When at first your ham-handed voter purge gambit doesn’t succeed, try codifying it into the state code.
That appears to be the strategy Texas Republicans are taking in myriad elections bills introduced in the statehouse this month.
This morning,
I published a story about how one major chunk of the proposed measures look to loosen the rules around partisan poll watching.
Another part of the legislative effort is focused on reviving a shoddy purge effort that brought heaps of national scrutiny and embarrassment when Texas officials tried it in 2019.
That January, the-then Texas Secretary of State David Whitley unveiled a list of nearly 100,000 people who he claimed were non-citizens illegally on the rolls. As soon as local clerks got a chance to vet the names, they found thousands of duplicates and false positives. An obvious problem with how state officials were going about assembling the purge list was that they used outdated records from Texas’s Department of Public Safety — which houses DMV records — to identify the supposed non-citizens. It was not uncommon for someone to have identified themselves as a noncitizen in a DMV interaction several years ago and then, in the interim years, become naturalized and registered to vote. In fact, voter registration opportunities are often offered at naturalization ceremonies.
Faced with a lawsuit, Texas
was forced to back off the flawed methodology and
signed a settlement significantly narrowing its purge protocols. Motivated by their rage over the fiasco,
statehouse Democrats blocked Whitley from being permanently confirmed as Texas Secretary of State and he stepped down in mid-2019.
But rather than leaving well enough alone, several of the bills that have been introduced this year include provisions that seem to resurrect the failed purge effort.
A Senate bill
known as SB 1340 requires the Department of Public Safety to send to the secretary of state the same kinds of drivers license records that resulted in the bevy of false positives in 2019. The bill also requires the secretary of state to run the voter rolls against the U.S. Department of Homeland Security immigrant database,
even as the feds have warned against the use of their noncitizen records to clean state rolls.
Another section of the Texas bill deputizes the secretary of state to be the “chief voter registrar” — making him the final word on list maintenance, instead of the local clerks who helped stopped 2019’s bungled purge.
Nina Perales, the vice president of litigation at the Mexican American Legal Defense and Educational Fund, which brought the suit against the 2019 purge, said those provisions were “part of this effort to go around local registrars” who rightfully resisted Whitley’s purge commands in 2019.
The bill will also make the process of voter registration more burdensome for newly naturalized Americans. It would require state officials to back check voter registration applications against DPS records, including those records where the applicant might have been logged as a noncitizen before their naturalization. If there aren’t DPS records confirming the person is a citizen, or if a (potentially outdated) noncitizen flag came up, that applicant will be required to produce in person documents proving their citizenship before their registrations is accepted.
There is a second bill, SB 1235, that also essentially codifies the purge process that went so awry when it was tried in 2019. That legislation would require that the secretary of state once a month run the voter registration list against the DPS database and send the potentially bogus noncitizen matches to local registrars for investigation.
A third bill would put the onus of local registrars to undertake the flawed purge process.
Under SB1114, they’d be required to send challenge letters to any registrant who indicates they’re not a citizen in a DMV or jury selection interaction. The registrants would then be required to provide their proof of citizenship. The bill’s language does not specify that those noncitizen indications must be from after when the person registered to vote, leaving open the possibility that the same outdated records that the 2019 purge attempted to use would again be referenced to remove recently naturalized citizens from the rolls.
It’s unclear if any of these bills will move forward on their own. Some voting rights advocates believe that the measures could just be added to another piece of legislation further along in the legislative process, like SB7 — the bill that contains the poll watcher provisions that I wrote about today.
The sponsor of that bill also sponsored SB 1235, leading some to believe that SB 1235 provisions were designed to “mesh” with parts of SB 7, as Perales put it.
SB7 includes provisions requiring that state officials monitor local registrars’ list maintenance efforts and allowing for the state to impose civil penalties on the local officials who aren’t purging aggressively enough. It also has a provision that would give the secretary of state the ability to send the challenge letters if the local registrars failed to send them.
“Basically the secretary of state would be conducting the purge instead of relying on registrars to follow the secretary of state’s command to do the voter purge,” Perales said.