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Texas Association of Election Administrators

No SOS

Just in case you were wondering.

Just as they do every year, hundreds of county officials from all over Texas are packing a hotel ballroom in Austin this week for three days of all things elections.

On the agenda are a session on paying for primary elections and one on procedures for voting by mail. A half-hour is reserved for policy updates from the legislative session that wrapped up in late May.

The annual seminar was originally supposed to begin with a welcome from the secretary of state, Texas’ chief election official. But with county workers gathered around dozens of round tables, this year’s confab kicked off with a deputy; the secretary of state position has been vacant since late May, when David Whitley lost his job over a botched review of the voter rolls.

It’s been 63 days since Democratic senators blocked Whitley’s confirmation and cut his tenure short. The Texas Constitution states the governor shall “without delay” make another nomination to fill the vacant post. Gov. Greg Abbott’s office did not respond to questions about why the post has remained vacant for so long and whether there was a timeline in place to name a replacement.

[…]

Some county officials are looking to new leadership as a reset. But there was little mention of the vacancy at the top of the secretary of state’s office or of the state’s errors on Monday morning. Instead, Keith Ingram, the state’s director of elections, informed county workers that the secretary of state’s office would be moving forward with a revised effort to review the voter rolls for noncitizens.

Pointing to the settlement in the litigation from earlier this year, Ingram said the state would be rolling out lists of registered voters who visited the Department of Public Safety and indicated they were not citizens in the last week. Those weekly review efforts could begin as soon as next month.

“We’re currently testing the data with DPS to make sure we don’t run into more problems,” Ingram said.

Election security was top of mind at the state’s seminar, which Ingram opened by noting that the election process — and the need to enforce security measures — was on “display like never before” following Russian interference in the 2016 election and fears about foreign intrusion during the 2020 cycle.

But with no secretary of state, Texas won’t have its top elections official at an all-day training by the Department of Homeland Security on securing elections. This week’s seminar is the only time this many local election officials will all be in the same room discussing election procedures and security ahead of the 2020 election cycle.

“There’s never a good time for them to have that vacancy at the top,” [Chris Davis, president of the Texas Association of Election Administrators] said. “But this really isn’t a good time.”

That sure is some sweet, sweet leadership from Greg Abbott, who as the story notes filled the previous vacancy with Whitley a mere 17 days after the job opened up. It’s not like I have any faith in Abbott’s ability to pick a new SOS, but we ought to have someone who is accountable for election security in 2020. But Abbott’s donors don’t care about this, so then neither does he.

It’s “Let’s lie about vote fraud” season again

The Trib wrote about this in the best possible way, but the shrieking ghouls are out there in force doing what they can to whip up fear.

Still the only voter ID anyone should need

The Texas secretary of state’s office announced Friday it would send local election officials a list of 95,000 registered voters who the state says counties should consider checking to see whether they are U.S. citizens and, therefore, legally eligible to vote.

In an advisory released Friday afternoon, the office said it was flagging individuals who had provided the Texas Department of Public Safety with some form of documentation — including a work visa or a green card — that showed they were not a citizen when they were obtaining a driver’s license or an ID card. Among the individuals flagged, about 58,000 individuals cast a ballot in one or more elections from 1996 to 2018, the secretary of state’s office said.

It’s unclear exactly how many of those individuals are not actually U.S. citizens and whether that number will be available in the future. In its notice to counties, the secretary of state’s office said the names should be considered “WEAK” matches, using all capital letters for emphasis.

That means counties may now choose to investigate the eligibility of the individuals who were flagged, which would require them to send a notice asking for proof of citizenship within 30 days, or take no action. By law, the counties aren’t allowed to automatically revoke a voter’s registration without sending out such a notice.

It’s possible that individuals flagged by the state — who provided DPS with documentation that indicated they were authorized to be in the country — could have become naturalized citizens since they obtained their driver’s license or ID card. A spokesman for the secretary of state said officials are “very confident” that the data received from DPS is “current.”

In announcing the review of the rolls, Secretary of State David Whitley — who was appointed to the post last month after serving as deputy chief of staff to Republican Gov. Greg Abbott — immediately handed the data over to the Texas Attorney General Ken Paxton, a Republican who said his office will “spare no effort in assisting with these troubling cases.”

But without additional verification, you can’t say these individuals all engaged in illegal voting, said Chris Davis, the head of the Texas Association of Elections Administrators.

“People get naturalized,” Davis said. “It’s entirely too early to say that.”

You should also read the Trib’s Twitter thread about this story, which sums it all up nicely.

First things first: This came out on Friday afternoon, which is usually the dumping ground for news that people want to bury. Do you think that if the Texas Secretary of State, a man appointed by Greg Abbott, had credible evidence of thousands of people voting illegally, this is how and when he would have announced it? Yeah, me neither.

Second, note the sentence that contains “about 58,000 individuals cast a ballot in one or more elections from 1996 to 2018”. That’s 23 years’ worth of elections. This doesn’t say 58,000 people last year – which, even if it did, would be about 0.7% of all votes cast. The average number per year is about 2,500, and that’s before we consider the possibility of false postives.

Why might there be false positives? See that line about “WEAK” matches. There’s likely to be a bunch of false positives based on the match criteria, which is mostly going to be name and county. Lots of people have the same name. Right here in Houston is another woman with the same name as my wife. We know all about her because we’ve gotten phone calls for years from creditors trying to track her down. That’s why the call from the SOS is for counties to look into the possibility that there may be non-citizens among the names, not for them to be removed immediately.

And finally, there’s the fact that despite DPS’ claims about this data being current, there’s no process to change one’s citizenship status with DPS if and when one gets naturalized at a later date. Some people have already spoken up on Twitter to say they voted after becoming citizens and thus might be on that DPS list.

Bottom line, this is a big old nothingburger. The Republicans are screaming about it – I’ve gotten multiple press releases over the weekend from the Republican Party of Texas about this – but they know full well there’s diddly squat to this. I’ll put it to you this way: Six months or a year from now, how many prosecutions for illegal voting as a result of this advisory do you think Ken Paxton will announce? The over/under on that is maybe ten, and I’m being generous. Mother Jones has more.

Bill to fix voting interpreters considered

This needs to happen, and it really shouldn’t be a big deal.

Sen. Sylvia Garcia

Almost three years after Mallika Das, a naturalized citizen who spoke Bengali, was unable to vote properly because she was not proficient in English, Texas lawmakers are considering a change to an obscure provision of Texas election law regarding language interpreters.

Members of the Senate State Affairs Committee on Monday took up Senate Bill 148 by Democratic state Sen. Sylvia Garcia of Houston, which would repeal a section of the state’s election code that requires interpreters to be registered voters in the same county they are providing help.

The measure will ensure that voters are able “to meaningfully and effectively exercise their vote,” Garcia told the committee. “This ensures that voters have the capacity to navigate polling stations, communicate with election officers and understand how to fill out required forms and answer questions directed at them by any election officer.”

Garcia’s proposal comes amid an ongoing legal battle over the state’s interpreter provision in a lawsuit brought by the Asian American Legal Defense and Education Fund on behalf of Das, who has since died, and the Greater Houston chapter of the Organization of Chinese Americans.

Because she had found it difficult to vote in the past, Das in 2014 brought her son, Saurabh, to help her cast her vote at a Williamson County polling place. But when her son told poll workers he was there to interpret the English ballot for his mother, they ran into the state’s interpreter requirements. Saurabh could not serve as an interpreter for his mother because he was registered to vote in neighboring Travis County.

[…]

One provision of the state election code allows for “assistors.” It says voters can receive help reading or marking a ballot and states that assistance “occurs while the person is in the presence of the voter’s ballot.”

Yet a separate provision allows voters to select an “interpreter” to help them communicate with an election officer and “accompany the voter to the voting station for the purpose of translating the ballot to the voter.” The interpreter, unlike an assistor, must be registered to vote in the same county.

In Das’ case, had her son simply told poll workers he was “assisting” his mother — and not that the assistance involved interpreting the ballot for her — he would have been able to go into the voting booth with her.

Garcia’s proposal would essentially consolidate all forms of assistance and remove any requirements related to voter registration.

While the measure has picked up support by the Texas Association of Election Administrators, representatives with the Harris County Clerk’s Office, including Ed Johnson, testified against Garcia’s proposal.

“In Harris County, we think the role of an interpreter is different to the role of an assistant,” Johnson said, adding that the issue was a currently a “moot point” because the law has been put on hold and court is “still working through that process.”

See here, here, and here for the background. The lawsuit in question is being appealed to the Fifth Circuit, but if Sen. Garcia’s bill were to pass, it would (I assume) moot the issue. I honestly don’t get the argument against this, but that doesn’t mean Stan Stanart isn’t going to do Stan Stanart things. Sen. Garcia’s bill was left pending in committee, and an identical bill by Rep. Ramon Romero was not withdrawn from the House Elections Committee schedule, so there has been no action taken yet. Contact your Senator on the State Affairs Committee if you want to see this bill get passed.