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SOS advisory lawsuit continues

From Day Two of testimony:

Still the only voter ID anyone should need

Despite a glaring error in the original data that questioned the citizenship status of tens of thousands of registered voters, a state elections official defended the investigation in federal court Wednesday, saying some potential illegal activity has been uncovered and blaming several county officials for problems that have arisen.

Keith Ingram, head of the Elections Division at the Texas secretary of state’s office, said 43 people on the list of suspect voters contacted his agency and asked to have their voter registration canceled because they were not U.S. citizens.

“I believe some have voted,” he told U.S. District Judge Fred Biery during a hearing into efforts by civil rights groups and an affected voter to halt the investigation as an error-riddled effort that improperly singles out naturalized citizens.

An additional 37 people asked to be removed from the state list of registered voters but gave no reason for the request, Ingram said.

[…]

Under questioning by opposing lawyer Chad Dunn, Ingram admitted that his agency’s original list of 95,000 suspect voters included about 20,000 people who had shown proof of citizenship to the Department of Public Safety.

Ingram blamed the mistake on the DPS, saying officials originally indicated that the information was not reliable because it was self-reported by the 20,000 people, only to later say that each registered voter had provided the DPS with proof of citizenship.

Asked by Dunn if his agency had publicly acknowledged that “the 95,000 figure is wrong and ought to be reduced,” Ingram said it had not.

Ingram also blamed officials in several counties for jumping the gun by immediately sending investigation letters demanding proof of citizenship to registered voters on the suspect list, saying they failed to heed warnings from his office that the names needed to be investigated first.

Ingram acknowledged that state officials were aware that the list included an unknown number of naturalized U.S. citizens because of shortcomings in citizenship data provided by the DPS.

See here for more from Day One of the trial, in which we first observed the state strategy of blaming the local county administrators for this fine mess we’re in. Sure seems to me that a lot of this could have been avoided if 1) the SOS had been more clear in its advisory to counties that there were likely a lot of false positives, 2) SOS wannabe David Whitley hadn’t stoked the fire by immediately referring the whole known-to-be-deeply-flawed list to the Attorney General, and 3) the SOS had at least backed off its initial and highly problematic “95,000 suspect voters” claim. The fact that we’re here in federal court tells you all you need to know about that.

In the meantime, there was a bit of drama in that courtroom.

A federal judge weighing whether to block Texas’ effort to investigate the citizenship of tens of thousands of people on its voter rolls said he wants to hear from a secretary of state employee who abruptly resigned from the office.

Betsy Schonhoff ran a nearly yearlong effort to match the state’s voter lists with databases at the Department of Public Safety for people who had obtained driver’s licenses when they weren’t citizens.

But she has not been served a subpoena, and there is evidence that she has been “evading service for five days,” said Chad Dunn, a lawyer for Julie Hilberg, a naturalized citizen whom the investigation flagged for review.

U.S. District Judge Fred Biery made it clear he wanted to hear Schonhoff’s testimony in his San Antonio court, saying he knows U.S. marshals “who are very good at finding people.”

“She’s going to be here,” he said.

Late Wednesday, the Texas Attorney General’s office pushed back on the plaintiff’s characterization of efforts to reach Schonhoff.

“It’s our office’s understanding that, despite not having been served, the former employee of the Secretary of State’s office is willing to voluntarily appear at the next scheduled hearing and will do so,” Marc Rylander, a spokesman for the office said in a statement.

That next hearing will be today, and I for one would also like to hear what Ms. Schonhoff has to say.

Later in that first story, we learn that the lawsuit filed in Corpus Christi by MALDEF on behalf of seven naturalized citizens has been consolidated with this one. The third lawsuit, filed in Galveston by a coalition of civil rights groups who had initially demanded that the advisory be rescinded, will also have a hearing today following a phone conference on Wednesday to address a state request to fold this into the current suit as well. That’s pretty common – there were many lawsuits relating to the 2011/2013 redistricting that were eventually all joined into one action – but the plaintiffs may oppose the motion and there may be reasons to keep them separate. We shall see. In the meantime, MALDEF has already come out swinging.

Lawyers for two Texas naturalized citizens who landed on the state’s list of “potential noncitizen voters” are re-urging a federal court to block state and county attempts to remove people from voter rolls before their clients lose their right to vote next week.

In a Thursday filing, Nina Perales of the Mexican American Legal Defense and Education Fund told U.S. District Judge Fred Biery in San Antonio that the “situation is urgent and requires the Court’s immediate intervention.”

“If they do not comply with the purge letter’s demand and provide proof of U.S. citizenship they will lose their right to vote on March 2, 2019,” the filing says.

The two clients, identified as Jane Doe #1 and John Doe #1, received letters in late January from Smith County, where they are registered to vote, asking them to verify their citizenship within 30 days or be taken off the voter rolls. Jane Doe #1 is a college student who has an internship in Austin through the end of May and can’t return home to procure the documents, according to the filing.

John Doe #1 said “he does not want to be treated like a second class citizen” simply because he is naturalized and “will not go through Smith County’s additional steps and requirements” because he has already proven his citizenship, the filing said.

You can see that brief here. I’m hopeful that the plaintiffs can get a favorable ruling, though whether it would stand up on appeal is a more fraught question. I’ll be keeping an eye on this as always.

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