Republican Ken Paxton, the ethically challenged Texas Attorney General, who paid nearly $300,000 in restitution to plea bargain his way out of a securities fraud indictment that had been pending since 2015, is vehemently opposed to the effort by state county election officials to encourage voter registration via the unsolicited mailing of voter registration forms to likely eligible voters.
Paxton’s effort at voter suppression in two of the Lone Star State’s most populous — and Democratic-leaning — counties, has now resulted in several lawsuits. A suit in state court filed by Paxton against Bexar County (San Antonio), and two filed in federal court, one each by Bexar and Travis (Austin) Counties charging the Attorney General is attempting to suppress the vote in violation of long-standing federal law…
On Sept. 3, after Bexar County election officials refused to comply with Paxton’s cease and desist demand, the A.G. filed a Complaint [PDF] in State Court (Texas v. Callahan) seeking an injunction that would prevent County officials from mailing out the voter registration forms.
Paxton’s request for a preliminary injunction was denied as “moot” after County attorneys advised the court: “The target of the mailing — qualified individuals who recently moved to or within Bexar County — have received those forms, and perhaps have already returned them.”
Immediately after the ruling, on Sept. 16, Paxton appealed.
One day later, on Sept. 17, Bexar County filed a Complaint [PDF] (Brown v. Paxton) in federal court, alleging that Paxton is engaging in illegal voter suppression. The Complaint charges that Paxton, in violation of the National Voter Registration Act (NVRA), has abused his power as A.G. by filing the state court lawsuit against them for simply mailing voter registrations to likely eligible voters.
On the same day, Travis County, home to the state’s capital in Austin, similarly filed suit against Paxton in federal court, arguing that his attempts to prevent them from registering voters as well is in violation of Title 52 of the Voting Rights Act by trying to prevent them from carrying out their duties to promote the right to vote.
Per the Bexar County complaint, election officials “have a duty under federal law to encourage voter registration in this manner.” Paxton, the Complaint contends, “has likewise launched an intimidation campaign, using threats and public statements designed to coerce local government officials…to cease efforts that federal law requires.” Paxton, according to the Complaint, is attempting to “discourage eligible voters from registering.”
The dueling lawsuits come shortly after the Lone Star State’s Republican Gov. Greg Abbott announced that nearly one million people had been purged from the voter rolls based upon, among others tenuous claims, a dubious allegation of widespread noncitizen voting. According to the Brennan Center for Justice, actual cases of non-citizen voting — already a felony punishable by jail time and deportation — are “vanishingly rare”.
The deadline to register to vote in Texas for the upcoming Presidential Election is October 7. Even if you think you’re registered, given the massive purge, it would be a good idea for all Texas voters to check on their registration status.
Ernest A. Canning is a retired attorney, author, and Vietnam Veteran (4th Infantry, Central Highlands 1968). He previously served as a Senior Advisor to Veterans For Bernie. Canning has been a member of the California state bar since 1977. In addition to a juris doctor, he has received both undergraduate and graduate degrees in political science. Follow him on Twitter: @cann4ing
