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Secretary of State

It’s not an apology that’s needed

This may make for good rhetoric, but it’s not what the goal should be.

Still the only voter ID anyone should need

Congressmen Joaquin Castro and Lloyd Doggett on Friday demanded Gov. Greg Abbott apologize to Texas voters for attempting to purge as many as 95,000 people from Texas voter rolls and said Congress should sue for state records that could show how the plan unfolded if state officials continue to stonewall.

The Texas Democrats said Congress should use every tool at its disposal to investigate the purge they said would have suppressed Latino voter turnout in hopes it will prevent a repeat before the 2020 elections.

“I want them to really put the screws on the governor’s office that it looks like has coordinated an attack on our democracy,” said Castro of San Antonio. “It’s important that we make sure this doesn’t happen again, because if they feel like they got away or they got away with it, then I think they’ll do it again.”

[…]

Castro said he expects the congressional committee to request documents from Texas state lawmakers who may have received some relevant records and signed non-disclosure agreements. After exhausting those and other options, he said he would urge the committee to take Texas to court for records.

“If they have nothing to hide, why wouldn’t they turn those documents over? If we don’t get it, then we should sue,” Castro said.

Doggett, whose district stretches from San Antonio to Austin, said “no tools will be off the table. We’re going to take whatever steps are necessary.”

[…]

Agencies have largely declined to release internal communications that could show how the attempted voter purge was conceived or how the error-ridden list of suspected non-citizens was vetted before its release. In declining to release its own emails, the governor’s office has cited broad exemptions, including attorney client privilege and deliberative process.

Joe Larsen, a first amendment attorney with Houston-based Gregor Cassidy, PLLC, said the governor’s office should have to provide those answers.

“There’s a vital public interest in the disclosure of this information,” he said.

The state also has not released the list of more than 95,000 registered voters that were flagged as potential non-citizens.

That’s a departure from 2012, when the state made public the records used to create an erroneous list of dead people it tried to purge from the voter rolls. Then, the Houston Chronicle found the state had mistakenly matched living voters with deceased strangers from across the country.

See here for some background. I’m mostly interested in the “urge the committee to take Texas to court for records”, because I think the only way to get these records is going to be via court order. There’s just no way Abbott et al will give them up voluntarily. They don’t think they need to, and they don’t see themselves as being answerable to Democratic politicians. Taking this to the courts, and voting these unaccountable princelings out of office at the next opportunity are the answers.

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.

“Laggards”

You can do something about that, you know.

Best mugshot ever

The Maryland congressman leading an investigation into the error-filled effort to purge suspected noncitizens from Texas voter rolls referred to Texas officials as “laggards” who are taking a “minimalist approach” to satisfying demands on Capitol Hill for emails that could show the origin and motivation for the program.

Jamie Raskin, a Democrat who chairs the Oversight Subcommittee on Civil Rights and Civil Liberties, says his panel will continue to aggressively press Texas for documents despite the resignation last week of Secretary of State David Whitley after scrutiny of the botched effort. Whitley’s five-month tenure in the job ended after state Senate Democrats blocked his appointment.

Raskin said that Georgia, another state under investigation, has sent hundreds of thousands of pages of materials to Washington. But Texas, he said, is cooperating “minimally” and treating the congressional demand as “some kind of unlawful imposition.”

“We’re going to continue to press for meaningful disclosure,” he said. “The sudden departure of the Texas secretary of state only makes us that much more determined to get all the information we sought.”

[…]

A spokesman for the Texas secretary of state’s office said 3,600 pages have been turned over to the panel. In a letter to Raskin and Cummings on May 29, Adam Bitter, the office general counsel, wrote that barring a ruling from Paxton “we do not anticipate producing additional documents in response to your request.”

Raskin observed that his panel has subpoena power, albeit not yet invoked. The back-and-forth suggests an impasse that could wind up in the courts – a likely destination of other disputes simmering at present between Congress and the White House.

See here, here, and here for the background. I mean, this is one of those times where I do believe what Paxton’s office has to say. The only way the committee, and by extension the public, is going to get any more information out of them is by forcing them to cough it up. That starts with a subpoena, and ends with a court order. Seems to me there’s no reason not to get that process started now.

Whitley lands on his feet

Were you surprised?

Still the only voter ID anyone should need

Former acting Secretary of State David Whitley, who resigned Monday after failing to be confirmed by senators following his botched oversight of an investigation that questioned the citizenship of nearly 100,000 voters in Texas, has landed back at Gov. Greg Abbott’s office where he will return to a $205,000 annual salary.

After an Abbott full-court press to get Whitley confirmed failed, Whitley resigned as secretary of state on the final day of the legislative session, giving up his $197,415 salary – a decrease from his previous position at the governor’s office but a 49% pay raise over the last secretary of state, according to the Austin American-Statesman.

On Tuesday, Whitley ended his tenure at the secretary of state’s office through a direct transfer to the governor’s office, the state comptroller’s office – which cuts state employee’s checks – confirmed. He will return to the same salary he previously made as a deputy chief of staff in 2018 but will now be designated a special advisor to Abbott.

“David Whitley has been an exemplary public servant to the state of Texas for many years and the Governor is proud to welcome him back to our organization as a Special Advisor,” said John Wittman, an Abbott spokesman.

Advocacy groups who opposed Whitley’s confirmation as secretary of state, immediately denounced his return to the governor’s office.

“Whitley was caught suppressing the right to vote, settled with nearly $500,000 of taxpayer money in court, and fired by Texas Democrats, only to be promoted by Republicans only to be rewarded with even more taxpayer money,” said Sam Robles, advocacy director for Progress Texas. “Whitley’s position in the governor’s office clearly demonstrates Abbott’s priorities.”

The Texas Democratic Party excoriated the move.

“Once again, Republican Greg Abbott shows us he could care less what Texans think. While folks are working hard trying to make ends meet, Abbott is giving his incompetent friends millions on the taxpayer’s dime,” said Manny Garcia, the party’s executive director. “In the Abbott Administration, being incompetent and malicious gets you a cushy new gig with a fancy job title. In the rest of the world, it gets you fired.”

I don’t know about exemplary, but David Whitley is certainly an exemplar of the Abbott administration. At least this should end the speculation that Abbott would just turn around and re-appoint Whitley. There are plenty of other hacks Abbott can tap, and so now he will. What else did you expect?

Will the next SOS be any better than David Whitley?

Anything is possible, but don’t count on it.

Still the only voter ID anyone should need

Voting rights advocates are celebrating Whitley’s forced departure, but said they have no illusions that his successor will be any more committed to upholding voting rights for all Texans.

“There is certainly every reason to believe that these types of voter suppression tactics will continue with the next nominee,” Anthony Gutierrez, executive director of the government watchdog group Common Cause Texas, told ThinkProgress.

Glen Maxey, legislative affairs director for the Texas Democratic Party, told ThinkProgress that Whitley had promised Democratic and Republican officials shortly after assuming office in January that he would run a fair election system.

Within weeks, however, Whitley drew up a list of nearly 100,000 people he wrongfully identified as non-citizens, saying they had to be deleted from voter rolls. Most, as it turns out, actually were U.S. citizens, and a federal judge blocked his plan to expunge the names.

Abbott — who himself has a long history of pushing voter suppression efforts — will now get to pick someone to replace Whitley as the state’s chief election official, a critically important position looking ahead to 2020.

Gutierrez said he was not overly optimistic that a change in personnel will lead to the end of Republican voter suppression efforts.

“Texas has a long history of using systemic obstacles to limit participation,” Gutierrez said. “I have no question that we’ll keep seeing a variety of voter suppression tactics until we have a greater number of legislators and statewide elected officials who want to see more Texans voting and participating in our democracy.”

[…]

Maxey said he believes the massive voter purge attempted by Whitley was probably the brainchild of Gov. Abbott or Attorney General Ken Paxton, and suspects that Whitley simply was carrying out orders.

“He did not come up with this plan on his own. He wasn’t even in office long enough to come up with it,” he said. “Either he was boldface lying to us or it was something that happened that was cast with his signature or his name attached.”

I think that’s probably right. At the very least, I think if Whitley had done all this on his own, and screwed it up in such spectacular fashion, he wouldn’t have Abbott and all the rest of the DPS-blaming enablers backing him. Ken Paxton surely had a hand in it as well. The best case scenario here is Abbott appoints someone competent and conscientious who actually does care about the integrity of the data, which leads them to stay away from hair-brained schemes to “cleanse” the voter rolls via noisy data and weak matches. The worst case scenario is that Abbott appoints someone who is competent at carrying out such a scheme. Either way, we can’t afford to ease up on vigilance.

On a related note, the Trib has a deep dive into how things went down in the Senate in the latter days as Abbott tried to get Whitley confirmed.

The pressure on the Democrats intensified as the legislative session pressed on. Some senators had received calls from business associates, clients and donors, who had apparently been nudged by the governor’s office to encourage them to back Whitley, and they were facing veto threats, said Sen. Borris Miles, a Houston Democrat who did not receive such overtures but said he heard from his colleagues about them.

But with the i’s dotted and the t’s soon to be crossed on Abbott’s top legislative priorities, his office made a final, last-minute push to sway Senate Democrats in the final days of the legislative session, multiple sources said.

And some Democrats whom Abbott hoped to turn were brought in individually. State Sen. Judith Zaffirini, D-Laredo, was called to Abbott’s office on Saturday, where the governor asked her, in a one-on-one meeting, to support his nominee.

“He said he would like for me to vote for David, and I said that I couldn’t — I wished I could, but I couldn’t,” Zaffirini said in an interview this week. “I like David … and he’s a good person. But he made a terrible mistake.”

On Monday, two of her bills were vetoed — one to increase transparency at the State Commission on Judicial Conduct and one to allow for specialized courts for guardianship cases. Both had passed both chambers with near-unanimous support and were championed by Republican sponsors in the House.

“I was surprised to see them vetoed, and I was surprised to see the veto so early,” Zaffirini said, and she “disagreed” with the reasoning Abbott gave.

[…]

Miles, who said he wasn’t facing threats of vetoes, said tit-for-tat menacing would seem out of character for Abbott — a governor the Democrats say is generally professional. But he confirmed that some of his colleagues had clearly been targeted with pressure.

“Yes, there were runs at individual members, and we had to secure them and let them know this was not something we could go on without,” Miles said. “There were some threats of vetoing bills.”

On Sunday evening, the day before the Legislature had to gavel out, [Sen. Jose] Rodríguez said the Senate GOP Caucus Chair, Paul Bettencourt, came by to test the waters.

“At one point, he came over and said, ‘Would y’all be okay with the lieutenant governor calling up Whitley to take an up and down vote? He doesn’t want any questions or speeches. We know you have him blocked, but the governor wants a vote on it,’” Rodríguez recalled.

Rodríguez told Bettencourt that if a vote were called, he and other Democrats were prepared with “pages and pages” of questions, enough to delay for hours — effectively killing the bills still sitting vulnerable on the calendar on the last day the Senate could approve legislation.

Ultimately, no vote was called.

It’s worth reading. I know Abbott really likes Whitley and all, but I continue to be amazed that no one ever thought to advise him to take responsibility, admit his errors, apologize, and promise to do better. Did they not think it was necessary, did they think that some combination of sweet talk and veto threats would be enough, did they have some other strategy in mind? I wish I knew.

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.

One simple thing the Republicans could do to maybe get David Whitley confirmed

This is a long story about how Democratic Senators are being very careful to either be in attendance at all times or get a commitment that there won’t be a vote on Secretary of State David Whitley in the event they have to be absent. This is because it takes a two-thirds vote of the Senators who are present for him to be confirmed. With a 19-12 split in the Senate and all Dems committed to opposing Whitley, one Dem could be missing and preserve the margin, but if two are out then the Republicans could bring it up and push it through. Dems have not given them that opportunity, and want to keep it that way in the waning days.

Which got me to thinking there might be a shananigan-free way to resolve this that doesn’t put Dems like Sen. Menendez (who will miss his son’s fifth-grade graduation to maintain numbers) in a spot. I for one would be willing to let Dems vote for David Whitley if Ken Paxton fully cooperates with the House Oversight Committee, and turns over every document they ask for in a timely fashion. Paxton of course should do this without needing to be coerced, but that’s politics. Anyway, it’s a simple enough deal. We’ll give you Whitley, you give Elijah Cummings and Jamie Raskin the docs they seek. Your move, guys.

(Note: I am in no way authorized to speak for any Democratic Senator, nor do I intend to. Other people may well think this proposal is hot garbage. I’m just saying that we want things and they want things, and this is one possible way for both of us to get those things. Your mileage may vary.)

Paxton again refuses to comply with House Oversight Committee

It’s like he has no interest in oversight, or something.

Best mugshot ever

Texas Attorney General Ken Paxton’s office this week again denied a request for a records by a U.S. House panel seeking to investigate the state’s botched voter purge program.

[…]

While the Attorney General’s office has refused to release documents, Secretary of State David Whitley’s office said Tuesday it has released more than 1,000 pages of documents in response to the request and plans to produce more by the end of the week now that the federal lawsuit has been settled.

Whitley’s office continues to withhold other documents it says are exempt from disclosure because of attorney-client privilege.

First Assistant Attorney General Jeff Mateer in a letter Monday reiterated his claim that the House committee lacks the authority to force the secretary of state to produce documents.

Rep. Jamie Raskin, D-Md., chairman of the Oversight Subcommittee on Civil Rights and Civil Liberties, has rejected that claim but last month stopped short of threatening a subpoena if the Texas officials don’t hand over the documents requested — including emails with Gov. Greg Abbott and Trump administration officials about the attempted voter purge.

In the letter Monday, Mateer said the ability of Congress to pass laws to protect voter rights does not “override the inherent and reserved power” of the state to maintain its own voter rolls.

“Granting Congress the power to exercise ‘oversight’ over the constitutional officers of a state engaged in the lawful exercise of that state’s core authority would undermine the fabric of our system of dual sovereignty,” Mateer wrote. “In this case, that risk would be made particularly acute by the committee’s attempt to force the constitutionally-designated attorney for the State of Texas to divulge privileged and confidential communications with a client concerning the client’s enforcement of Texas law.”

Mateer added that the committee lacked a “valid legislative purpose” for the investigation, which the committee has disputed.

See here and here for the background. Note the similarity in the responses by Jeff Mateer and Donald Trump’s attorneys. It’s not an accident or a coincidence. I say it’s time to break out the subpoenas, and to go to court as needed to enforce them. If this is how they want to play this, then let’s quit fooling around and cut to the chase.

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.

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.

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?

Letting 17-year-olds vote

Sort of.

Hoping to fuel the next crop of young voters, state lawmakers filed bills that would allow 17-year-olds to vote in some primary elections if they are going to turn 18 before the general election. The 17-year-olds would only be allowed to vote for state and county offices — not in federal races, such as U.S. congressional or presidential elections.

If the legislation passes, Texas would join nearly 20 states that allow some form of voting at age 17, including Illinois, Mississippi, North Carolina, Ohio, South Carolina and Virginia.

Supporters say changing the law in Texas will get young people in the lifetime habit of voting, while critics – including some county elections officials – say implementing the policy could confuse more 17-year-olds than it would empower.

State Rep. Donna Howard, D-Austin, who is attempting to pass the bill for the third time, said last session it did not even receive a hearing. This year, Howard filed House Bill 512, and state Sen. Judith Zaffirini, D-Laredo, filed an identical bill in the Senate.

Since passing similar legislation in 2013, Illinois has seen “an influx of younger voters,” according to Cook County’s March 2018 post-election report. At 29 percent, turnout in the 2018 gubernatorial primary – the second to include the 17-year-old vote – was the highest since 2002 for a gubernatorial primary in the county, Illinois’ largest.

In Texas, however, experts on political participation say allowing primary voting at age 17 would only marginally impact turnout, since a fraction of voters cast ballots in primaries. Statewide, overall turnout was 17 percent in the 2018 primary and 30 percent in the 2016 primary, according to the Secretary of State.

“This wouldn’t spike turnout by any large margin overall, but you might see some improvements or small improvement on the edges,” said Jay Jennings, a postdoctoral research fellow at the Annette Strauss Institute for Civic Life at UT-Austin.

[…]

Chris Davis, president of the Texas Association of Elections Administrators, said the association is opposed to the bills as written because the change would confuse 17-year-olds regarding which elections they can and cannot vote in.

“One of the predominant challenges is that there are quite a few elections that can occur between a primary, where we’re allowing that 17 to vote … and the general election in November later that year where they’d be 18,” said Davis, Williamson County Elections Administrator. “It makes for a complex situation … the implication being that when other elections happen in their county, in their city, in their school district … these voters would not be able to vote, only to be allowed to vote again when they become 18.”

If the legislation passes, Davis said county elections officials and poll workers will have to deal with a “log jam” of confused 17-year-old voters.

“What’s nice and neat and clean about the law as it exists, is when you’re 18, you can vote for any election that you qualify for,” Davis said. “This bill would only allow the 17-year-olds to vote in one election and they’re gonna be confused and they’re gonna think if they voted in that one, they can vote for a whole bunch of other elections when they see campaign signs come up in their neighborhood.”

Here’s HB512. On the one hand, I approve of efforts to expand the franchise, even in a not-all-the-way fashion. Some cities allow 16- and 17-year-olds to vote in their municipal elections, and I fully support that. That said, the way this is presented I do think it’s confusing and possibly unsatisfying to the very voters it would enable. The hottest primaries last year were for Congress, and none of the 17-year-olds in question would have been able to vote in them under this bill, as that’s a federal race. To me, the best way to do this would be to change the law to allow anyone who turns 18 in a given year on January 1 of that year to vote in all elections. That would require a federal Constitutional amendment, which needless to say ain’t gonna happen. I’m open to discussing what this bill wants to deliver, but I’m skeptical.

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.

Vote centers approved for Harris County

From the inbox:

Diane Trautman

Today, Texas Secretary of State David Whitley approved Harris County as one of six Texas counties with a population of more than 100,000 to participate in the Countywide Polling Place Program. With over 2 million registered voters, this makes Harris County the largest county in the country to implement this program. The state program allows eligible counties to establish non-precinct based Election Day Voting Centers.

“The voters of Harris County have made it clear that a Countywide Polling Place Program would have a positive impact on elections and I am confident that the transition to a Countywide Polling Place Program will be successful”, announced Harris County Clerk Dr. Diane Trautman.

Voters will now be able to vote anywhere in Harris County on Election Day, beginning with the May 4, 2019 Joint Election. All elections, including general, special, joint, primaries, and runoffs will be recommended to use the Countywide Polling Place Program.

“The Countywide Polling Place Program will allow more Houstonians to exercise their most precious right, the right to vote”, stated Dr. Trautman.

Voters can find more information on the Countywide Polling Place Program by visiting www.HarrisVotes.com or by calling the Harris County Clerk’s office at 713.755.6965.

See here and here for the background. The Vote Centers section of the County Clerk page is here, and the plan outline is here.

The Chron story has more:

Proponents of the countywide system tout it as a way to boost voter participation. Supporters also say it eventually could cut election costs because counties can replace smaller precinct sites with larger voting centers. More than 50 Texas counties successfully have implemented the countywide program, including neighboring Fort Bend and Brazoria, and some have seen an uptick in voter participation.

Trautman has said she would start by using the county’s 46 early voting locations as Election Day voting centers, in addition to traditional precinct polling sites, which she would not close before first seeking the approval of residents.

Jay Aiyer, a Texas Southern University political analyst, said Trautman should wait at least a few election cycles before removing any precinct sites to avoid disenfranchising voters.

“Harris County is basically a state,” Aiyer said. “So, what we’re talking about is a pretty fundamental change of an electoral process for an area, or at least a population base, that’s larger than 25 states.”

Some concerns, Aiyer said, include the vast length of Harris County’s ballot and the lack of straight-ticket voting in 2020, the first time Texas voters will be without that option. The change likely will create longer lines at the polls, Aiyer noted.

Harris County Republican Party Chair Paul Simpson decried the move, contending that Trautman, “in a rush to revamp Harris County voting,” is using unreliable technology that would actually depress turnout.

“Trumpeting her new system as voter-approved, Ms. Trautman, in fact, hand-picked groups to support her voting center scheme despite the risk it poses to all Harris County voters,” Simpson said in a statement. “Her unproven voting center scheme might work in a smaller county. But in the large and diverse community of Harris County, it risks vote dilution and discouraging, confusing, and disenfranchising countless voters on election day.”

Lubbock County became the first in Texas to run a countywide polling operation in 2006, under what was then a pilot program enacted by the Legislature. Since then, state lawmakers have made the program permanent, and Travis County, with about 788,000 registered voters as of the November midterms, is the largest Texas county to use the voting centers.

Trautman deliberately sought state approval before the May elections so she could roll out the program during a low-turnout election, instead of during the November 2019 city election or 2020 presidential election when turnout runs much higher. Harris County must secure approval from the secretary of state’s office after the May 4 election to continue using the countywide polling program.

Still, Simpson said he worried that voting centers would be unable to communicate electronically on Election Day to ensure no one votes more than once. County officials have said otherwise, and the state’s elections director, Keith Ingram, wrote in a letter to County Judge Lina Hidalgo Thursday that documentation provided by the county reflects that its polling devices can update the master voter database even upon losing cellular connection.

Former Harris County Clerk Stan Stanart, a Republican whom Trautman defeated, said during the campaign he was open to countywide polling sites. The option is only available, Stanart said, because the county began using electronic poll books, or modified iPads, that communicate with each other to prevent people from voting more than once.

Not that there’s ever a reason to listen to Paul Simpson, but every one of his objections has been contradicted. The vote to apply for state approval was unanimous in Commissioners Court as well, so at every step of the way this has been a bipartisan process. Plus, you know, this is something Trautman explicitly campaigned on, and she won. As they say, elections have consequences.

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.

Judge blocks any voter purges from the SOS advisory

Good. Let’s hope this lasts.

Still the only voter ID anyone should need

In a major victory for voting rights groups, a federal judge has ordered that no Texas county should purge suspected noncitizen voters from the rolls or issue letters demanding that they prove their citizenship “without prior approval of the Court with a conclusive showing that the person is ineligible to vote.”

The Wednesday order from U.S. District Judge Fred Biery comes a month after the Texas secretary of state flagged nearly 100,000 voters for citizenship review — and a flurry of civil rights groups filed three lawsuits to block state and county officials from purging voters based on what has proven a deeply flawed set of data.

Biery ordered that as the litigation continues, counties can “continue to find out if in fact someone is registered who is not a citizen” — some local officials have proposed comparing lists of flagged voters with names of individuals made citizens at recent naturalization ceremonies, for example — but may not communicate directly with any particular individual on the list. Reaching out to a voter to demand proof of citizenship starts the clock on a process that can lead to that voter being purged from the rolls.

[…]

Biery’s order directly addresses the more than a dozen counties that are named defendants in the flurry of lawsuits. It also directs the state to inform Texas’ other 200-plus counties that they may not purge voters or demand proof of citizenship without his approval.

Last week, eight counties agreed voluntarily to halt their efforts, and on Monday, Biery extended that order to a total of 15 counties.

[…]

Much like his remarks in court this week, Biery’s order contained harsh words for the state’s bungled attempt to review its rolls, and good omens for the civil rights groups aiming to prove that Texas has treated two groups of people, native-born citizens and naturalized citizens, differently.

“Notwithstanding good intentions, the road to a solution was inherently paved with flawed results, meaning perfectly legal naturalized Americans were burdened with what the Court finds to be ham-handed and threatening correspondence from the state which did not politely ask for information but rather exemplifies the power of government to strike fear and anxiety and to intimidate the least powerful among us,” Biery wrote. “No native born Americans were subjected to such treatment.”

Biery also wrote — as civil rights groups and voting experts have long maintained — that “there is no widespread voter fraud” in Texas and that an attempt to root out noncitizens on the voter roll forces officials to figure out “how to ferret the infinitesimal needles out of the haystack.”

State officials have said that moving forward, they plan to watch for noncitizens who are registered to vote by comparing voter rolls with more recent lists of individuals who present proof of legal status, but not citizenship, at DPS. Biery’s Wednesday order allows that process to proceed but advises that officials may not purge those voters or demand proof of citizenship without approval from him.

See here, here, and here for the background. As a reminder, this is just the wrangling over an injunction, to determine whether or not the state and counties can continue to pursue this purge while the case is being litigated. It’s not a decision on the merits, just a stop sign for the state until a decision is reached. Assuming the Fifth Circuit doesn’t step in and screw things up as it usually does, of course. No word as of the publication of that story as to whether or not the state would appeal. Judge Biery made a good call, but as always this is far from over. The Lone Star Project, which picks out some highlights from Biery’s order, has more.

Of course there are bills to do something with that bogus SOS advisory

What else did you expect?

Still the only voter ID anyone should need

Among other things,  Senate Bill 960 and Senate Bill 953, filed late last week, would require voter registrars across the state to kick every person off the voter rolls who at one point said they were not a citizen to any government agency.

Beth Stevens, voting rights program director with the Texas Civil Rights Project, said the bills could potentially reduce “protections that a voter has to address a claim that they are a noncitizen.” The nonprofit is one of many groups challenging the state’s effort in court.

“It further adds an element of intimidation of voter registrars,” she said.

[…]

If enacted, SB 960 and SB 953 would require registrars to immediately remove flagged voters from voter rolls. The bills wouldn’t require registrars to notify individuals their citizenship was being questioned. SB 960 would also subject any registrar who does not immediately remove those voters to a civil penalty and a possible Class A misdemeanor charge.

SB 960 would also give the Attorney General’s office the power to petition a court to remove a registrar from office if he or she does not kick those voters off the rolls.

“These two bills – and particularly SB 960 – are very much voter suppression on their face,” Stevens said.

SB 960 was filed by state Sen. Paul Bettencourt, a Republican from Houston. Bettencourt did not respond to a request for comment. He did, however, weigh in on the issue last year and admonished local officials for not pursuing and removing alleged noncitizens from voter rolls.

“This really strikes at the fabric of the integrity of the whole election process,” Bettencourt said in a written statement last June. “The fact is that non-citizens simply cannot vote in our elections.”

SB953 was authored by Sen. Pat Fallon. Of course Bettencourt would have a hand in this. He made his bones as Harris County Tax Assessor finding many creative and legally questionable ways to purge voters he didn’t like. There’s a reason why voter registration numbers in the county were flat for so long. Whether this particular ploy will work or not remains to be seen. These bills can probably pass if the leadership wants them to, but in the absence of a push they may die the usual death by natural causes. I’ll try to keep an eye on them.

Testimony ends in SOS advisory lawsuit

Now we wait for a ruling. We’ve already sort of gotten one, but it’s not all official yet.

Still the only voter ID anyone should need

As part of an ongoing flurry of litigation in federal court here over the state’s bungled citizenship review of its voter rolls, a federal judge on Monday told a handful of Texas counties they may not — for now — purge registered voters or send them letters demanding proof of citizenship.

Eight counties named in one of three pending lawsuits over the review effort agreed last week that they will not cancel any voter registrations as lawyers from a host of civil rights groups tangle with the state in court. U.S. District Judge Fred Biery said from the bench Monday that the other counties named in a separate lawsuit should consider themselves restrained in the same way as litigation proceeds.

That doesn’t apply to the other 200-plus counties in the state, but “we expect all the counties are watching these proceedings,” said Nina Perales, vice president of litigation for the Mexican American Legal Defense and Educational Fund, one of the groups suing Texas and several counties.

[…]

Still to come from the judge’s chambers is a decision on civil rights groups’ broader requests to block the state from taking any further action related to the list as the lawsuits proceed. And the judge seemed at least somewhat amenable to that argument during a day of testimony that revealed fresh troubles with the state’s initial rollout of what it has come to characterize as “routine list maintenance activity.” Critics label it as an attempted widespread voter purge.

State officials conceded in federal court here Monday that a quarter of the nearly 100,000 voters flagged for citizenship review are naturalized citizens whose voter registration should never have been questioned in the first place.

And the list is only expected to get smaller, Keith Ingram, elections director for the Texas secretary of state’s office, acknowledged during cross-examination Monday.

The initial number shrank to about 74,000, Ingram explained, after “additional refinement” of data sourced from DPS, where Texans can register to vote while applying for or renewing their driver’s licenses.

About half of the 25,000 flagged erroneously were what Ingram called “code 64s” — a bureaucratic tag indicating that the voters registered at DPS while applying for or renewing their driver’s licenses. Since Texans have to present documentation, either as a citizen or as a legal permanent resident, to receive an identification card from the state, voters who registered at DPS would have demonstrated citizenship status.

The other half of the 25,000 “refined” off the flagged list had demonstrated citizenship to DPS but not registered to vote at the same time, Ingram said.

Before the original list was rolled out at the end of January, the state wasn’t aware it could utilize DPS data in order to narrow its target list, elections officials said Monday.

“I wish all of this could’ve been done back as the original effort,” Biery said. “Would you agree that all of this refinement would not have been done but for the sunshine light of the press and litigation?”

“The thing is that it’s the category of Donald Rumsfeld, the ‘unknown unknown’ — the things you don’t know you don’t know,” Ingram responded. “We didn’t know until the counties reported to us.”

See here and here for the background. I mean, sure, mistakes were made and all, but you know what made those mistakes so much worse? Handing the original, unvetted, known to be full of mistakes list to the rabid dogs at the AG’s office and then offer “these things happen” regrets when the Twitter crapstorms get unleashed. David Whitley is bad at his job – frankly, I’m not all that impressed with Keith Ingram, either – and everything he did made this worse. There were many ways in which this could have been handled in a more professional, less messy fashion. Maybe the next Secretary of State will be capable of doing that. The DMN has more.

Another reason David Whitley has to go

County elections officials feel like they can’t trust him or his office right now. That’s a big deal.

Still the only voter ID anyone should need

As the Texas secretary of state’s office rolled out its botched effort to review the citizenship of nearly 100,000 voters, Betsy Schonhoff was local election officials’ main point of contact.

Seven years into her post as the state’s voter registration manager, she was largely responsible for the training provided to county officials ahead of the review. Schonhoff and her team fielded calls from election officials across the state as they began to sift through their lists. And she was the person who reached out to many of them when her agency discovered that thousands of voters’ names had been mistakenly flagged.

But a week and half into the convoluted review efforts, Schonhoff — voter registrars’ main contact within the agency — disappeared.

County election officials who called the secretary of state’s office asking for her were informed she was not available. A county worker who traveled to Austin last week to meet with Schonhoff was told she was out that day.

By then, Schonhoff had been gone from the secretary of state’s office for several days. She abruptly resigned on Feb. 6. But the county workers who relied on her experience overseeing the state’s voter rolls were kept in the dark.

A spokesman for the secretary of state denied that county officials were misled, saying those who called in were “directed to appropriate staff.” But during a call to Schonhoff’s office a week after she tendered her resignation and completed an exit interview, The Texas Tribune was told “Betsy’s not in.”

“It’s extremely odd, ” said John Oldham, Fort Bend County’s elections administrator, complaining at the time that “we don’t know what’s going on.”

The secretary of state’s office has since acknowledged that Schonhoff left. But the maelstrom surrounding her exit highlights the breakdown in communication and frustrations that have emerged between the state’s top election officials and county election offices since the citizenship review effort launched four weeks ago.

I believe the term of art for this is that the SOS office is “in disarray”. Let us continue:

Sharing responsibilities for maintaining the state’s voter rolls, the secretary of state’s office and county election officials regularly review the list of 15.8 million people and counting who are registered to vote in Texas. List maintenance is largely a routine process and typically occurs without incident.

But the state’s latest stab at reviewing the rolls has felt anything but ordinary, according to county officials across the state.

It started with Whitley’s announcement of the new list maintenance process on Jan. 25. For the better part of last year, the secretary of state’s office had been quietly working with the Texas Department of Public Safety to match the state’s voter rolls with data kept on Texans who indicated they were not citizens when they obtained their driver’s licenses or ID cards.

His office had offered trainings for local county officials ahead of sharing the data, and the secretary of state’s advised them earlier in the day that the data would soon be released. But they had no warning about the press release Whitley sent out announcing the review, nor were they aware that Whitley had provided data of the approximately 95,000 voters who were initially flagged to the state’s top prosecutors even before county officials would have access to it.

Oldham said he was tipped off about the announcement by a former local candidate who had seen a draft of the press release the attorney general’s office would send soon after Whitley’s announcement landed.

But others were caught flat-footed.

“Most of the time, it’s just very routine. [The state and counties] work together very well and then every once in a while something like this comes out,” said Douglas Ray, a special assistant county attorney in Harris County. “They characterized it as list maintenance, but it didn’t look or feel anything like ordinary list maintenance.”

And from there it got worse. The data was quickly shown to be disastrously inaccurate, with the SOS office at first quietly admitting as much to county officials. The lawsuits started coming, with county officials themselves being named in some of them for taking action upon receipt of the SOS advisory. And then the crown jewel, in which Keith Ingram threw county officials under the bus in a mealy-mouthed defense of his office’s incompetence. I’m sure this marriage of state and local elections officials can still be saved, but it’s time to get some counseling.

In the meantime, we’re still waiting for Betsy Schonhoff to tell her story in court, and for the reality to sink in on the Republican side that David Whitley’s days in office are numbered. And all of this began because of a zealous and fanatical pursuit of “illegal voters”, a problem that is very small and usually the result of misunderstanding than any bad intent, where all of the proposed “solutions” cause far more damage than they can ever hope to mitigate. All happening against the backdrop of the biggest election scandal I can recall, in which a Republican candidate for Congress and a shady campaign consultant used absentee ballots to actually steal an election, just last year, which now has to be done over. Just curious here, I don’t follow Ken Paxton on Twitter, but has he had anything to say about that? There are indeed lessons to be learned about election fraud. Our state leadership refuses to try.

Civil rights groups want Whitley to not be confirmed

No kidding.

Still the only voter ID anyone should need

More than 30 civil rights and community groups are calling on Senate Democrats to block the confirmation of embattled interim Secretary of State David Whitley, who oversaw the botched rollout of an investigation into the citizenship of tens of thousands of Texas voters.

“Under no circumstances should Mr. Whitley be allowed to continue to serve as the Texas Secretary of State. The Senate Democratic caucus – and each of you individually – have the power to unite in defense of the voting rights of all Texans and stop his confirmation,” the groups wrote in a letter sent to Democratic senators on Thursday morning. “We call on you to affirmatively block the confirmation of David Whitley for Texas Secretary of State.”

[…]

“It has become exceedingly clear that Mr. Whitley is unfit to serve in that office,” the letter reads. “Mr. Whitley has targeted naturalized citizens for disenfranchisement and falsely accused them of committing voter fraud.”

The letter’s signatories, which include the League of Women Voters of Texas, the Texas NAACP, the League of United Latin American Citizens and the Texas Democratic Party, took Whitley to task for being unable to answer questions during his confirmation hearing in front of the Senate Nominations Committee about how his office handled the advisory’s rollout.

“Mr. Whitley demonstrated an embarrassing lack of knowledge about the process he initiated,” the letter reads.

Calling Whitley’s conduct “disqualifying,” the groups said he “knew or had reason to know that a substantial number of these 58,000 Texas residents had not voted unlawfully, and still he sent the entire list to the Attorney General for criminal investigation and potential prosecution.”

“Mr. Whitley’s actions demonstrate a level of incompetence that we cannot accept in a position tasked to protect and advance our most fundamental rights of civic participation,” the groups wrote.

I found a copy of the letter here. You will recognize a number of the signers as plaintiffs in the multiple lawsuits filed against Whitley and the SOS. Whitley’s confirmation remains in limbo as the Senate committee has yet to vote out his nomination following the hearing two weeks ago; it’s still pending after another no-action committee meeting on Thursday. It would take at least two Dems to vote for Whitley, assuming he gets unanimous Republican support, which maybe isn’t a sure thing given that he’s still pending in committee. And as of yesterday, every Dem Senator was on record opposing Whitley.

All 12 Democrats in the Texas Senate have publicly confirmed they are opposed to confirming embattled Secretary of State David Whitley, giving them more than enough votes to block his nomination if they’re all in the chamber when the vote comes up.

The tally of “no” verdicts from Senate Democrats hit a dozen on Friday, upping the ante on the minority party’s ability to block his path to confirmation if they all stick together. To be confirmed, Whitley needs a two-thirds vote in the 31-member chamber. But whether Whitley’s nomination will make it that far remains unclear.

[…]

If Whitley’s nomination is left pending for the rest of the session, he can serve only until the Legislature leaves Austin in late May. After that, Abbott could nominate a replacement who would immediately take over as secretary of state and serve at least until the next legislative session in 2021.

If the Senate votes and Whitley is rejected, he must leave office immediately.

Doesn’t look good for Whitley, does it? My guess at this point is that Whitley never comes up for a vote, and Abbott appoints someone else after the session. Basic competence for the task at hand, and not regularly insulting everyone’s intelligence, that’s all we’re asking here. This Twitter thread from the press conference has more.

SOS advisory lawsuit continues

From Day Two of testimony:

Still the only voter ID anyone should need

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

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

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

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

[…]

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

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

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

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

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

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

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

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

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

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

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

“She’s going to be here,” he said.

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

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

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

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

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

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

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

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

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

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

First day in court for SOS advisory lawsuits

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

Still the only voter ID anyone should need

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

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

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

[…]

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

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

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

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

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

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

[…]

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

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

[…]

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

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

“Based on this, yes,” Reeves responded.

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

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

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

Here’s one solution to the SOS problem

Works for me.

Rep. Roland Gutierrez

A San Antonio state rep wants to repeal the law that let Texas Secretary of State David Whitley refer a poorly vetted list of 95,000 people’s names to the attorney general for investigation for voter fraud.

Rep. Roland Gutierrez, a Democrat, this week filed HB 1450, which will strip the Secretary of State’s office of authority to demand sensitive personal information from the Department of Public Safety.

[…]

“With as many as three lawsuits filed by an array of civil rights groups, it is clear that we need to fix this now,” Gutierrez said in a press statement. “The problem with relying on the DPS information for voter registration is its failure to account for those who became naturalized U.S. citizens after applying for a Texas driver’s license.”

In the lawsuits, civil rights groups including the American Civil Liberties Union and LULAC, called Whitley’s purge unconstitutional, arguing that it sets up discriminatory road blocks for voters.

Gutierrez and 13 colleagues voted against HB 2512, the original law that allowed Whitley’s office to access the driver’s license records in the name of sniffing out voter fraud.

“As an attorney I don’t take lightly accusing 100,000 Texans of breaking the law,” Gutierrez said. “We need to ensure that no illegal votes are cast, but we must do it with precision and integrity instead of targeting based on race. Texas is better than this.”

Here’s HB1450. I mean, I can’t imagine this passing, but it’s the right idea.