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Red flag

This seems like maybe it’s a problem.

A report out Wednesday by the San Antonio Express-News found that a gun owner in Texas had sent more than 100 pages of racist and violent letters to the Texas Attorney General’s office threatening to kill undocumented immigrants over the course of a year and a half, and that nothing was done to stop him or to communicate the threat to local authorities.

“We will open fire on these thugs,” the white man who allegedly sent the messages wrote in an email to the office. “It will be a bloodbath.”

Over the same period, local officers in San Antonio responded to 911 calls made by and about the man, and visited his house, on at least 35 occasions. However, because he had never seemingly committed a crime, police did not arrest him or take legal action. Nearby neighbors told the Express-News that the man’s home is covered in security cameras and that he often emerged holding a shotgun.

When alerted by a reporter at the Express-News of the threats made to the Attorney General’s Office, the police force did respond. “Since you’ve made us aware of those threats, our fusion center and our mental health unit have reached out to the AG’s office and are trying to work something to make a case against [the alleged suspect Ralph] Pulliam,” Sargent Michelle Ramos told the paper. “They’re going to investigate that.”

The threats and lack of communication by Republican Texas Attorney General Ken Paxton to local police takes on a new light in the wake of two mass shootings in Odessa and El Paso. The El Paso shooter had long written about his hatred for immigrants and his mother had reportedly called the police before the shooting because she did not think her son should own a gun.

“These messages are clearly threats of deadly force against San Antonians based solely on the color of their skin,” wrote State Representative Trey Martinez Fischer in a letter to Paxton. “It is deeply alarming to me that despite the large volume and explicit nature of the messages from Mr. Pulliam, the Office of Attorney General has taken so long to cooperate with local law enforcement.”

The story was published in the print edition of the Sunday Chronicle, but there’s no link for it yet on the Chron site and the E-N story is behind the paywall, so this is the best I can do. Do bear in mind that Ken Paxton has been actively encouraging people like this to report their complaints to his office, so it’s no wonder he’s being tight lipped about this. Dude’s one of his best customers. In the meantime, while we hope this guy doesn’t follow through on any of the many threats of violence he has made, let’s see if any of our Republican leaders, who have been trying to convince us that they might actually Do Something this time, will at least voice support for disarming this guy. I’m not going to hold my breath.

“Mistakes were made”

Oops.

Gov. Greg Abbott said Thursday that “mistakes were made” in his fundraising letter that used alarmist language in calling to “DEFEND” the Texas border and was dated one day before a deadly shooting that targeted Hispanics in El Paso.

Speaking to reporters ahead of the second meeting of the newly formed Texas Safety Commission, Abbott said he talked to members of the El Paso legislative delegation about the mailer and “emphasized the importance of making sure that rhetoric will not be used in any dangerous way.”

“I did get the chance to visit with the El Paso delegation and help them understand that mistakes were made and course correction has been made,” he said. “We will make sure that we work collaboratively in unification. I had the opportunity to visit with [the El Paso delegation] for about an hour to fully discuss the issue.”

In his short remarks, Abbott didn’t address the specific language of the letter, what mistakes were made or what course correction has been made on his end. His comments come nearly a week after The Texas Tribune first reported on the letter, which cautioned of supposed political implications that could come with unchecked illegal immigration.

I try not to pay too much attention to Greg Abbott, because honestly, he’s about as interesting as cardboard. The most amazing thing about this story is that Abbott actually responded to a reporter’s question. Go ahead, find the last story in any reputable Texas news source that doesn’t contain some variation on “Governor Abbott’s office did not respond to our request for comment”. As Chris Hooks points out, Abbott is much more likely to engage with some rando on Twitter than with a newsie. I have no idea what spurred this little bit of passively voicing the quiet part of his inner dialog, but we may as well enjoy it. Who knows when it may happen again. The Observer has more.

We have a new SOS

Yippie.

Still the only voter ID anyone should need

After losing his last chief election officer over a botched review of the state’s voter rolls, Gov. Greg Abbott on Monday appointed a new secretary of state: Ruth Ruggero Hughs.

Ruggero Hughs is moving from the Texas Workforce Commission, which she has chaired since August 2018. She joins the secretary of state’s office nearly three months after Democratic senators blocked the confirmation of her predecessor, David Whitley, who questioned the voter registration of thousands of naturalized citizens.

Whitley resigned on May 27, lacking enough votes in the Texas Senate to keep the job after he oversaw an effort to scour the voter rolls for supposed noncitizens. The review instead threatened the voting rights of tens of thousands of voters of color, landed the state in federal court and prompted a congressional inquiry into voting rights violations.

[…]

Ruggero Hughs is likely to face a challenge in repairing the secretary of state’s relationship with the hundreds of local officials it depends on to run elections. Some county officials have said they’re still waiting for an explanation from the secretary of state’s office on how they got the review so wrong.

I wouldn’t hold my breath on that. Abbott took his sweet time naming a replacement, because he’s Greg Abbott and he does what he wants. Whether Ruggero Hughs winds up being a better SOS than David Whitley was isn’t a high bar to clear, but the real question is whether she’ll be Abbott’s flunky or an honest broker. We’ll have to wait and see, and keep a very close eye on her in the meantime. Because the Lege is not in session, she’ll get to serve until 2021, at which point she’ll need to have won over at least a couple of Dems if she wants to stay in that job. The Chron has more.

The local response (so far) to the ICE raids

This is good.

Houston’s top elected and law-enforcement officials sharply criticized federal authorities’ plans to arrest large numbers of immigrant families living without legal permission in major U.S. cities, contending that the raids targeting groups of recent arrivals would harm public safety and risk separating children from their parents.

Mayor Sylvester Turner and Police Chief Art Acevedo took to nationally broadcast programs to weigh in against the raids, which are set to begin as early as Sunday in at least 10 cities, including Houston. Officials from Immigration and Customs Enforcement appear likely to target immigrants who recently crossed the border and have been issued a final order of deportation.

“It’s one thing if the focus of these raids is on people with criminal records, people who have committed violent crimes, people who are part of gangs,” Turner said earlier this week on NPR’s All Things Considered.

The raids should not aim to deport people “who have been here for quite some time,” Turner continued, if “their crime is only coming here to seek a better way of living or to provide a better opportunity for their families.”

[…]

Harris County Sheriff Ed Gonzalez said his office would not participate in the raids, arguing that local involvement would “drive undocumented families further into the shadows” and damage community safety.

“It silences witnesses & victims & (would) further worsen the challenges law enforcement officials face,” Gonzalez, a Democrat, said in a tweet.

Harris County Judge Lina Hidalgo issued a statement containing information about the legal rights that people retain when interacting with ICE agents, such as their right to not answer the door if the agents do not present a warrant.

“These raids seek to subvert our sense of community by putting the very heart of Harris County, our diversity, in the cross-hairs of a shameful political maneuver,” said Hidalgo, a Democrat elected last year.

Turner issued a fresh statement Saturday saying the city would continue to offer services to all residents “regardless of who they are, where they are from, or their documentation status.” ICE had yet to contact the city about the raids, the mayor added.

“The president’s order for concentrated ICE raids against immigrant families in Houston and elsewhere stands against everything we represent as a welcoming city,” Turner said.

This is also good.

U.S. Rep. Sheila Jackson Lee met with faith leaders in Houston on Saturday to invite undocumented immigrants to seek refuge in churches, mosques and synagogues and call on religious organizations to open their doors ahead of Sunday’s anticipated deportation roundup by Immigration and Customs Enforcement officers.

“It is to my dismay that I have to come home to find many of those who live in my jurisdiction, my constituency, are panicked, frightened and in fear of their lives,” said Jackson Lee, a Houston Democrat. “I say to the federal authorities: that you are well aware and on notice that you are not able to come into a church and demand anyone that is a representative of the faith to give anyone to anyone.”

Jackson Lee gathered with faith and local leaders Saturday afternoon at the Living Water International Apolistic Ministries in Houston. The ministry, along with half a dozen other churches, announced it would shelter undocumented immigrants on Sunday who fear they are in danger of being taken by ICE.

“We want to be a beacon of light for those who may be in fear. So when I got the call, I couldn’t do anything but accept,” said Apostle Robert Stearns, leader of Living Water. “There is nothing strange to us in doing this. This is our heart and our passion.”

It’s a good start. Now we need to be ready for whatever the response to this is.

We need a coordinated strategy to fight these immoral immigration raids

I feel such despair about this.

Federal authorities are expected to try to arrest thousands of immigrant families in at least 10 cities, including Houston, beginning as early as Sunday, rattling communities across the country who faced a similar scare last month.

President Donald Trump postponed such an operation in June, partly because of conflict among his immigration enforcement officials on how to conduct the raids and out of concern for officers’ safety after the president publicized the plans on Twitter. Trump said he was giving Democrats time to come up with a solution to the immigration crisis in Congress.

This weekend’s operation would likely focus on thousands of immigrants who recently crossed the border and have been issued a final order of deportation — even if they were never informed of their court date or were unable to make the hearing. But agents also are authorized to make “collateral” arrests and detain other immigrants they encounter, even if they were not the target.

Several national news outlets reported Thursday that the raids were planned for the coming week. Tim Oberle, a spokesman for Immigration and Customs Enforcement, declined to release details about any operation, citing “law-enforcement sensitivities and the safety and security” of agents.

Reports of an impending operation sparked renewed outrage and concern among immigrant communities and advocates. Nationwide protests outside immigrant detention centers are scheduled this weekend.

“People are very worried,” said Cesar Espinosa, executive director of FIEL Houston, an advocacy group that will be on-call for reports of any enforcement activity. “We are getting a lot of calls asking, ‘Is it true that this is actually happening now?’”

[…]

The American Civil Liberties Union filed a lawsuit Thursday in New York to stop the enforcement operation, arguing that affected immigrants were denied due process because they were not able to make their case for protection in court. It said many are asylum seekers who failed to appear because of “massive bureaucratic errors and, in some cases, deliberate misdirection.”

Notices to appear in court were often sent to wrong addresses or after hearings had passed, or they listed dates when the courts were not open.

“The agencies’ flagrant and widespread errors made it impossible for people to know when their hearings were being held,” the ACLU said in a statement.

[…]

A large-scale enforcement action focused on families, rather than criminals, would be unusual and difficult, said John Sandweg, a former acting director of ICE.

“There are serious operational challenges once you have that population in custody,” he said. “You need very tight plans on where you can hold families, for how long they are there, how you are going to transport them and where you can stage them.”

Remember, the cruelty is the point. The Trump administration cannot be trusted with families. It’s not just these raids, it’s also the inhumane conditions at detention centers and the continued state of fear and terror that immigrants are subject to. This is a crisis, and we don’t know how to respond to it. I know I feel paralyzed. It’s hard in part because there are so many crises, with new ones popping up each day. We all have a role to play, which we all need to figure out for ourselves, but it needs to start with leadership from all of our elected officials. Whatever part of this immoral machinery is within the jurisdiction of our city and our county, we need oversight, we need accountability, and where we can’t get these things we need resistance. Future generations are going to judge us for what we did and didn’t do.

UPDATE: Here’s a statement from Mayor Turner about the raids.

Some Census shenanigans short-circuited

The head, it spins.

In a scalding order that called the Justice Department’s motion to change lawyers “patently deficient,” a federal judge in Manhattan on Tuesday blocked the move by the Justice Department to withdraw several of its attorneys from the census citizenship question case in New York.

With the exception of two DOJ lawyers who are withdrawing from the case because they have left their position at the Justice Department altogether, U.S. District Judge Jesse Furman is not letting the other attorneys withdraw because the department failed to provide “satisfactory reasons” for their exit from the case.

“Defendants provide no reasons, let alone ‘satisfactory reasons,’ for the substitution of counsel,” Furman said. Furman said that the government’s vague claim in its withdrawal motion that it did not expect the withdrawal to cause disruption to the proceedings was “not good enough, particularly given the circumstances of this case.”

[…]

“As this Court observed many months ago, this case has been litigated on the premise — based ‘in no small part’ on Defendants’ own ‘insist[ence]’ — that the speedy resolution of Plaintiffs’ claims is a matter of great private and public importance,” Furman said in his order Tuesday. “If anything, that urgency — and the need for efficient judicial proceedings — has only grown since that time.”

The Department of Justice has not offered many details as to why it was shaking up its legal team, prompting speculation that the career attorneys were not comfortable with the direction the administration was going in trying to get the question re-added.

In comments to the press on Monday Attorney General Bill Barr said that he could “understand if they’re interested in not participating in this phase.” But he also said he did not know the details as to why they were exiting the case.

On Tuesday, Furman raked the Justice Department over the coals for its failures to meet the procedural requirements for replacing its attorneys.

See here for some background, though note that that post is primarily about the Maryland case, while this is about the New York case. I could not tell if there was a similar effort by the attorneys in that case to withdraw. This all happened in a hurry, from the initial announcement to the pushback by the plaintiffs, to the judge’s order. What happens next is anyone’s guess, for both cases. Remember, the whole reason why SCOTUS took this case when it did was because the Trump administration insisted they needed to have everything resolved by the end of June to have enough time to actually do the Census. So much for that. How big a chump does Donald Trump think John Roberts is? We’re about to find out. A copy of the judge’s order is here, and Daily Kos and Politico have more.

UPDATE: The Maryland judge has also rejected a request for the Justice Department attorneys to withdraw, though he will allow the request to be re-submitted.

Yeah, we spoke too soon about the Census citizenship question

It’s maximum chaos time.

The Justice Department affirmed Friday that it still is pursuing a path for adding a citizenship question to the 2020 Census, according to a filing in federal court in Maryland.

The filing followed statements earlier in the day from President Trump in which he said he is “thinking of” issuing an executive order to add the controversial question.

Government lawyers said in their filing Friday that the Justice and Commerce Departments had been “instructed to examine whether there is a path forward” for the question and that if one was found they would file a motion in the U.S. Supreme Court to try to get the question on the survey to be sent to every U.S. household.

Attorneys for the government and challengers to the addition of the question faced a 2 p.m. deadline set by U.S. District Judge George J. Hazel to lay out their plans.

Hazel said earlier this week that if the government stuck with a plan to try to add the question, he would move ahead on a case before him probing whether the government has discriminatory intent in wanting to ask about citizenship.

The Justice Department lawyers argued in Friday’s filing that there was no need to start producing information in that case since for now courts have barred the government from adding the question. But the government also agreed to follow a schedule to move ahead if that was laid out.

The government has begun printing the census forms without the question, and that process will continue, administration officials said.

[…]

Census officials and lawyers at the Justice and Commerce departments scrapped holiday plans and spent Independence Day seeking new legal rationales for a citizenship question that critics say could lead to a steep undercount of immigrants, which could limit federal funding to some communities and skew congressional redistricting to favor Republicans.

“It’s kind of shocking that they still don’t know what they’re doing,” Thomas Saenz, president and general counsel of the Mexican American Legal Defense and Educational Fund said. MALDEF is representing some of the plaintiffs in the case in Maryland. “We’re in this posture because they don’t know what the real plan is.”

See here for the background. This all began with some Trump tweets, because that’s the hellscape we now inhabit. Literally no one knows what will happen next – the judge even remarked that the Justice Department lead attorney “didn’t speak for his client” – so try some cleansing breaths and do a little binge-watching, to stay calm. TPM, Daily Kos, Think Progress, Mother Jones, and Slate have more.

UPDATE: And then there’s this.

The American Civil Liberties Union and partners today asked a federal court in New York to block the Trump administration from taking any action that would delay the printing of 2020 census forms or change the forms to include the citizenship question.

They have an oral argument date of July 23. Note that this is in the New York court. The hearing yesterday was in the Maryland court. Multiple lawsuits, remember? So there are multiple fronts on which to fight.

UPDATE: And discovery will begin in the Maryland case.

No Census citizenship question

Hallelujah.

The Trump administration is dropping plans to add a citizenship question to the 2020 Census, the Justice Department confirmed Tuesday just days after the Supreme Court described the rationale for the question as “contrived.”

The decision to back away from the controversial question was a victory for civil rights advocates concerned that the query would lead to an inaccurate count of immigrant communities that could skew political representation and federal funding.

“In light of the Supreme Court’s ruling, the government had no choice but to proceed with printing the 2020 census forms without a citizenship question. Everyone in America counts in the census, and today’s decision means we all will,” attorney Dale Ho of the American Civil Liberties Union said in a statement.

The fate of the question has been the subject of legal and political wrangling since March 2018, when Commerce Secretary Wilbur Ross announced he planned to add it to the decennial survey, sparking a half-dozen lawsuits from states, cities, civil rights groups and others.

Just last week, President Trump responded to the Supreme Court’s ruling by saying he would seek to delay the census to give administration officials time to come up with a better explanation for why it should include a citizenship question.

Instead, government lawyers notified those challenging the question of the decision to proceed without it.

See here and here for the background. It sure is nice to see lying not get rewarded for once, isn’t it? Despite this early cave, it was a closer call than you might think, because if the government had been able to get any slightly-less-bullshit pretext back before SCOTUS in time, you know John Roberts would have waved it on through. Now we can at least get this done in something approaching a normal manner, and add “pass a law outlawing citizenship questions on the Census” to the ever-longer to do list for the next Democratic government. Note that this should not affect the examination of the newly uncovered Hofeller evidence, but it does close this chapter of the story. Big sigh of relief. Think Progress, TPM, Mother Jones, Slate, and Daily Kos have more.

Next up for the Census lawsuit

Before the Trump administration can take a second shot at SCOTUS with the Census citizenship question, the federal court in Maryland will be revisiting their case with some new data.

[The SCOTUS] decision came two days after a federal appeals court ruled that Maryland-based federal Judge George Hazel — who is considering another legal challenge that was not before the high court — could consider new evidence that recently emerged in the litigation related to the federal government’s motivation for adding the question.

That challenge in Maryland was filed on behalf of more than two dozen plaintiffs, including the Texas House’s Mexican American Legislative Caucus, the Texas Senate Hispanic Caucus and several Texas-based nonprofits that advocate for Latino residents. They argued that including the question would lead to a disproportionate undercount of immigrants and people of color.

Hazel had already agreed with those plaintiffs’ allegations that the inclusion of the citizenship question violated the U.S. Constitution’s enumeration clause and a federal law that governs federal agencies and their decision-making process.

But they failed to convince Hazel that the question unconstitutionally violated equal-protection guarantees and that Trump administration officials had conspired to add the question to the 2020 questionnaire based on animus against Hispanics and immigrants, particularly when it comes to counting noncitizens for the apportionment of political districts.

(Those issues were not before the Supreme Court in the case it ruled on this week.)

On Monday, Hazel said he would reconsider the plaintiffs’ arguments after evidence emerged suggesting the question may have been tacked on to advance Republican gerrymandering and undermine Hispanics’ political clout.

[…]

“The citizenship question is blocked for now but the Supreme Court’s decision leaves open the possibility for it to come back. That’s why our lawsuit is so important,” said Juanita Valdez-Cox, the executive director of La Unión del Pueblo Entero. “In fact, the court in Maryland is weighing new evidence that shows that the real intention is to injure communities of color for partisan gain.”

Lawyers with the Mexican American Legal Defense and Educational Fund, which is representing some of the Texas plaintiffs, said Thursday they would immediately pursue their claims before Hazel. They had already asked him to enter an injunction while the court was still considering the case so they could prevent the administration from adding the citizenship question to the 2020 census forms it had planned to print this summer.

This of course is all in reference to the Hofeller evidence, which came out after the original ruling in that case. This is the case with the closest relationship to Texas – the Hofeller data was based on Texas’ state legislative districts – so it would be extra sweet if it helps keep the citizenship question off the Census regardless. I’ll be keeping a close eye on it.

Census citizenship question stopped for now

“For now” being the key point.

The Supreme Court on Thursday put on hold the Trump administration’s plan to add a citizenship question to the 2020 census form sent to every household, saying it had provided a “contrived” reason for wanting the information.

Chief Justice John Roberts wrote the splintered opinion. In a section agreed with by the court’s liberals, he said the Commerce Department must provide a clearer explanation.

Agencies must offer “genuine justifications for important decisions, reasons that can be scrutinized by courts and the interested public,” Roberts wrote. “Accepting contrived reasons would defeat the purpose of the enterprise. If judicial review is to be more than an empty ritual, it must demand something better than the explanation offered for the action taken in this case.”

Roberts said a district judge was right to send the issue back to the Commerce Department for a better explanation.

A string of lower-court judges found that Commerce Secretary Wilbur Ross violated federal law and regulations in attempting to include the question on the census. They starkly rebutted his claim that the information was first requested by the Justice Department to enforce the Voting Rights Act, and they noted his consultations with hard-line immigration advocates in the White House beforehand.

What happens next was not immediately clear; the department had said it must know by the summer whether the question can be added.

See here for some background. Trump has already tweeted that they will try again, so it’s mostly a question of timing. Rick Hasen thinks they may be able to get back before SCOTUS in time for the fall term, which would allow for the question to be re-decided in time. Ari Berman, talking to ACLU attorneys who were among the counsel for the plaintiffs, think it’s unlikely. Everyone agrees that SCOTUS ruled that the Commerce Department could add a citizenship question if it had followed the Administrative Procedures Act, so if they can get back to SCOTUS they will almost certainly prevail. The new questions raised by the Hofeller files may be an extra obstacle for the Commerce Department, but not necessarily. Hold onto your butts. Daily Kos and Texas Monthly have more.

“I’m haunted by their eyes”

We should all be haunted, and outraged, by this.

Immigrants held in a McAllen-area U.S. Customs and Border Patrol processing center for migrants — the largest such center in America — are living in overcrowded spaces and sometimes are forced to sleep outside a building where the water “tastes like bleach,” according to an attorney who recently interviewed some of the migrants.

“It was so bad that the mothers would save any bottled water they could get and use that to mix the baby formula,” attorney Toby Gialluca told The Texas Tribune on Saturday.

But when she recalls the conditions described to her by the immigrants she interviewed at McAllen’s Centralized Processing Center, Gialluca said she goes back to one thing.

“Their eyes. I’m haunted by their eyes,” Gialluca said.

Gialluca and a slew of other lawyers have been meeting with children and young mothers at facilities across the state this month as pro bono attorneys. At the McAllen Center, Gialluca said everyone she spoke with said they sought out Border Patrol agents after crossing the Rio Grande so they could request asylum.

Gialluca said the migrants, all from Honduras, Guatemala, and El Salvador, told her they aren’t receiving proper medical care and children don’t have enough clean clothes. Unable to clean themselves, young mothers reported wiping their children’s runny noses or vomit with their own clothing, Gialluca said. There aren’t sufficient cups or baby bottles, so many are reused or shared.

“Basic hygiene just doesn’t exist there,” Gialluca said. “It’s a health crisis … a manufactured health crisis,” she said.

[…]

On Saturday, state Sen. Carol Alvarado, D-Houston, issued a letter to the Texas Health and Human Services Commission inquiring about the reportedly inhumane conditions at a Clint facility where another group of lawyers told the Associated Press about a group of 250 infants, children and teens who spent nearly a month without adequate food, water and sanitation.

Attorneys who visited the El Paso-area station said they found at least 15 children sick with the flu and described a sick and diaperless 2-year-old boy, whose “shirt was smeared in mucus,” being taken care of by three girls all under 15.

“HHSC has a responsibility to these children and individuals to ensure they are receiving, at a minimum, basic care,” Alvarado wrote, acknowledging that the facilities are managed at a federal level, but still imploring the state to do more. “As these facilities are in our state, the conditions under which they operate is a reflection of our values and commitment to the humane treatment of all within our borders.”

There are a lot of elected officials in this state who support passing laws greatly restricting access to abortion because they say they believe in the sanctity of life. Most of those same officials oppose laws that grant equal treatment under the law to LGBTQ people, and support laws that allow “sincerely held religious beliefs” to be a legal reason to not do business with LGBTQ people, because they believe that LGBTQ people are engaged in immoral behavior. These same elected officials, who care so much about life and morality, don’t have so much as an unkind word to say about the appalling, inhumane treatment of thousands of people, many of them children and babies, right here in Texas. I don’t know why any moral authority is granted to these officials, whose names include Greg Abbott, Dan Patrick, Ken Paxton, John Cornyn, Ted Cruz, Chip Roy, Dan Crenshaw, Ron Wright, Lois “Bathroom Bill” Kolkhorst, Jonathan “Former Fetus” Stickland, Tony “Death Penalty For Abortion” Tinderholt, and many many more. They have clearly shown that they don’t deserve it.

UPDATE: In addition to voting all of these useless assholes out of office, you can donate to or volunteer for any of these organizations if you want to help do something about this.

Paxton still holding on to bogus voter purge data

It’s all about secrecy. He doesn’t want you to know what he’s up to.

Best mugshot ever

More than a month after a legal settlement was reached to scrap the review, Paxton’s office has indicated it is keeping open the criminal investigation file it initiated based on the secretary of state’s referral. That’s even after the list was discredited when state officials realized they had mistakenly included 25,000 people who were naturalized citizens and admitted that many more could have been caught up in the review.

Paxton’s office made that indication in a letter this week denying The Texas Tribune’s request for a copy of the list of flagged voters.

The Tribune originally requested the list soon after Whitley announced the review. But the attorney general — whose office also serves as the arbiter of disputes over public records — decided that the list could remain secret under an exemption to Texas public information law that allows a state agency to withhold records if releasing them “would interfere with the detection, investigation, or prosecution of crime.” The office separately confirmed that it had opened a “law enforcement investigation file.”

Following the settlement in late April — and after the secretary of state’s office rescinded the advisory that launched the review — the Tribune re-upped its request with both the secretary of state and the attorney general’s office. But the secretary of state’s office in late May and the attorney general’s office this week asserted they would still withhold the list based on the law enforcement exemption.

“As the law, facts, and circumstances on which that ruling was based have not changed, we will continue to rely on that ruling and withhold the information at issue,” Lauren Downey, an assistant attorney general, told the Tribune in an email.

[…]

“It’s very troubling that the attorney general would base an investigation on a debunked list that we know contains tens of thousands of naturalized citizens,” said Nina Perales, vice president of litigation of the Mexican American Legal Defense Fund, which sued the state on behalf of several naturalized citizens. “If the only basis of the investigation is that voters are naturalized U.S. citizens, then that’s discriminatory and unconstitutional.”

See here for the background. Lord only knows what there might be to investigate, since the list in question was based on useless data, but that sort of trivia doesn’t stop Ken Paxton. Is there some kind of legal action people could take to force Paxton to fish or cut bait? If there is, I hope they pursue it. If not, I guess we just have to wait.

It was Abbott all along

Who was behind that botched voter purge that caused now-former Secretary of State David Whitley to not get confirmed by the Senate? Greg Abbott, that’s who.

Still the only voter ID anyone should need

Two top officials at the Department of Public Safety named Gov. Greg Abbott’s office as a driving force in the state’s program to purge nearly 100,000 suspected non-U.S. citizens from Texas’ voter rolls, emails made public Tuesday show.

Abbott’s office, however, on Tuesday denied it had any contact with the agency before the launch of the effort in late January.

[…]

The emails were made public Tuesday by the League of United Latin American Citizens and the Washington, D.C.-based Campaign Legal Center, which represented plaintiffs who sued the state.

In an August 2018 email, John Crawford, a top official of the driver license division at the Texas Department of Public Safety, told employees that DPS had previously turned over records to compare with state voter rolls, and “we have an urgent request from the governor’s office to do it again.”

That same day, the director of the driver license division, Amanda Arriaga, wrote in a separate email that “the Governor is interested in getting this information as soon as possible.”

In a statement, Abbott denied talking to the Department of Public Safety about the issue until March of this year.

“Neither the Governor, nor the Governor’s office gave a directive to initiate this process,” said Abbott spokesman John Wittman. “No one speaks for the Governor’s office, but the Governor’s office.”

Sure is amazing what you can find out when public records are made public, isn’t it? There’s a reason why Ken Paxton is fighting the release of other SOS files so hard. Abbott’s flunky can claim that the DPS spokesperson doesn’t speak for Abbott, but I think we all know she didn’t make that rationale up on her own. Glen Maxey was right: A scheme like this doesn’t come out of nowhere. One way or another, it comes from the boss. We just now have some documentation to back that up. The Statesman and Think Progress have more.

UPDATE: Ross Ramsey weighs in.

How to rig the Census

This is how you would do it.

The Trump administration’s controversial effort to add a citizenship question to the 2020 census was drawn up by the Republican Party’s gerrymandering mastermind, who wrote that it “would clearly be a disadvantage to the Democrats” and “advantageous to Republicans and Non-Hispanic Whites.” This bombshell news, revealed in newly released legal documents, suggests that the Trump administration added the question not to better enforce the Voting Rights Act, as it claimed, but to benefit Republicans politically when it came to drawing new political districts.

A case challenging the citizenship question is currently before the Supreme Court, and the new evidence significantly undercuts the Trump administration’s position in the case.

Tom Hofeller, who passed away last year, was the longtime redistricting expert for the Republican National Committee. He helped Republicans draw heavily gerrymandered maps in nearly every key swing state after the 2010 election. In some of those places, like North Carolina, the new lines were struck down for discriminating against African Americans.

In 2015, Hofeller was hired by the Washington Free Beacon, a conservative news outlet, to study the impact of drawing state legislative districts based on citizenship rather than total population, which has been the standard for decades. Hofeller’s analysis of Texas state legislative districts found that drawing districts based on citizenship—a move he conceded would be a “radical departure from the federal ‘one person, one vote’ rule presently used in the United States”—would reduce representation for Hispanics, who tended to vote Democratic, and increase representation for white Republicans. But Hofeller said that a question about citizenship would need to be added to the census, which forms the basis for redistricting, for states like Texas to pursue this new strategy.

Hofeller then urged President Donald Trump’s transition team to add the question about citizenship to the 2020 census. He urged the team to claim that a citizenship question was needed to enforce the Voting Rights Act, even though Hofeller had already concluded that it would harm the racial minority groups that the act was designed to protect. That argument was then used by the Justice Department in a December 2017 letter requesting that the Commerce Department, which oversees the census, include a citizenship question.

Hofeller’s documents were discovered on hard drives found by his estranged daughter and introduced into evidence in a separate trial challenging gerrymandered North Carolina state legislative districts drawn by Hofeller. On Thursday, lawyers challenging the citizenship question cited them in federal court. They suggest that members of Trump’s team may not have been fully forthcoming in their testimony under oath. Neither Trump transition team member Mark Neuman nor John Gore, the former assistant attorney general for civil rights who wrote the Justice Department letter, mentioned Hofeller’s involvement in the letter when they were deposed under oath as part of a lawsuit by New York and 17 other states challenging the citizenship question.

Yeah. And of course, Texas was a key to all this.

The filing includes a 2015 analysis by Hofeller that had been commissioned to demonstrate the effect that using the population of citizens who are of voting age, as opposed to total population, would have on drawing up legislative districts.

Hofeller detailed how the change would clearly be “advantageous to Republicans and Non-Hispanic Whites” by using the Texas House as his case study. He detailed how the Hispanic population would drop in traditionally Democratic districts, which would then have to grow geographically to meet constitutional population requirements in redistricting.

The loss of Democratic-leaning districts would be most severe in areas with mostly Hispanic populations, such as South Texas, El Paso and the Rio Grande Valley, which would lose 2.6 state House districts, according to Hofeller’s analysis. The change would also cost Dallas County 1.7 districts and another 1.7 districts in Harris County and its suburbs.

If the Supreme Court had required such a change at the time of the study, it would have mandated a “radical redrawing of the state House districts,” Hofeller wrote. He noted that the traditionally Democratic districts in need of more population could pick up pockets of Democratic areas in adjacent Republican-held districts and ultimately shore up the GOP’s control across the state.

But that approach was unrealistic at that point, Hofeller wrote in his study, because the government did not compile the necessary citizenship information. And he admitted it was unlikely that the Supreme Court could be convinced to alter the population standard used to draw legislative districts.

“Without a question on citizenship being included on the 2020 Decennial Census questionnaire, the use of citizen voting age population is functionally unworkable,” Hofeller said.

This is a reference to the Evenwel lawsuit, which established that states had discretion in how they drew legislative districts, but did not opine on whether drawing them based on citizen population rather than plain old population was legal. And so here we are.

The Census lawsuits have been argued before the Supreme Court, where the five Republican Justices seem inclined to let the Trump administration break the law as they see fit. Rick Hasen thinks this should-be-a-blockbuster revelation will just make the SCOTUS Five that much more likely to go with Team Trump. Hey, remember how Jill Stein supporters – and Ralph Nader supporters before her – poo-poohed concerns about the makeup of the Supreme Court if another Republican President got to pick more Justices? Good times, good times. ThinkProgress and Daily Kos have more.

Adios, David Whitley

Sine die and see ya.

Still the only voter ID anyone should need

The ill-fated tenure of Texas Secretary of State David Whitley has come to an end.

The Texas Senate gaveled out Monday without confirming the state’s top election official, who served for less than half a year and whose tenure was mired in controversy over a failed attempt to scour the voter rolls for noncitizens — a review that questioned the citizenship of thousands of legitimate voters.

But minutes before that happened, the Austin American-Statesman reported that Whitley had submitted his resignation. The secretary of state is constitutionally required to leave office immediately if the Senate goes through an entire legislative session without confirming him.

His departure is an unusual end; gubernatorial appointees typically sail through the Senate.

[…]

All 12 Democratic senators went on the record as “nays” on Whitley’s confirmation in February, citing concerns over the fear the review had caused among legitimate voters who were not born in the U.S. and who are more likely to be people of color. During the review, some of those individuals received letters demanding they prove their citizenship to avoid being kicked off the rolls.

“The reality is that Democrats showed solidarity on that issue because of Whitley’s position of voter suppression,” state Sen. Royce West, D-Dallas, told reporters after the Senate adjourned. “That was the issue.

“It was not that he was not a good person — he seemed like he was a great person — but not the secretary of state, especially concerning the issues the secretary of state has to deal with as it relates to voting.”

You can see Whitley’s resignation letter, and Abbott’s acceptance of it, here. This is what accountability looks like. It wasn’t just that Whitley screwed up, it was that he never owned his screwup or tried to make it right. In that regard, he was not helped at all by Greg Abbott and Dan Patrick, who tried to shenanigan him in rather than help him take responsibility for his actions. It’s arrogance on top of incompetence, and it got what it deserved. Abbott will get to appoint someone else, who one hopes will be good at the job and thus not get humiliated when his or her nomination gets reviewed by the next Senate, and David Whitley can go do something else. This is as it should be.

At least, that should be how it should be. The Lege junkies on Twitter have speculated that since Whitley resigned before sine die, he was not officially rejected by the Senate, since they never voted on his nomination and he left before the end of the session. That means that technically, Abbott could appoint him again. I have no idea if he would do that – I’ll say again, there must be some other Republican ladder-climber out there with decent credentials who could fill this role – but I wouldn’t put it past Abbott, who has already vetoed four Democratic-authored bills, to stick his finger in everyone’s eye. We should know soon if he goes this route.

Kinder Houston Area Survey 2019

It’s one of the best things about Houston, year after year.

As Houston recovered from last week’s punishing rains, Rice University researchers reported Monday that public concern about flooding has diminished, while residents are ambivalent about certain policies aimed at easing the problem.

Researchers compiling the Kinder Houston Area Survey asked residents what they considered Houston’s biggest problem, and the share who named flooding this year fell to 7 percent from 15 percent last year. Only 1 percent cited flooding as the top problem in 2017, before Hurricane Harvey deluged the state with unprecedented amounts of rain.

Typical of human nature, the preoccupation with flooding fell with time, survey author Stephen Klineberg said. In each of the past three years, the most commonly cited top problem facing the Houston area was traffic, a frustration that residents confront daily.

“It is fair to say that the salience, the preoccupation with flooding, has gone down,” Klineberg said, “because it’s been a year and a half since Harvey.”

[…]

The 2019 results generally paint a portrait of an increasingly accepting and liberal place. The local economy is more stable. We are embracing our diversity.

But it also points to pressing problems: Financial insecurity, a failing education system and a shrinking determination to face flooding head-on. “The big story overall is the jury is out on Houston,” Klineberg said. “We understand better than we have before the challenges that we face.”

The city’s future, he says, hinges on the solutions in which area leaders invest.

[…]

Other findings: Support for immigration and gay rights continues to grow. So does the percentage of those who say they are friends with people of different ethnicities.

Klineberg’s big concerns include what he sees as the education system’s failure to prepare students to work. Jobs increasingly require a post-secondary education, he writes, and fewer Harris County residents are achieving this goal.

The survey shows that area residents, especially African American and Hispanic respondents, recognize this need for further education. And unlike in the past, more people than not think schools need more money — something Klineberg says is “a powerful kind of transformation.”

Financial insecurity is another concern. Nearly four in 10 reported that they did not have $400 in savings for an emergency. One-fourth said they did not have health insurance.

The city’s diversity and its challenges with education and jobs are likely to ripple across the country, in Klineberg’s view. “We’re there first,” he said. “We are a model for what is going to happen across all of America.”

The finding that support for various flood mitigation proposals has waned is the topline attention-getter, but it doesn’t surprise me that much. Not because I’m cynical, but because these things are hard to do. No one makes foundational changes without resistance and reluctance and false starts. People are going to be ambivalent and have buyer’s remorse. The best thing to do is to do things that will have the greatest positive impact, and ride it out till people get acclimated to it. That’s just life. As for everything else, there’s a ton to read on the general Houston Area Survey page and the 2019 Houston Area Survey page. Check ’em out.

The SOS voter purge may be over, but Ken Paxton is unaccounted for

Keep an eye on this.

Best mugshot ever

After the judge approved the settlement, the original list of voters was scrapped. Under the agreement, Texas officials now will only flag names of people who have said they’re not citizens after they have registered to vote.

[Joaquin Gonzalez, a voting rights attorney with the Texas Civil Rights Project,] said the settlement requires that he and the other plaintiffs be able to oversee how the state carries out this more limited voter investigation.

“We get numbers of people that have been matched, so that we can tell if there is something that appears to be going wrong in the process,” he said.

[…]

But there’s one issue that wasn’t dealt with: Attorney General Ken Paxton’s plans.

When the original voter removal effort was announced, Paxton – the state’s top prosecutor – said he would “spare no effort in assisting” with those cases.

Because of that, plaintiffs named him in their lawsuits. A federal judge removed him, however, because he doesn’t have the power to actually cancel voter registrations.

Perales said it’s unclear what Paxton will do following the settlement.

“Ken Paxton has said contradictory things about this voter purge that came out of the Texas Secretary of State’s office,” she said.

For example, when lawmakers raised questions about the state’s effort earlier this year, Paxton said he didn’t have the time or resources to go through the list and investigate people.

“At the same time, Ken Paxton’s office has claimed that they are still investigating – or doing some kind of investigation – of registered voters who may be non-U.S. citizens,” Perales said.

Paxton’s Office also has been shielding documents related to the voter-removal effort from public view.

In a letter to media organizations and others, the open records division of his office has said, “the information at issue relates to an open criminal investigation conducted by the [Office of the Attorney General’s] Election Fraud Section of the Criminal Prosecutions Division. Further, the OAG states release of the information at issue would interfere with the pending investigation.”

See here for the background. I was wondering about this myself when the settlement terms were announced. It goes without saying that Ken Paxton cannot be trusted. If he has the opportunity to press forward with any of these cases, on whatever grounds, he will. I strongly suspect that all of the attorneys for the plaintiffs will need to keep their evidence files close at hand, ready to whip out for a new motion when and if Paxton strikes. Do not let him try to make wine from the fruit of the poisoned tree.

On a side note, this story also addresses the question of why the state settled instead of appealing, as they usually do:

Gonzalez said he thinks state officials did that partly because the legal challenge was looming over Whitley’s confirmation as secretary of state. He had only recently been appointed when he announced the voter list. Gonzalez said state officials backed off when Senate Democrats vowed to block his confirmation.

“Their opposition to the nomination, we believe, is [part of what] provided the leverage for the state to be willing to settle this in the first case, because the state doesn’t settle voting rights cases like this,” he said.

Maybe. Doesn’t seem to have helped, but I can see the logic. I still feel like there was more to it than this, but I can believe this was a factor.

Why would any Dem Senator change their mind on Whitley?

I can’t think of a good answer to that, but the man himself is going to try.

Still the only voter ID anyone should need

Acting Secretary of State David Whitley, whose confirmation has been stalled in the Texas Senate after a controversial advisory from his office questioned the citizenship of nearly 100,000 voters, has asked to meet with Senate Democrats following a settlement agreement that rescinded and re-worked the advisory on Friday.

Sen. José Rodriguez, a Democrat from El Paso who leads the chamber’s Democratic caucus, said Whitley asked to meet with the caucus on Tuesday. Rodriguez said he was polling the caucus to see if any member had an objection to Whitley attending the caucus meeting. The caucus meets on a regular basis during the session.

“Obviously, he wants to talk about the settlement agreement,” Rodriguez said. “For me, it doesn’t change anything.”

In a statement, the secretary of state’s office said: “Secretary Whitley welcomes the opportunity to meet with the Texas Senate Democratic Caucus to discuss the settlement agreement and voter registration list maintenance going forward. He looks forward to addressing the concerns of the Caucus and receiving feedback on ways to enhance access to the ballot box in Texas.”

[…]

Advocacy groups are pressuring Senate Democrats to block his confirmation. On Monday, 22 groups including several that participated in the lawsuit against Whitley, sent a letter to the caucus urging them to vote against his confirmation.

“While we are grateful that the legal challenges to Mr. Whitley’s actions have been resolved, the settlement does not let Mr. Whitley off the hook for his decision to target tens of thousands of naturalized Americans for disenfranchisement and wrongful criminal prosecution,” the letter read.

“Texans deserve better than Mr. Whitley. Public service is a privilege, not a right, and there are a number of other qualified people that the Governor can appoint to this position,” the letter read. “We ask you to continue to block Mr. Whitley’s confirmation, so that we as a State can turn the page on the Whitley scandal and continue to have faith in our elections system.”

Several Senators are quoted in the story, all of whom reconfirm their No votes. It would take two Dems to change their minds for Whitley to have a chance, and I just can’t think of any reason for that. Whitley has yet to demonstrate that he understands why people objected so strongly to the purge effort – he has yet to demonstrate that he understands why people called it a “purge” – and on top of that he’s just straight up bad at this job. We’ve seen plenty of SOSes over the years, and none I can think of have been this controversial. Greg Abbott can surely find another crony with less baggage to install for this post.

Also, too:

I’m not opposed to a little horse-trading, but the first horse on offer needs to be one of theirs. The Chron, which quotes some other Senators and suggests that online and/or same day voter registration would be a good horse to swap for Whitley support, has more.

A closer look at how Texas strongly discourages voting

Well, it strongly discourages some people from voting.

Still the only voter ID anyone should need

Julieta Garibay, a native of Mexico City, was brought to Texas by her mother when she was 12. For 26 years, she was told to assimilate and stay quiet so people wouldn’t hear her accent. Last April, she became a citizen and registered to vote.

In January the state flagged her as one of the 95,000 suspected non-citizens registered to vote, on a list that the state’s chief law enforcement officer, Republican Ken Paxton, trumpeted on social media in all caps as a “VOTER FRAUD ALERT.” It took less than a day for local election officials to find glaring errors on the list, noting many people, including Garibay, were naturalized U.S. citizens and were wrongfully included on it.

“They were trying to say a bunch of U.S. citizens had actually committed fraud,” said Garibay, Texas director and co-founder of United We Dream, an Austin-based immigrant rights group. She is also the lead plaintiff in a lawsuit filed by the Mexican American Legal Defense Fund against the state over the list she says illegally targeted herself and other citizens who are foreign born.

“That’s one of the new tactics that they’re using. How do you put fear into people to believe that there is voter fraud happening in Texas and in many other states? How do you make sure you keep them quiet?” she said.

Garibay was one of the speakers at The Summit on Race in America, a three-day symposium hosted by the LBJ Foundation in Austin featuring civil rights icons, leaders, activists, musicians and comedians examining the progress and failures of the past half-century. Among the biggest challenges discussed were state-led efforts to chip away at the Voting Rights Act of 1965 signed by President Lyndon B. Johnson.

The Texas Legislature now is considering a bill that would punish those who vote illegally with up to two years in jail. Even if the illegal vote was a mistake — for example, a felon who didn’t know he was ineligible to vote until his probation ended — the penalty would be the same as for felony charges such as driving drunk with a child in the car or stealing up to $20,000. It wouldn’t matter if the ballot was never counted.

“We don’t really understand the argument about the chilling effect that would have,” said Sen. Bryan Hughes, R-Mineola, who is sponsoring the bill. “We’re trying to thread the needle to make sure folks aren’t cheating while we try to protect the right of every eligible voter.”

The main intention of that bogus SOS advisory was to kick people off the voter rolls, without any real concern about accuracy. That much is clear from everything we have learned about how it proceeded. But that wasn’t the only goal. Threatening prosecutions of people who voted in good faith is all about sending a message to low-propensity voters, the kind that Democrats worked very hard to turn out in 2018 and hope to turn out in greater numbers in 2020. If even a few people who weren’t on that list look at the news and conclude that voting, or registering to vote, is too risky, then mission accomplished. Greg Abbott and Ken Paxton can understand the numbers when they’re explained to them as well. A smaller electorate benefits them. Why wouldn’t they exercise their power to keep it that way? If you think I’m being overly harsh or cynical, please tell me what in the recent history of Texas politics would motivate you to giving them any benefit of the doubt? They’ve been quite clear about their intentions all along. It’s on us to believe them and take them seriously. The Statesman has more.

Settlement officially reached in lawsuits over bogus SOS advisory

Great news.

Still the only voter ID anyone should need

Three months after first questioning the citizenship status of almost 100,000 registered voters, the Texas secretary of state has agreed to end a review of the voter rolls for supposed noncitizens that was flawed from the start.

The deal was announced Friday as part of an agreement to settle three legal challenges brought by more than a dozen naturalized citizens and voting rights groups against the state. The groups alleged that the voter citizenship review, which was launched in late January, was unconstitutional and violated federal protections for voters of color.

Secretary of State David Whitley — who has yet to be confirmed by the Texas Senate amid the fallout over the review — agreed to scrap the lists of registered voters his office had sent to county voter registrars for examination. Whitley’s office will instruct local officials to take no further action on the names of people it had classified as “possible non-U.S citizens,” and county officials will be charged with notifying voters who received letters demanding they prove their citizenship that their registrations are safe.

The state is also on the hook for $450,000 in costs and attorney fees for the plaintiffs’ lawyers.

The agreement must still be approved by the federal judge overseeing the case, and the state will have five days after the judge dismisses the plaintiffs’ legal claims to officially rescind the list. But the settlement amounts to a profound defeat for the state leaders who had defended the review even though it had jeopardized the voting rights of tens of thousands of naturalized citizens.

“Today’s agreement accomplishes our office’s goal of maintaining an accurate list of qualified registered voters while eliminating the impact of any list maintenance activity on naturalized U.S. citizens,” Whitley said in a statement Friday. “I will continue to work with all stakeholders in the election community to ensure this process is conducted in a manner that holds my office accountable and protects the voting rights of eligible Texans.”

See here for the background. I thought at the time that this was a resounding defeat for the state of Texas, and I very much still think that. Honestly, I’m stunned that the state gave up like this instead of taking their chances with the ever-pliable Fifth Circuit. Did they think their case was such a loser that even the Fifth Circuit wouldn’t bail them out? It’s mind-boggling. Anyway, here are the statements from the various plaintiffs in the suit, courtesy of the ACLU’s press release:

“After months of litigation, the state has finally agreed to do what we’ve demanded from the start — a complete withdrawal of the flawed and discriminatory voter purge list, bringing this failed experiment in voter suppression to an end,” said Andre Segura, legal director for the ACLU of Texas. “The right to vote is sacrosanct, and no eligible voter should have to worry about losing that right. We are glad that the state has agreed to give up this misguided effort to eliminate people from the voter rolls, and we will continue to monitor any future voter purge attempt by the state to ensure that no eligible Texan loses their voice in our democracy.”

“Three months after the state released a discriminatory and flawed voter purge list, they have finally agreed to completely withdraw the advisory that risked throwing tens of thousands of potentially eligible voters off the rolls,” said Beth Stevens, voting rights legal director with the Texas Civil Rights Project. “State officials have wasted hundreds of thousands of dollars and struck fear and confusion into thousands of voters in order to pursue their voter suppression agenda. We are glad that this particular effort was stopped in its tracks and we will remain vigilant to ensure that not one single voter loses their right to vote due to the actions of state officials.”

“While we are glad to see this program scrapped, it’s important to remember that the state not only began to disenfranchise tens of thousands of eligible voters, but also threatened them with criminal prosecution,” said Brendan Downes, associate counsel with the Lawyers’ Committee for Civil Rights Under Law’s Voting Rights Project. “Naturalized citizens are, by definition, Americans. It’s time for the state to start treating them that way.”

“Secretary Whitley’s agreement to scrap what the court called a ‘ham-handed’ process and implement these common sense changes will go a long way to protecting eligible naturalized citizens from being improperly purged from the rolls,” said Sophia Lakin, staff attorney with the ACLU’s Voting Rights Project. “We will continue to monitor the secretary and counties to protect eligible Texas voters from discriminatory barriers to the ballot box.”

“This settlement acknowledges that naturalized Americans have full and equal voting rights — they cannot be singled out and purged from the rolls due to their status,” said Chiraag Bains, director of legal strategies at Demos. “The settlement is a victory for our clients and all in Texas who were wrongfully deemed ineligible to vote. The secretary’s actions were reckless and misguided, and we hope that other states will take note and avoid similar unlawful actions.”

“The League regrets that it took a lawsuit to remind our state officials that naturalized citizens have a right to vote and to fully participate in our democracy,” said Grace Chimene, president of the League of Women Voters of Texas. “We are hopeful that new procedures will prevent naturalized citizens from being treated as second class citizens. We will continue to work with the secretary of state, as the chief election officer for Texas, to protect all citizens’ right to vote.”

“When the secretary of state tried to discriminate against eligible voters in a dangerous voter purge, we stood up to challenge this egregious act of voter suppression. Today, we won,” said H. Drew Galloway, executive director of MOVE Texas Civic Fund. “Young naturalized citizens no longer have to worry about this reckless voter purge impacting their constitutional right to vote. We will continue to fight for all young voters across the state.”

The whole thing is also visible at the Texas Civil Rights Project webpage. The Secretary of State – who by the way still needs to be someone other than the deeply incompetent David Whitley – will still conduct reviews of voter rolls to look for non-citizens, it will just need to be done under this new framework. The one remaining question is what will happen with the voters whose names were referred to AG Ken Paxton for possible criminal investigation. We’ll just have to see what Paxton does – I can’t imagine him turning down an opportunity to grandstand, but he may be just smart enough to decline to pursue cases that will be tough to win given the questionableness of the evidence. With him, it could go either way. The Chron, the Dallas Observer, and Slate have more.

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.

Third Census lawsuit ruling against Trump administration

Once, twice, three times an injunction.

A federal judge in Maryland ruled Friday against the government’s addition of a citizenship question to the 2020 Census, The Washington Post reported Friday.

Judge George J. Hazel found that in deciding last year to add the question, the government violated administrative law, according to The Post. The ruling will probably be appealed to the U.S. Supreme Court, as is expected with two similar cases.

The case has Texas connections. Lawyers representing the Mexican American Legislative Caucus, the Senate Hispanic Caucus, and several Texas-based nonprofits that advocate for Latino and Asian residents have appeared before Hazel to make arguments in the case.

The plaintiffs have challenged the inclusion of the citizenship question on several fronts, alleging that it violates the U.S. Constitution’s Equal Protection Clause, the Enumeration Clause and a federal law that governs federal agencies and their decision-making processes.

The Post reported that in his ruling, Hazel wrote, “The unreasonableness of Defendants’ addition of a citizenship question to the Census is underscored by the lack of any genuine need for the citizenship question, the woefully deficient process that led to it, the mysterious and potentially improper political considerations that motivated the decision and the clear pretext offered to the public.”

See here and here for the previous rulings, and here for more on this case. All three rulings focused on statutory issues, with constitutional issues either not being part of the case (as with the first lawsuit) or not getting the same favorable treatment. That may bode well for the forthcoming appeal to SCOTUS, as the questions are much more narrowly defined. Here’s hoping. Daily Kos has more.

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.

Three reasons our State Senate still sucks

One:

The Texas Senate approved in a preliminary vote Monday its first major anti-abortion bill of the session — a measure that would prohibit state and local governments from partnering with agencies that perform abortions, even if they contract for services not related to the procedure.

“I think taxpayers’ dollars should not be used for abortion facilities or their affiliates,” said state Sen. Donna Campbell, who authored the legislation.

Senate Bill 22 passed in the initial vote 20 to 11 with Democratic state Sen. Eddie Lucio of Brownsville bucking his party to support the bill. Lucio is the author of another anti-abortion bill, which would ensure abortion providers physically hand a controversial pamphlet detailing alternatives to abortion to women seeking the procedure. (In a final vote Tuesday, the Senate passed the bill 20 to 11, with Lucio again supporting the measure.)

Anti-abortion advocates support the measure in part because it would terminate “sweetheart rent deals,” which is just one of the ways local governments partner with abortion providers. Campbell, a New Braunfels Republican, has singled out one key target during the bill’s hearing: Planned Parenthood’s $1-per-year rental agreement with the city of Austin.

[…]

Meanwhile, abortion rights advocates rail against the bill as an attack on local control. The bill would “tie the hands of cities and counties,” according to Yvonne Gutierrez, executive director for Planned Parenthood Texas Votes. She also worried that the language of SB 22, which would limit “transactions” between the government and abortion providers, is too broad and would target more than just the downtown Austin rental deal.

Seems to me the taxpayers of Austin are perfectly capable of handling this for themselves, but by now we are well aware of the contempt in which legislative Republicans hold cities.

Two:

After emotional testimony, a forceful show of opposition from leaders in the state’s business community and more than an hour of floor debate, the Texas Senate on Tuesday gave preliminary approval to a sweeping religious refusals bill, a priority proposal for Lt. Gov. Dan Patrick that LGTBQ advocates have called a “license to discriminate.”

The measure, Lubbock Republican Charles Perry’s Senate Bill 17, would allow occupational license holders like social workers or lawyers to cite “sincerely held religious beliefs” when their licenses are at risk due to professional behavior or speech. It would also prevent licensing boards from enacting regulations that burden “an applicant’s or license holder’s free exercise of religion.” The bill does not protect police officers, first responders or doctors who refuse to provide life-saving care.

After a heated debate, the measure passed on a 19–12 initial vote, with one Democrat, Sen. Eddie Lucio, voting for it, and one Republican, Sen. Kel Seliger, voting against. It requires one more vote in the Senate before it can be sent to the Texas House for debate.

Perry said the bill provides a defense for licensed professionals who find themselves before credentialing boards based on conduct or speech motivated by their “sincerely held religious beliefs” — a pre-emptive protection for religious employees at a time when, he claimed, religion is under attack.

But LGBTQ advocates and Democrats have criticized the bill as an attempt to give cover to those who would deny critical services to members of the LGBTQ community. Last week, leaders from major businesses like Amazon, Facebook and Google, as well as tourism officials from some of the state’s biggest cities, came out in force against the bill. Discriminating against LGBTQ communities is bad for business, they said.

See here for some background. Of course this targets the LGBT community – that’s one of the modern Republican Party’s reasons for being. Well, them and the getting-rarer-but-not-extinct-yet travesty like Eddie Lucio. Good Lord, that man needs to go. More from the Observer.

And three, not a story but a resolution: “Declaring the crisis at the Texas -Mexico International Border an emergency and requesting congress to adopt a budget that fully funds all means necessary to fully secure the Texas-Mexico international border.” Well, guys, be careful what you wish for.

UPDATE: Here’s the Trib story about the “border crisis” resolution. It was exactly as big a waste of time as it sounds.

LULAC settles its SOS lawsuit

Good news.

Still the only voter ID anyone should need

The state of Texas is ending a program to purge voters it claimed were noncitizens in order to settle lawsuits brought by civil rights groups over the plan.

The deal was reached following a meeting Monday in San Antonio between acting Secretary of State David Whitley and the League of United Latin American Citizens, the American Civil Liberties Union, the Mexican American Legal Defense and Educational Fund and other plaintiffs.

The groups brought three separate lawsuits — filed in San Antonio, Corpus Christi and Galveston — alleging the program illegally targeted immigrant voters and resulted in voter intimidation. The suits were consolidated into one in San Antonio with the lead case, which was filed by LULAC and Washington, D.C.-based Campaign Legal Center.

As part of the deal, Whitley and his staff will tell county voter registrars and local election administrators to take no further action on any data files the state had sent them in late January, but may start a new program that won’t demand voters prove their U.S. citizenship.

[…]

As part of the settlement, the state will scrap the data it used for the first program and begin a new one that, “to the best of its ability, assures that all United States citizens not be affected with the undue burden of having to prove their citizenship,” according to LULAC.

The state will also work with LULAC and the other plaintiffs groups on the plan by sharing the methodology and data used.

The process will enable the state to remove voters who shouldn’t be on the rolls, while being the least disruptive to those who are U.S. citizens, LULAC said.

“It’s not going to be perfect, but it’s nowhere near the disaster of the first one,” said Luis Vera, LULAC’s national legal counsel. “It allows us to have some input in the process.”

See here, here, here, and here for the background. As noted, both of the other two lawsuits were joined with this one, so what happens here is going to be the final word. I Am Not A Lawyer, and I was not able to find a copy of the settlement, but this sure looks like a big win for the plaintiffs. Honestly, just the fact that the state is settling and not taking its chances with the Fifth Circuit tells you something. Kudos to the plaintiffs for forcing some accountability into this mess.

UPDATE: It’s not fully done, but it’s close.

A deal was about “99 percent” done Monday, after Secretary of State David Whitley met in San Antonio with members of the League of United Latin American Citizens, the American Civil Liberties Union, the Mexican American Legal Defense and Educational Fund and other plaintiffs, said Luis Vera, LULAC’s national legal counsel.

As part of the tentative agreement discussed Monday, the state would scrap the data it used for the first voter purge program and begin a new one that, “to the best of its ability, assures that all United States citizens not be affected with the undue burden of having to prove their citizenship,” according to LULAC.

“It’s not going to be perfect, but it’s nowhere near the disaster of the first one,” Vera said. “It allows us to have some input in the process.”

The parties were to return to the table Tuesday to hammer out additional terms before taking the final deal to a judge for review.

Sam Taylor, communications director for the secretary of state, said that while there is no official settlement yet, progress was made Monday.

“We are encouraged by the positive and constructive progress we have made with the plaintiffs, and we remain committed to our goal of maintaining accurate voter rolls while eliminating the impact of any list maintenance activity on eligible Texas voters,” Taylor said.

Stay tuned.

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.

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.

A second win for plaintiffs in Census citizenship question lawsuit

It’s all up to SCOTUS now.

Commerce Secretary Wilbur Ross acted in “bad faith,” broke several laws and violated the constitutional underpinning of representative democracy when he added a citizenship question to the 2020 Census, a federal judge ruled Wednesday.

In finding a breach of the Constitution’s enumeration clause, which requires a census every 10 years to determine each state’s representation in Congress, the 126-page ruling by U.S. District Judge Richard Seeborg in San Francisco went further than a similar decision on Jan. 15 by Judge Jesse Furman in New York.

The Supreme Court has already agreed to review Furman’s narrower decision, with arguments set for April 23, but may now need to expand its inquiry to constitutional dimensions.

[…]

Unable to find any expert in the Census Bureau who approved of his plan to add the citizenship question, Seeborg wrote, Ross engaged in a “cynical search to find some reason, any reason” to justify the decision.

He was fully aware that the question would produce a census undercount, particularly among Latinos, the judge said.

That would have probably reduced the representation in Congress — and thus in the electoral college that decides the presidency — of states with significant immigrant populations, notably California.

Because census data is used to apportion distribution of federal funds, an undercount would also have cheated these same jurisdictions, the judge said.

Seeborg, like Furman, found after a trial that Ross misrepresented both to the public and Congress his reasons for adding the citizenship question last March. Ross claimed he was acting at the request of the Justice Department in the interest of enforcing the Voting Rights Act.

In reality, the “evidence establishes” that the voting rights explanation was just “a pretext” and that Ross “acted in bad faith” when he claimed otherwise.

See here for the background. A copy of the ruling is embedded in this Mother Jones story. I don’t have much to add to this other than it’s a big honking deal and would have a negative effect on Texas just as it would on states like New York and California that filed the lawsuits against it. You wouldn’t know that from the words and actions of our state leaders, though. USA Today and NPR have more.

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.

Senate committee advances Whitley nomination

I’ll take Pointless Wastes of Time for $200, Alex.

Still the only voter ID anyone should need

A Texas Senate committee voted Thursday to advance the nomination of Texas Secretary of State David Whitley — the most forward motion he’s made in weeks in a stalled nomination that faces increasingly steep odds.

After a 4–3 vote along party lines, with all the committee’s Republicans backing Whitley and all Democrats voting against him, Whitley can be considered by the full Senate, where he’d need a two-thirds majority that he doesn’t appear to currently have.

[…]

Whitley, who appeared before the committee three weeks ago for a two-hour grilling over the bungled review effort, had been left pending in committee in its last two hearings even as other nominees sailed through. That seemed to bode poorly for his chances. The governor’s office has continued to back him “100 percent.”

And Gov. Greg Abbott said in a radio interview Thursday morning that he “wouldn’t be surprised” if Democrats change their minds on Whitley.

“We’ve had ongoing conversations with them and we maintain good relationship with them. And so we’ll see how things turn out,” Abbott told Lubbock radio host Chad Hasty. And he defended Whitley’s handling of the bungled probe, saying “secretary of state was relying on data from the Texas Department of Public Safety that was admittedly flawed by DPS, and DPS did not adequately communicate that to the secretary of state.”

“So the secretary of state was hamstrung by faulty information from the Department of Public Safety from the beginning and did not know that, and so the part of the fault goes to Steve McCraw, the director of the Department of Public Safety for causing the error in the first place,” Abbott said.

Don’t forget to blame the counties, too. There’s lots of room under that bus. I understand why Abbott is loyal to his former minion, but there’s gotta be some other party apparatchik with less baggage and more competence who can do this job. I have no idea who Abbott thinks is being wooed here, but in the absence of a real, genuine mea culpa plus a solid plan to get this right and a pledge to oppose any fruit of the poisoned tree bills, I see no reason why any Democratic Senator would give a damn.

UPDATE: Ross Ramsey suggests a way that Whitley could get confirmed: Not having all Senators present at the time his nomination is brought up for a vote, as two thirds of those who do vote are what is needed for confirmation. David Dewhurst tried this trick to pass the voter ID bill a couple of times in 2007, before the two thirds rule was changed to allow voter ID to pass on a simple majority. It’s definitely something to watch out for.