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SOS Whitley still has to be confirmed by the Senate

His committee hearing is today.

Still the only voter ID anyone should need

Secretary of State David Whitley, who sent a flawed data analysis to every elections official in Texas warning that nearly 100,000 non-U.S. citizens may have illegally registered to vote, is due Thursday to meet with state senators who will decide whether he should keep his job.

Democratic lawmakers say they want answers from Whitley, appointed in December by Republican Gov. Greg Abbott, whose list of possible illegal voters has spurred a flurry of civil rights lawsuits, denunciations from county elections officials — and applause from the Texas GOP as well as President Donald Trump condemning voter fraud.

Whitley will “need to be able to answer that there is not an effort to infringe people’s right to vote,” said Sen. Kirk Watson, D-Austin, vice chairman of the nominations committee that will hear testimony on Thursday. “This is, in my view, a very important step in the process and a unique opportunity to start getting on the record answers about why we’re in this situation.”

There are four Republicans and three Democrats on the committee.

[…]

The hearing Thursday will be the first with Whitley speaking publicly about the voter rolls. Whitely declined an invitation to discuss the matter with the Mexican-American Legislative Caucus, said state Rep. Rafael Anchia, D-Dallas, although Whitley’s staff says the secretary has met privately with some legislators.

The issue is at best a “scandal of incompetence and at worse, it is a scandal of maliciousness,” said Anchia, who chairs the caucus. “The fact that a group of duly elected legislators is getting the stiff arm from the state is troubling.”

His confirmation is not assured.

Though Republicans hold 19 seats in the 31-seat upper chamber and can largely consider legislation without the say of any Democrat, Whitley needs a two-thirds vote among the senators present when the full Senate votes on his nomination. That means even with the support of all of the Republicans, he’ll need at least some Democratic support unless several senators are gone the day of the vote.

Whether he’ll clear that hurdle remains a question. Democrats on the Nominations Committee say they’re heading into Thursday’s hearing with a set of what are likely to be blistering questions about whether Whitley acted to suppress the votes of naturalized citizens.

“There is very little about this that doesn’t concern me — everything from intent to what a reasonable person would do under these circumstances to flaws in the system,” said state Sen. Kirk Watson, an Austin Democrat who serves as the vice chair of the committee.

Watson described Thursday’s hearing as a “very important step” in the confirmation process. It will allow senators to question Whitley about a review of the voter rolls “that has caused great concern — justifiable concern — about whether it’s an effort to infringe on people’s right to vote,” Watson said.

Whitley knows the appointments process well. Though he most recently served as Abbott’s deputy chief of staff, he previously oversaw appointments for the governor, remaining in that role during the confirmation of his predecessor, Rolando Pablos. Like Abbott’s first secretary of state, Carlos Cascos, Pablos was confirmed on a unanimous vote by the Senate.

But Abbott’s prior appointees haven’t had to explain themselves in the way Whitley might.

You can say that again. In the end, his nomination will surely advance out of committee for a vote by the full Senate, likely on a 4-3 vote. After that, who knows. He will finally get asked some questions about how this debacle came to be. Given all the lawsuits, getting him on the record, no matter how much he tries to dissemble and evade, will be both helpful and clarifying. Plus, you know, that ought to be part of the job description. The Statesman has more.

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