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Kris Kobach

So where do we stand with handing over voter info to the Trump commission?

The DMN asks the question.

Still the only voter ID anyone should need

Have state officials turned over Texas voter information to the federal government?

In short, not yet.

A lawsuit by the Texas NAACP and the Texas League of Women Voters has halted the state’s release of that information to the commission after a Travis County district judge granted the groups a temporary restraining order in October. But the state has taken its case to an appeals court, arguing the lower court has no jurisdiction.

The appeals court has given no timeline on when it will rule on the matter, but until then no voter information will be shared with the fraud commission, which agreed in September to halt its request until the jurisdiction question was resolved.

[…]

Justin Levitt, an election law professor at Loyola Law School in Los Angeles, said it is unclear whether the commission is subject to the Federal Advisory Committee Act, so Texas should think twice about handing over its voter roll information. But if it’s not subject to that law, the commission may be under other constraints about what information it can request and how it can do so.

“That’s what the federal lawsuits are about. It’s an open question,” said Levitt, who oversaw voting rights battles for the Department of Justice under President Barack Obama.

Until those questions are resolved, Levitt said, there is nothing obligating Texas to turn over the information.

“This is just a request,” he said. “There’s nothing in Texas state law and nothing in federal law that I’m aware of that would force Texas to give the data over.”

See here, here, and here for the background. The lawsuit from which the injunction came was filed in state court, but as noted later in the piece there were federal lawsuits filed as well. And just as I was prepping to queue this post up for publication, this happened.

President Trump signed an executive order late Wednesday disbanding his own election integrity commission after less than eight months, saying he didn’t want to waste taxpayer money fighting with state governments over their voter data.

But the co-chairman of the panel, Kansas Secretary of State Kris Kobach, said the investigation into alleged voter fraud would continue — and could pick up speed without the formalities of a commission.

Trump said the commission’s work will now go to the Department of Homeland Security.

“Despite substantial evidence of voter fraud, many states have refused to provide the Presidential Advisory Commission on Election Integrity with basic information relevant to its inquiry,” Trump said in a statement through his press secretary. “Rather than engage in endless legal battles at taxpayer expense, today I signed an executive order to dissolve the commission, and have asked the Department of Homeland Security to review these issues and determine next courses of action,” Trump said.

Good riddance, I say, though it sounds like we’re not quite out of the woods yet. Keep up the good fight against this travesty. Think Progress, Daily Kos, and Mother Jones have more.

SOS halted from handing over voter info

Good.

Still the only voter ID anyone should need

A Texas district judge has issued a temporary restraining order preventing Texas Secretary of State Rolando Pablos from handing voter information to President Donald Trump’s voter fraud investigation commission.

The order, which came out Tuesday, adds Texas to a growing list of states not complying with the president’s investigation into the 2016 elections, which Trump says suffered from large-scale voter fraud.

Judge Tim Sulak of the Austin-based 353rd Texas Civil District Court issued the order in response to a lawsuit filed July 20 by the League of Women Voters of Texas, its former president Ruthann Geer and the Texas NAACP against Pablos and Keith Ingram, the Texas Elections Division director in the the secretary of state’s office. The lawsuit seeks to stop the state from handing over voter data from the state’s computerized voter registration files to the Presidential Advisory Commission on Election Integrity. The suit argues that doing so would reveal voters’ personal information, “which may be used to solicit, harass, or otherwise infringe upon the privacy of Texas voters.”

[…]

The League’s current president, Elaine Wiant, said the organization is especially concerned that releasing the data could make millions of voters’ personal information public, making it vulnerable to commercial use. Texas law forbids public voter information from being used commercially, but with the presidential commission, Wiant said “there is no guarantee how it will get used.” Wiant also said the League is concerned that releasing the data would make voters’ birthdates public.

“In today’s world, that is just way too much information to be made available to the public,” Wiant said. “There are serious security concerns.”

The order, which expires Oct. 17 or with further order from the court, says that handing over voter information could cause “irreparable” injury. Without “appropriate safeguards,” the order argues, the data is likely to become public, potentially violating voters’ privacy rights, their interests in “avoiding commercial solicitation, chilling of their First Amendment rights, and the diminution of their efforts to encourage voting.”

See here and here for the background. There will be a hearing on the 16th, at which time this will presumably be extended or rescinded. In the meantime, the Trump commission has other legal problems to worry about. Let’s hope this is the end of it in Texas.

Lawsuit filed over giving voter data to bogus Trump commission

I missed this last week.

Still the only voter ID anyone should need

The League of Women Voters of Texas and the Texas NAACP said Thursday they have sued Texas Secretary of State Rolando Pablos over plans to release voter information to President Donald Trump’s election commission.

Texas law requires that safeguards be met to ensure such data isn’t used improperly, the groups said, and they must be followed before any data is sent to the Presidential Advisory Commission on Voter Integrity.

“The Secretary of State should strictly follow state law if he releases any voter information to the Commission,” Elaine Wiant, president of the League of Women Voters of Texas, said in a news release. “Releasing personal information could result in identity theft, causing great harm to Texas voters. Further, we fear that the Commission’s goal is voter suppression, not voter participation.”

See here for the background. This is separate from the open records request made by the ACLU of Texas. The suit was filed in state court in Travis County, and it alleges that the request violates Texas election statutes. . You can see the complaint here – it’s a bit dense for me, so I’ll leave it to the lawyers to offer an opinion. It’s fine by me if these plaintiffs succeed in getting an injunction, and as noted by the Brennan Center, Texas is not the only state where such a lawsuit has been filed. We’ll see how it goes – among other things, I’ll be very interested to see how the state responds to this. How hard will they fight for this if a judge puts a halt to it? It’s not clear to me that it’s in the Republican leadership’s best political interests to go balls to the wall on this one.

ACLU seeks information about state’s compliance with Trump election commission

From the inbox:

Today the ACLU of Texas filed an open records request with the Texas Secretary of State seeking documentation related to the State’s compliance with the federal Election Integrity Commission, which had asked states to submit voters’ full names, the last four digits of their social security numbers, their voting histories and information regarding felony convictions. The ACLU’s request seeks all communications between the Texas Secretary of State and the Election Integrity Commission, including records relating to the “views and recommendations” Texas submitted at the Commission’s request.

“The true threat to electoral integrity is voter suppression, not voter fraud,” said Edgar Saldivar, senior staff attorney at the ACLU of Texas. “This nonsense of voter fraud is a lie peddled by politicians complicit in a corrupt scheme to rig elections by keeping minority and low-income Americans away from the polls. We are demanding this information of state officials to ensure they are doing everything they can to advance the right to vote, not threaten it.”

The ACLU of Texas’s request comes days after the ACLU national office sued the Trump administration over the Commission’s failure to comply with the Federal Advisory Committee Act, a law that guarantees transparency and public accountability of advisory committees.

“The President’s Election Integrity Commission is a voter suppression machine, pure and simple” said Terri Burke, executive director of the ACLU of Texas. “It threatens our right to privacy, endangers the foundations of our democracy, and its mission is based on a lie. No wonder it conducts its business behind closed doors.”

The Commission’s vice chairman Kris Kobach, who requested the sensitive voter information, was recently fined $1,000 by a federal magistrate judge in a voting-related lawsuit for “deceptive conduct and lack of candor.” The judge said that Kobach and his legal team had “made patently misleading representations to the court.”

The ACLU of Texas is not requesting any information related to private voter information or voter roll data.

See here for a copy of the open records request, and here for a copy of the ACLU’s lawsuit against the Trump Commission, which is one of seven that have been filed so far around the country. This phony commission is all about suppressing the vote. It needs to be resisted on every front.

Not many states are honoring that “give us your voter data” request

Glad to hear it.

Still the only voter ID anyone should need

Forty-four states and the District of Columbia have refused to provide certain types of voter information to the Trump administration’s election integrity commission, according to a CNN inquiry to all 50 states.

State leaders and voting boards across the country have responded to the letter with varying degrees of cooperation — from altogether rejecting the request to expressing eagerness to supply information that is public.

[…]

But the commission, which is chaired by Vice President Mike Pence, seemed to misunderstand voter privacy laws nationwide. Every state that responded to the commission’s letter said it could not provide Social Security numbers, for example. Others said they consider information such as birth dates and party affiliations to be private.

What’s more, Kobach asked states to supply the information through an online portal. Many states have rejected this specific request, noting that the commission should file a voter information request through established state websites, as any other party would.

As of Tuesday afternoon, two states — Florida and Nebraska — are still reviewing the commission’s request. Another two states — Hawaii and New Jersey — have not returned CNN’s request for comment. And while six states are still awaiting a letter from the commission, four of them — New Mexico, Michigan, South Carolina and West Virginia — have already pledged not to provide voters’ private information. The other two of those six states, Arkansas and Illinois, have not released statements ahead of receiving the letter.

Just three states — Colorado, Missouri and Tennessee — commended Kobach’s attempt to investigate voter fraud in their respective statements.

See here for the background. You can see a list of how each state responded at the bottom of the article. In the meantime, the DMN has the details about how Texas will respond.

Texas will release voters’ full names, addresses, dates of birth, voter history dating back to 2006 and a person’s voting status, according to the list that the office provided to The Dallas Morning News. Officials said the federal commission’s request is being treated as a public records request.

The secretary of state’s list did not quell concerns about how the information will be used. Justin Levitt, an election expert at Loyola Law School in Los Angeles, said the information is protected against commercial use by state law.

But it will be publicly available once the state hands it over to the commission, which could lead to people sidestepping Texas law to gain access to voter information for commercial gains.

“If I’m someone that can really use this data to sell you something, I may not be able to get it from Texas, but I can turn around and go to the federal commission and get it from them,” Levitt said.

[…]

Levitt said Texas could deny the request on the grounds that the commission is violating federal laws, including the Privacy Act of 1974. Under that law, the federal government has to inform Congress that it is collecting information on individuals and explain why. It would also need to tell the public it was collecting the information and lay out guidelines for protecting it.

The law rarely allows for such information collection with few exceptions, Levitt said.

“Some of the information that Kobach has requested and the secretary of state has said he would release, like voter history and political party, seems squarely in the prohibitions the federal government isn’t supposed to collect,” Levitt said.

“There is absolutely no connection between political party and whether you can vote or not,” he added. “I cannot see a legitimate reason why they want it.”

Sounds like an opportunity for a lawsuit to me. If Mississippi can tell the Trump commission to go jump in the Gulf of Mexico, I don’t see why Texas ought to be handing this data over without at least a cursory inquiry as to who will have access to it and how it will be safeguarded. And if you find yourself getting more junk mail afterwards, you will know who to thank for it. Slate has more.

Texas will turn over some voter info to Trump vote “fraud” commission

I have three things to say about this:

Still the only voter ID anyone should need

Texas will hand over personal information of the state’s more than 15 million voters to President Donald Trump’s commission that is looking into voter fraud.

Secretary of State Rolando Pablos said his office will share any publicly available information with Trump’s commission as requested, including the names, addresses, dates of birth and political party affiliations. But the state will not be sharing partial social security numbers as Trump’s commission asked for because that information is not part of Texas’ voter rolls.

“The Secretary of State’s office will provide the Election Integrity Commission with public information and will protect the private information of Texas citizens while working to maintain the security and integrity of our state’s elections system,” Pablos said. “As always, my office will continue to exercise the utmost care whenever sensitive voter information is required to be released by state or federal law.”

Pablos’ comments come as governors in some states have flat out refused a request by the commission this week to hand over data.

[…]

The White House on Friday responded by questioning why states would refuse to hand over the information to the commission.

“I think that’s mostly a political stunt,” White House spokeswoman Sarah Huckabee Sanders told reporters in Washington.

Using an executive order, Trump on May 11 created his commission to go after what he has told Republicans was 3 million to 5 million illegal votes cast in the 2016 election — a claim that has not been verifiable.

1. Let’s be very clear that Kris Kobach is an extreme partisan hack whose primary interest is in making it harder/impossible for as many people to vote as he can. He has a long track record of doing this, along with a long track record of being extremely anti-immigrant. Other members of this travesty have similar track records. This is a star chamber whose existence is owed to a giant lie about “illegal” votes. The whole point of this exercise is to purge people off of state voter rolls, just as the Dubya Bush-era Justice Department tried to do, featuring some of the same cast of deplorables as today. There is zero legitimacy to any of this. It is all malevolent.

2. As the Texas Election Law Blog notes, the state of Texas is legally prohibited from supplying confidential information (which includes Social Security numbers and Texas drivers license numbers) to the commission. Which is nice, but it’s hardly a guarantee. For example, as Sondra Haltom reminds us:

You should know that a bill was proposed this past session (HB 3422 by Laubenberg and Fallon) that would have allowed the TX SOS to provide voters’ Social Security numbers to Kobach as part of his Kansas Interstate Voter Crosscheck (read: flawed, illegal voter purge) program. Luckily it died, but not before it got out of the House Elections Committee. Just FYI. Sleep well.

And as Glen Maxey reminds us, it could be even worse:

Two sessions ago, the Republicans passed “Crosscheck” through the Texas legislature. This was a program to send all our voter data to the state of Kansas who ran a program to cross check it to other participating states to find “duplicates”. I fought it vigorously, but it passed. That program is run by Mr. Kobach, Kansas Sec. of State.

Our SOS didn’t implement the program because there was another statute in the Government code that prohibited sending dates of birth and social security and driver’s license numbers to others.

Maxey appears to be referring to SB 795 from 2015. I’m not enough of an expert to tell you the difference between these bills. What I can tell you is that there’s nothing stopping Greg Abbott from adding an item to require compliance to this sham commission to the special session agenda.

3. Remember when Texas leaders would file a lawsuit rather than comply with anything the federal government wanted them to do? Boy, those were the days. Can you even imagine the reaction from Abbott and Patrick and Paxton if the Obama administration or (sigh) a Clinton administration had tried this? Daily Kos, the WaPo, the Trib, the NYT, NPR, and Rick Hasen have more.