a “Heart of Texas” Facebook page and a @rebeltexas account on Instagram.

Both accounts were created and managed by the Internet Research Agency, a Russian company that’s been characterized by the U.S. government as a “troll farm” and was indicted by a federal grand jury.

Heart of Texas, which amassed hundreds of thousands of followers on Facebook, promoted an image of the state as a land of barbecue and guns while sharing posts that attacked immigration.

The page had the most shares of all IRA Facebook accounts, at 4.8 million, according to the report, which was prepared by an Austin-based company, New Knowledge.

“Heart of Texas visual clusters included a wide swath of shapes of Texas, landscape photos of flowers, and memes about secession and refugees,” the report said.

Posts by the Facebook page cited in the report include a truck with a giant state flag and a photo of Texas wildflowers as well as another laying out the “economic grounds for Texas secession.” The page also shared memes criticizing immigration.

You can read that report here. The extent of this activity is mind-boggling, and in just about any other context we’d call it highly aggressive, if not warlike. Every now and then I see one of these yahoos with a “Secede” sticker on their car, and I wonder if they have any idea. We’re doing this to ourselves, that’s the really scary part.

Yeah, we’re still talking about the risk to our elections

And when we talk about these things, we talk to Dan Wallach.

When we think about those who defend the territorial integrity of our nation and state, we tend to imagine well-equipped members of the U.S. armed forces, or perhaps a square-jawed detachment of Texas Rangers. Increasingly, however, the twenty-first century battle for control of the American homeland is being fought in the computerized elections systems overseen by our humble county clerks.

Here in Texas, votes in federal and state elections are tallied independently by 254 local officials, one in each county seat, from big cities like Houston and Dallas to tiny courthouse towns like Tahoka and Floydada. If a hostile country decides to hack an election in Texas, that means pitting Russia’s (or Iran’s or North Korea’s or China’s) most skilled hackers against a group of officials and volunteers who may not even know their way around an iPhone.

“We’re asking county clerks, and for that matter local poll workers, to defend against a nation-state adversary,” says Dan Wallach, computer science professor at Rice and expert on election security issues. “That’s not a fair fight.”

Wallach, a graduate of J.J. Pearce High School in Richardson as well as U.C. Berkeley and Princeton, has made it his mission to assist local election administrators by helping to develop and advocate for the adoption of foolproof, verifiable election systems and policies in Texas. From 2011 to 2015, Wallach served on the U.S. Air Force Scientific Advisory Board; before that he led the National Science Foundation–funded ACCURATE (A Center for Correct, Usable, Reliable, Auditable, and Transparent Elections). Most recently, he’s been seen testifying before the Texas Senate on issues related to election security.

“From a security perspective, the systems that we use, these electronic voting systems, were never engineered with the threat model of foreign nation-state actors,” Wallach says of the status quo in Texas. “I have no idea if anybody’s planning to exploit them, but there’s no question that the vulnerabilities are present.”

That’s the bad news. The good news is that remedies are within reach, if Texas is willing to invest money and other state-level resources to improve election security. Experts like Wallach have identified best practices that can make elections reliably secure for the current threat horizon. Wallach proposes what amounts to a three-step plan for improved election security: better machines, better oversight, and better contingency planning.

The rest of the story delves into those three steps; it begins of course with auditable voting machines that include printed ballots. Speaking from my perspective in the IT security field, I can confirm that every big company that wants to stay in business past tomorrow zealously captures, indexes, and monitors its systems’ log files, both to look for real-time anomalies and to provide a written record of what happened in the event of a breach or other failure. It’s just standard practice in the real world. Why our state government is so resistant to it for our election systems is a question for which they really need to be held accountable. I would also note that the $350 million price tag to replace every obsolete voting machine in the state, which apparently we can’t do unless the feds pick up the tab, is something we could easily afford if we wanted to do it. For now, assuming we don’t get a state government that’s willing to do this, our best bet is to work towards a federal government that will do it, presumably after 2020. And hope like hell in the meantime that nothing goes horribly wrong.

Planning to fail

Big surprise.

Right there with them

Anti-abortion activist Carol Everett had no experience running a family planning program when the state of Texas awarded her millions in taxpayer funds to help rebuild a network of low-income women’s health providers. The state knew that. So it should have been no surprise when Everett’s organization, the Heidi Group, failed to provide services to thousands of women after the Legislature slashed family planning funds and kicked out Planned Parenthood.

Last year, officials with the Texas Health and Human Services Commission (HHSC) acknowledged that the Heidi Group hadn’t met its contractual obligations, and the agency clawed back some of the money. But, until now, HHSC has refused to reveal how many patients Everett served, or just how much was spent on their care. Data obtained by the Observer shows that in fiscal year 2017, the Heidi Group served just over 3,300 clients, less than 5 percent of the nearly 70,000 Everett had pledged to cover. Nonetheless, the state renewed the group’s multimillion-dollar contracts for a third year.

“It’s outrageous. In what other area of state government would this kind of incompetence be rewarded over and over and over again?” said Dan Quinn, communications director at Texas Freedom Network, which called for an investigation into the Heidi Group contracts. “It’s a betrayal of taxpayers and especially of women who need these services and aren’t getting them.”

[…]

One of Heidi Group’s contracts is for the Healthy Texas Women program, which provides family planning services and preventive screenings for poor Texans. For fiscal year 2017, Heidi was initially awarded about $1.6 million to build a network of providers — a mix of clinics, individual doctors and crisis pregnancy centers — to serve nearly 51,000 patients enrolled in Healthy Texas Women. Despite spending more than $1.3 million, Heidi Group only managed to serve 2,300 clients, according to the new data.

Through a second contract, HHSC awarded the Heidi Group $5.1 million to serve nearly 18,000 clients through the Family Planning Program, the state’s other reproductive health program. Last year, the health agency conceded that the Heidi Group was falling short and cut back its contract by just over $4 million, reducing Heidi’s proposed client totals to about 3,500 and reallocating the remaining funds to other contractors. The Heidi Group missed that mark too, spending about $605,000 to serve just over 1,000 clients.

The Heidi Group was the only contractor in either program to have funds revoked in 2017.

See here and here for the background. We need to be clear that the Heidi Group’s incompetence, in conjunction with its anti-choice pedigree, is a feature and not a bug. As such, from the perspective of our state leadership, they’re doing a heck of a job. The Trib has more.

There are reasons why “suspect addresses” may be legit

Real talk here.

Still the only voter ID anyone should need

Texas law requires voters to register where they live. At the same time, state law requires counties to take voters at their word that their voter registration applications are truthful.

Registrars who suspect an address may be invalid can send letters to voters asking them to confirm where the live. If residents re-submit the same address, however, registrars must process the application. Sam Taylor, spokesman for the Texas secretary of state, said the only other remedy registrars have is to refer cases to district attorneys for prosecution.

“The Texas Election Code does not grant any sort of additional investigative authority to a voter registrar in that situation,” Taylor said. “That’s where investigators and/or law enforcement get involved.”

Taylor said the secretary of state’s office has received complaints about the issue in the past, but said instances in which voters insist they live at an address that appears commercial are not a widespread problem.

“It does occur occasionally and we do occasionally hear frustrations from county voter registrars,” Taylor said.

See here for some background. Let’s state up front again that elected officials routinely game the “home address” requirement, with far less scrutiny. Let’s also state that the election process for many utility districts is a sham, again with far less attention and outcry than a few votes with PO box addresses. We could be a little more consistent about this sort of thing, is what I’m saying.

Having said all that, let’s talk about why some people might legitimately not want to put their residential address on their voter registration. Some people are dealing with stalkers and abusive exes, and thus do not want their home locations to be publicly searchable. Some people are homeless, or in transitional situations. Some people may be on temporary assignments out of state or out of the country. I have a friend from college who spent several years as a road-warrior employee for a company that provided software and training services for law firms. She literally lived in hotels or at friends’ houses year-round, and used her employer’s New York office as her mailing address. Some people live in Winnebagos and drive around the country.

I would argue that all these people have a right to vote that should not be challenged by some busybody party apparatchiks. It may be that some folks have dishonorable reasons for not using a “true” residential address on their registrations, but let’s keep some perspective here. Four thousand of them may sound like a lot, but there are 2.3 million registered voters in Harris County, so we’re talking less than 0.2% of the total. It’s basically a rounding error, even if you refuse to grant that there are any legitimate reasons for doing this. Maybe instead of obsessing over this tiny number of technical violations, we could grant ordinary voters the same deference we insist on giving elected officials when it comes to where they say they live.

(If instead we want to crack down on elected officials with dubious residential situations, I know who I’d start with. But we both know that’s not going to happen.)

High schools need to do a better job of making voter registration available to students

As the Texas Civil Rights Project notes, it is the law.

Still the only voter ID anyone should need

In a report published today by the Texas Civil Rights Project, new data from October 2016 to February 2018 shows that just 34 percent of high schools in Texas requested voter registration forms from the Secretary of State—the key first step in registering students under the process mandated by Texas law. This is up from a mere 14 percent of public high schools in 2016.

“Our schools must prepare young Texans for the future, which includes teaching them how to participate in our democracy. For more than five years, TCRP has attempted to work with the Secretary of State to help schools comply with our unique high school student voter registration law,” said James Slattery, Senior Staff Attorney with the Texas Civil Rights Project and author of the report. “Instead of working with civic engagement groups, parents, and students, the Secretary’s office has dragged its feet in implementing common sense reforms to help high schools comply with the law. This means that, every year, more than 180,000 eligible students are not getting the opportunity to register to vote as required by law.”

In addition to the report, TCRP is also releasing the first-ever digital map of nearly 3,000 public and private high schools in Texas that visually displays which schools and school districts have requested high school voter registration forms from the Secretary, pursuant to the law, and those schools for which we have not been able to verify compliance.

Currently 82 out of 232 counties in Texas, or 35 percent of all Texas counties, did not have a single high school request a voter registration form. The digital map will serve as a resource for parents, students, policy makers, and community members in spearheading efforts to register eligible students to vote.

“As the state’s chief elections officer, we encourage Secretary Rolando Pablos to take common sense steps to address the abysmal compliance rate,” continued Slattery. “We owe it to these young Texans to make sure they are equipped with the tools they need to participate in the democracy they will soon inherit from us. That includes making sure that every eligible high school student is offered the opportunity to register to vote as soon as they come of age, and educating them in all the duties of citizenship.”

See here for the report, and here for the map. To me, the answer to the question “why aren’t we doing a better job of this” is simply that there’s no enforcement. If it’s not anyone’s job to make it happen, it’s not going to happen. If we want the SOS to get schools and districts to do what they’re supposed to do, then give the SOS the resources to do that, and then hold the SOS accountable for it. This isn’t rocket science.

We really need to replace our crappy old voting machines

This is embarrassing.

Local election administrators in Texas are eager to replace voting machines purchased more than a decade ago in time for the 2020 presidential election. Increasingly susceptible to malfunctions, upkeep for the aging machines can exceed $300,000 annually in the biggest counties. Election experts have also raised security concerns about the paperless electronic devices used in most of the state.

The little help Congress has offered comes in the form of recent funding that will be used for cyber updates and training, not voting machines. And state leaders have shown no interest in chipping in, even as scrutiny over the security of the country’s election systems ratchets up in the face of Russian attacks.

In 2017, budget writers in the Texas Legislature seemed lukewarm to the idea of replacing aging equipment. Legislation that would have created a state fund for new voting equipment died without getting a committee vote in the House. The bill received a late-session hearing during which one lawmaker on the panel, Representative Pat Fallon, R-Frisco, asked county officials to shorten their testimony because a college basketball championship game had just tipped off.

“I hope we don’t have to wait until a crisis, but we are walking on thin ice when it comes to the integrity of our voting machines,” said state Representative Celia Israel, an Austin Democrat and the sponsor of the 2017 legislation.

More than 200 of Texas’ 254 counties still need to replace their voting machines and it appears unlikely that all will be able to do so in time for the next presidential election. The full price tag, according to election officials, is around $350 million — and local officials are having to find inventive ways to cover the costs. Travis County, for example, is expected to announce the winner of a new voting machine contract this week and plans to sell local bonds to come up with the anticipated $15 million.

The situation has grown dire. Some counties are using equipment that’s no longer manufactured. Machine failures are growing more common and it’s becoming harder to find replacement parts. County workers often have to scour eBay and Amazon to locate bygone tech relics such as as Zip disks and flash drives compatible with older machines.

Yeah, ZIP drives. Remember them, from the 90s? If you are relying on this kind of technology today, You Are Doing It Wrong. There’s no excuse for this – even if one thinks the counties should pay for the upgrades themselves, the cost cited in that penultimate paragraph is something like 0.3% of the state’s annual expenditures. It would be super easy to solve this if we gave a shit, but clearly our Republican leaders do not. But hey, I’m sure nothing bad will ever happen.

If we actually wanted to increase voter participation

Here’s what we’d do, courtesy of the Center for American Progress:

This report examines the problem of low voter participation in America, which includes structural barriers that keep Americans from having their voices heard as well as widespread disillusionment with the political process. As this report shows, obstacles to voting and distrust in government have repercussions for representational democracy, leading to participation gaps across demographics as well as elected bodies that are unrepresentative of the broader population of American citizens.

To increase voter participation and expand voting opportunities for eligible voters, states have a number of tools available, including those detailed in this report. Taken together, the policies and practices explored in the sections below are proven to increase voter participation and make voting more convenient. The success of these programs depends largely on states’ commitment—as well as that of campaigns and grassroots organizations—to inform eligible voters of their availability, how to use them, and why exercising their power as voters can make a difference in their lives. In addition to analyzing the contributing factors to low voter turnout and the effectiveness of pro-voter policies in increasing participation, this report examines the impact of civics education and voter engagement work.

This report also outlines the following recommendations to drive voter participation and make the process of voting more convenient for eligible Americans:

  1. Streamline voter registration with automatic voter registration, same-day voter registration (SDR),11 preregistration of 16- and 17-year-olds, and online voter registration
  2. Make voting more convenient with in-person early voting, no-excuse absentee voting, and vote-at-home with vote centers
  3. Provide sufficient resources in elections and ensure voting is accessible
  4. Restore rights for formerly incarcerated people
  5. Strengthen civics education in schools
  6. Invest in integrated voter engagement (IVE) and outreach

This report also highlights the success of these policies based on existing literature. Where possible, gains in voter participation were projected using current impact data. Of course, demographics and voting cultures differ across states and even by jurisdiction, so these projections are not exact. However, they do provide an idea of how many of America’s missing voters could be engaged through these policies. There were some policies for which the authors were unable to project gains because key data points were unavailable. For these policies, more research must be done to determine their potential impact on voter participation in future elections.

There’s a lot more, so go read the rest. For obvious reasons, none of the things that we don’t already have in Texas (namely, in-person early voting) are going to happen here while we are governed by the regime that is now in charge. We can sure start a push for them at the federal level, though, and all of these items should be on the agenda in the states where they are doable. You know how Greg Abbott likes to bloviate about calling a constitutional convention? Well, my fantasy do-over Constitution contains an affirmative right to vote that jackasses like Greg Abbott can’t arbitrarily screw with. All the resisting we’re doing is great, but if we’re not also thinking about the things we want to accomplish after we win, we’re doing it wrong. The Current has more.

Killing Obamacare softly

With cuts to the budget for state outreach programs. Which doesn’t scan well lyrically, and I doubt any of the people on the pointy end of this will care about how it came to be, but here we are.

It’s constitutional – deal with it

The Trump administration recently announced big cuts to a program that helps people sign up for health insurance through the Affordable Care Act, also known as Obamacare.

Ahead of open enrollment, which starts later this year, the money Texas gets to hire navigators – people who help residents find insurance plans – is getting slashed 86 percent. For the enrollment period ending in January, Texas groups will be able to apply for only up to $1.25 million in federal funds.

“That’s a drop in the bucket,” says Stacey Pogue, a senior policy analyst with the Center for Public Policy Priorities. “That is a tiny amount. It would not go very far when you’re talking about more than 4 million uninsured Texans.”

Pogue says it’s also a small number compared to how much the state has been given in years prior. According to data compiled by the Kaiser Family Foundation, Texas was allotted $9.2 million in navigator grants during the 2016-17 enrollment period.

[…]

Pogue says these cuts are part of the Trump administration’s larger effort to weaken the health care law.

She says this particular cut, though, hurts people who are vulnerable and live in hard-to-reach areas. Cities like Austin, which have groups like Foundation Communities, won’t feel the cuts as much as rural parts of the state.

In other words, people in the parts of the state that voted the most heavily for Trump. It’s like tariffs for sick people. I mean look, this is and has been the playbook from the beginning. The only way forward is to get back to electing candidates who want people to be able to access health care. Until then, I feel like we need a video, to clear the palate a bit:

I feel better now.

Farenthold finds a trough

It’s the circle of life.

Blake Farenthold

Former Republican U.S. Rep. Blake Farenthold has accepted a lucrative position lobbying for a port in his ex-Texas district — mere weeks after resigning in disgrace amid fallout from using public funds to settle a past sexual harassment complaint.

The Calhoun Port Authority announced Monday that Farenthold would promote its interests in Washington and assist “in resolving funding issues.”

“Blake has always been a strong supporter of the Calhoun Port Authority and is familiar with the issues facing the port,” it said in a statement. Port Director Charles R. Hausmann said Farenthold’s annual salary will be $160,000.

The port is located in the Gulf Coast community of Point Comfort, an area hit by Hurricane Harvey last summer.

A former Farenthold congressional staffer didn’t return messages seeking comment Monday, but the ex-congressman himself told radio station KKTX that he’d taken a job about a 90-minute drive from his home in Corpus Christi.

We should all be so fortuitous with our employment prospects. And just to prove that it’s better to be lucky than good, there’s this:

Former House members are prohibited from acting as lobbyists for at least one year after leaving office. But there’s a loophole: The lobbying restrictions do not apply to employees or officials of federal, state or local governments. Since the port is run by the government, Farenthold does not have to abide by the mandatory one-year “cooling-off” period.

Life sure is beautiful, ain’t it?