Just rescind the whole damn list and let’s pretend this never happened.
A week after it flagged tens of thousands of voters for citizenship checks, the Texas secretary of state’s office is now advising counties on how to check their lists for naturalized citizens — an indirect acknowledgment that legitimate voters could have been on the list from the beginning.
Those voters are in addition to the more than 20,000 others who should have been removed from the list earlier this week after state officials found they had been mistakenly included.
In a mass email sent to local election officials on Friday, the secretary of state’s director of elections, Keith Ingram, offered up additional guidance to counties looking to clear voters from their lists without sending notices demanding proof of citizenship. Among the advice he offered to those election officials “after speaking to a number of counties” was to review registration application files collected at ceremonies in which immigrants become citizens.
“Some county voter registrars or [volunteer deputy registrars] participate in naturalization ceremonies and maintain lists of naturalized citizens or can identify which applications were completed at a naturalization ceremony,” Ingram wrote in the email, which was obtained by The Texas Tribune.
“Like many other election and voter registration activities, we are working together on this,” Ingram wrote in the email. “We thank you for your feedback and continue to welcome any further feedback so that we can work together to ensure an effective and efficient process of maintaining an accurate list of registered voters going forward.”
The additional guidance to counties comes as civil rights groups and Democratic lawmakers continue to call on the state to rescind its original advisory to local election officials regarding the voters flagged for citizenship checks, pointing to the errors that have already been discovered in the state’s data.
“We told the SOS what was going to happen, and this week we all saw that what we cautioned against has become true,” Andre Segura, legal director of the ACLU of Texas, said on a press call on Friday. “The list is entirely flawed.”
See here, here, and here for the background. Seems like the SOS is doing everything it can to disavow its original advisory without publicly admitting their initial advisory was trash. They also haven’t said whether they’ve given a less-bogus list of names to the AG’s office. They couldn’t have been more incompetent and buffoonish if they’d tried.
And it’s quite clear, they tried.
State Rep. Rafael Anchia had been alarmed by the actions of the Texas secretary of state’s office for days by the time the agency’s chief, David Whitley, walked into the Dallas Democrat’s Capitol office on Monday.
The Friday before, Whitley’s staff had issued a press release calling into question the citizenship of 95,000 registered voters in Texas. In the days since, advocacy groups and Democratic lawmakers were raising serious questions about whether the majority of people on that list would soon be proven to be eligible voters.
But before those doubts emerged, Whitley, the top election officer in the state, had handed over information about those registered voters to the Texas attorney general, which has the jurisdiction to prosecute them for felony crimes.
So as he sat at the end of his green, glass-topped conference table, Anchia — the chair of the Texas House’s Mexican American Legislative Caucus — wanted to know: Did Whitley know for sure that any of the names on his list had committed crimes by voting as noncitizens?
“No,” Whitley answered, according to Anchia.
“And I said, ‘Well, isn’t it the protocol that you investigate and, if you find facts, you turn it over to the AG?”
“I do not have an answer for that,” Whitley responded, according to Anchia’s recollection of the Monday meeting.
The citizenship check effort went public this week, but the seeds for it were planted in 2013. That year, Texas lawmakers quietly passed a law granting the secretary of state’s office access to personal information maintained by the Department of Public Safety.
During legislative hearings at the time, Keith Ingram, director of elections for the secretary of state’s office, told lawmakers that the information would help his office verify the voter rolls. The state had had a recent misstep when it tried remove dead people from the rolls and ended up sending “potential deceased” notices to Texans who were still alive.
One of the DPS records that the 2013 law granted the secretary of state’s office access to was a list of people who had turned in documentation indicating they weren’t citizens — such as a green card or a work visa — when they obtained a driver’s license or an ID in Texas.
But it appears that the secretary of state’s office held off for years before comparing that list with its list of registered voters. Former Secretary of State Carlos Cascos, a self-proclaimed skeptic of Republican claims of rampant voter fraud, said he had no memory of even considering using the DPS data when he served from 2015 to 2017.
“I don’t recall it ever coming to my desk,” Cascos said. “I don’t even recall having any informal discussions of that.”
And there was reason to be careful with the “lawful presence list.” Driver’s licenses don’t have to be renewed for several years. In between renewals, Texans aren’t required to notify DPS about a change in citizenship status. That means many of the people on the list could have become citizens and registered to vote without DPS knowing.
Other states learned the hard way that basing similar checks on driver’s license data was risky.
In Florida, officials in 2012 first drew up a list of about 180,000 possible noncitizens. It was later culled to about 2,600 names, but even then that data was found to include errors. Ultimately, only about 85 voters were nixed from the rolls.
Around the same time, officials in Colorado started with a list of 11,805 individuals on the voter rolls who they said were noncitizens when they got their driver’s licenses. In the end, state officials said they had found about 141 noncitizens on the rolls — 35 of whom had a voting history — but those still needed to be verified by local election officials.
But it was under the helm of former Secretary of State Rolando Pablos, who took over in 2017, that the state began processing the DPS list. That happened even though at least some people in the office knew the risk. Officials in the secretary of state’s office early last year acknowledged to reporters for The Texas Tribune that similar checks in other states using driver’s license data had run into issues with naturalized citizens. Pablos didn’t respond to requests for comment.
Still, on Dec. 5, Betsy Schonhoff, voter registration manager for the secretary of state’s office, told local officials that her office had been working with DPS “this past year” to “evaluate information regarding individuals identified by DPS to not be citizens.” In a mass email sent to Texas counties — and obtained by the Tribune — Schonhoff informed them that the secretary of state’s office would be obtaining additional information from DPS in monthly files and sending out lists of matches starting in mid-January.
The next day, Pablos announced he would resign after two years in office. In his place, Republican Gov. Greg Abbott appointed Whitley, a longtime Abbott aide who at the time served as the governor’s deputy chief of staff.
Makes you wonder if he saw this coming and hopped off the train while he still could. Texas is in the process of learning the same lesson that Florida and Colorado did. I just have no faith that it will stick, at least as long as the current crew is in charge.