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David Whitley

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.

First day in court for SOS advisory lawsuits

First day for the first lawsuit, one of three filed against that bogus SOS advisory.

Still the only voter ID anyone should need

A federal judge in San Antonio will hear arguments Tuesday in one of three legal challenges to the state’s initiative to purge tens of thousands of Texans from voter rolls who officials claim are not U.S. citizens.

U.S. District Judge Fred Biery will hear a request by a group headed by the League of United Latin American Citizens seeking a court order to block the plan. LULAC and others say many of the people targeted by the rollout were wrongly placed on the purge lists.

The state, in court records, defends the initiative as necessary. The hearing could last much of Tuesday, and possibly into Wednesday, but the judge is not expected to issue an immediate ruling.

[…]

LULAC’s suit said the initiative amounts to a discriminatory “witch hunt” targeting mostly Hispanic voters, in violation of the federal Voting Rights Act. The Campaign Legal Center joined the suit, adding constitutional concerns. The groups also filed a request to turn it into a class-action lawsuit for others who might be wronged.

The Mexican American Legal Defense and Educational Fund later filed a separate suit in Corpus Christi, which contends that state officials singled out naturalized citizens because they were born outside the country. A coalition of other groups — MOVE Texas Civic Fund, Jolt Initiative, League of Women Voters of Texas and the NAACP of Texas — filed a third lawsuit in Galveston to prevent the purge, saying Texas officials are treating those who have been naturalized as second-class citizens. Both lawsuits are pending.

See here for more on the LULAC lawsuit, and here and here for the other lawsuits. The Trib filed a story later in the day with more details about what happened so far.

Facing three federal lawsuits challenging the legality of Texas’ efforts to review the citizenship of 98,000 registered voters, a top lawyer for the state opened up his defense in one of the cases by claiming the state had not made any mistakes or imposed unconstitutional burdens on certain voters in rolling out the review. Actually, he argued, it was certain county election officials who had acted “contrary to state law.”

In a federal courthouse Tuesday, Assistant Attorney General Chris Hilton repeatedly questioned why two local election officials — Kerr County Tax Assessor Bob Reeves and Blanco County Tax Assessor Kristen Spies — immediately sent voters who were flagged by the state letters demanding that they prove their citizenship in order to remain on the voter rolls. Hilton said counties should have first reviewed their lists to determine whether they had reason to believe a voter was ineligible.

The two voter registrars told the court their staff was simply following the state’s instructions — laid out in an official election advisory — on how to determine if those individuals were in fact U.S. citizens and therefore eligible to vote. In her reading of the state’s advisory, in which state election officials repeatedly noted they had worked to provide counties with “actionable information,” Spies said she believed that meant “that we should work the list.” She was echoed by Reeves, who indicated the state’s decision to flag those voters gave them enough reason to move forward with those notices.

[…]

Hilton contended the secretary of state had merely told counties they had the choice to investigate the voters or take no action — not immediately send out notices.

“Unfortunately, Mr. Reeves, I think your staff has acted contrary to state law,” Hilton told Reeves, who oversees the county’s voter rolls and whose staff sent out 68 proof-of-citizenship letters the day the county received its list of voters from the state.

[…]

Chad Dunn, one of Hilberg’s attorneys, followed Hilton’s questioning by projecting a copy of the secretary of state’s advisory onto a large screen in the courtroom and reading from the part of the document that indicated that state officials “believe” the data they provided “can be acted on in nearly all circumstances.”

“Is a reasonable reading of that sentence that this list of voters is ready to be sent notices without any further steps?” Dunn asked.

“Based on this, yes,” Reeves responded.

Dunn then asked what effect a combination of that advisory and the statements made by top Republican officials about supposed voter fraud had on Reeves’ understanding of whether he needed to send those notices.

“To the best of my knowledge, that’s why my office sent that out,” Reeves said.

Classy move by the state, blaming the local officials for the SOS’s actions. The case continues today, and we probably won’t get an immediate ruling. And whatever happens here, those other lawsuits are out there as well.

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.

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.

The Whitley hearing

Not a great day at the office for our Secretary of State and his advisory-ing ways.

Still the only voter ID anyone should need

Almost two weeks after calling into question the citizenship status of almost 100,000 registered voters, Texas’ new chief elections officer, David Whitley, defended his office’s decision to hand over those voters’ names to law enforcement around the same time his office was also acknowledging to local election officials that the list of names could contain mistakes.

At a Senate hearing to consider his confirmation as secretary of state, Whitley vacillated between telling lawmakers he referred the list of voters to the attorney general’s office because his office had no power to investigate them for illegal voting and describing the citizenship review efforts as an ongoing process based on a list that still needed to be reviewed by local officials. But he made clear is that his office knew from the start that the data could be faulty.

He stated that in response to a question from state Sen. Lois Kolkhorst, a Brenham Republican, who asked whether the secretary of state’s office had “cautioned the counties that there may be mistakes on the data.”

“Yes,” Whitley responded.

But when he was pressed by Democrats over his decision to send the list to the statewide office that handles criminal voter fraud prosecutions before the list was fully vetted, Whitley responded he wanted to get the data “in the hands of someone who could do something with it,” given that the secretary of state’s office had no power to investigate. That prompted follow-up questions about whether he should have waited until the list was scrubbed by local election officials, and Whitley doubled down with his defense, despite describing the data as “preliminary.”

“I can tell you senator that 100 percent my reason for transmitting this data to the attorney general’s office was to ensure that these lists were as accurate as possible,” Whitley said to state Sen. Kirk Watson, D-Austin.

Sitting before senators in a packed committee room, Whitley faced blistering questions from Democrats for the better part of two hours. After brief opening remarks in which he touted his long career as a public servant, he somberly defended the controversial citizenship review efforts he ordered. But at times he struggled to answer technical questions about the flawed data at the heart of it.

At one point, Watson asked Whitley whether he’d consider asking the attorney general to hold off on investigating voters until the list was cleaned up. Whitley responded it was a “reasonable request” but said he was unsure “that it’s appropriate coming from my office.”

“You were the one who made the referral and blasted it all over the state,” Watson said.

See here for the background. It goes from there, and it never gets any better for Whitley, who mostly comes across as unprepared. As discussed, he will need a two-thirds vote of the Senate to be confirmed, and right now he doesn’t look to be on track to win over any Democrats, from whom he will need at least one vote to clear the bar. As I understand it, if he does not get confirmed, he will serve till the end of the legislative session, then Abbott will have to name someone else. The last time I can recall such an appointment getting scuttled was in 2011, when we had the fortunately-doomed nomination of David Bradley to the Forensic Sciences Commission. Before that was the 2009 nomination of Don McLeroy as Chair of the SBOE. I don’t care who you are in Texas politics, those are not names you want to be associated with.

Anyway. It’s still early to say what will happen for sure, but David Whitley didn’t win anyone over yesterday. See Progress Texas’ Twitter feed for in-the-moment coverage, and the Chron editorial board, which calls for Whitley to be rejected, has more.

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.

Three times a lawsuit

Hat trick!

Still the only voter ID anyone should need

A group of civil and voting rights organizations is suing the state’s chief election officers and local election officials in five counties, claiming Texas’ voter citizenship review efforts are unconstitutional because they intentionally target naturalized citizens and voters of color.

In a lawsuit filed Monday in a Galveston federal court, the MOVE Texas Civic Fund, the Jolt Initiative, the League of Women Voters of Texas and the Texas NAACP allege that the state’s move to flag tens of thousands of voters for review using faulty data violates the equal protection clause of the U.S. Constitution. They claim the effort places an undue burden on the right to vote and treats naturalized citizens differently than those born in the county.

The groups also allege that the state violated the Constitution and the federal Voting Rights Act by acting at least in part with the goal of discriminating against voters of color when it advised counties to verify the citizenship status of the voters it flagged.

The lawsuit against Texas Secretary of State David Whitley, Director of Elections Keith Ingram, and local election officials in Galveston, Blanco, Fayette, Caldwell and Washington counties is the third one filed against state officials since Jan. 25, when the state announced that it was sending counties a list of approximately 95,000 registered voters who told the Texas Department of Safety they were not citizens when they obtained their driver’s licenses or ID cards.

[…]

In their complaint, the plaintiffs — represented by the ACLU of Texas, the national ACLU, the Texas Civil Rights Project, Demos and the Lawyers’ Committee for Civil Rights Under Law — argue that Whitley “declined to include safeguards” in the process that would ensure naturalized citizens weren’t erroneously included on the list.

“The right to vote is a fundamental and foundational right, possessed equally by U.S. born and naturalized citizens,” the complaint reads. “The Secretary of State’s purge treats those who have been naturalized as second-class citizens whose right to vote can be uniquely threatened and burdened solely because at some point in the past, these individuals were not U.S. citizens.”

See here and here for the scoop on the other lawsuits, and here for a copy of the complaint. I had speculated in yesterday’s post about Lawsuit #2 that we could get this one as well, as the groups representing these plaintiffs had had specifically said they would sue if the SOS didn’t back all the way off. Gotta follow through when you say stuff like that, so folks will know you don’t mess around. At this point, we’re waiting to see what the courts will say. In an ideal world, they will force the state to do what these plaintiffs asked in the first place, which is to get their crap together before they put out baloney like this. Here’s hoping. On a related note, Mayor Turner released a statement urging Harris County Tax Assessor Ann Harris Bennett to reject the SOS advisory, which you can find here.

Second lawsuit filed over bogus SOS advisory

Keep ’em coming.

Still the only voter ID anyone should need

A group of Latino voters is suing top state officials who they allege unlawfully conspired to violate their constitutional rights by singling them out for investigation and removal from the voter rolls because they are foreign-born.

Filed in a Corpus Christi-based federal court on Friday night, the suit alleges that the decision by state officials to advise counties to review the citizenship status of tens of thousands of registered voters it flagged using flawed data runs contrary to the 14th Amendment of the U.S. Constitution and the federal Voting Rights Act because it imposes additional requirements to register to vote on naturalized citizens.

Joined in the suit by several organizations that advocate for Latinos in Texas, the seven voters suing the state all obtained their driver’s license before they became naturalized citizens and subsequently registered to vote.

Their lawsuit — which names Republican Gov. Greg Abbott, Texas secretary of state David Whitley, attorney general Ken Paxton and one local official as defendants — asks the court to halt the state’s review and block officials from taking any action against them based on their national origin. It also asks Whitley to refrain from targeting new citizens for voter purges and to withdraw his current list “unless and until it acquires information that the voters are currently ineligible to vote.”

[…]

One of the plaintiffs — Julieta Garibay — has confirmed with Travis County election officials that she is on the list they received from the state. Five others believe they were included on the state’s list. Another plaintiff — Elena Keane — received a notice from Galveston County stating “there is reason to believe you may not be a United States citizen” and asking for proof of citizenship within 30 days to remain on the voter rolls.

Two days later, Keane received a second letter stating she had received the first letter in error.

Here’s the latest on that first lawsuit. This one was filed by MALDEF on behalf of the voters. The ACLU of Texas and the Texas Civil Rights Project have threatened to sue if the SOS doesn’t rescind the advisory, so we may get a third filing before all is said and done. Keep at it and don’t let up, I say. The Chron has more.

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.