Texas AG warns Bexar and Harris counties against mailing unsolicited voter registration forms, citing legal violations and potential voter confusion. Legal battles loom as counties face scrutiny over proposed plans.
Texas Attorney General Warns Bexar and Harris Counties Against Unsolicited Voter Registration Mailings
Texas Attorney General Ken Paxton has issued a strong warning to the commissioners courts of Bexar and Harris counties, threatening to take legal action if they proceed with plans to mail voter registration forms to residents without verifying their eligibility. In letters dated September 2, 2024, Paxton emphasized that these proposals would violate Texas law and could lead to serious legal consequences for the counties involved.
Details of the Proposed Plans
On September 3, 2024, the Bexar County Commissioners Court is scheduled to vote on a proposal to use $392,700 of taxpayer funds to hire Civic Government Solutions, LLC, a third-party vendor, to print and distribute state voter registration forms to unregistered individuals residing in the county. According to the proposal, the forms would be sent with postage-paid return envelopes to targeted locations agreed upon by the county.
Harris County is considering a similar initiative to mail unsolicited voter registration applications to residents, regardless of whether they have requested such forms or are eligible to vote. Both counties’ plans involve using public funds to reach a wide audience of unregistered residents, which Paxton argues is beyond their legal authority.
Legal Concerns Highlighted by Paxton
In his letters to both counties, Attorney General Paxton argues that Texas counties do not have the statutory authority to print and mail state voter registration forms. He claims that these actions could potentially induce ineligible individuals, such as noncitizens or individuals with felony convictions, to unlawfully attempt to register to vote.
“It is unlawful and reckless for counties to use taxpayer dollars to indiscriminately send voter registration forms with no consideration of the recipients’ eligibility and without any statutory authority to do so,” Paxton states.
Paxton further explained that the plans from both counties might confuse residents about their eligibility to vote, potentially leading some to commit crimes by providing false information on voter registration forms. He stressed that this risk is particularly concerning given the current political environment and the increased scrutiny over voter registration and election integrity.
Previous Legal Precedents and Threat of Litigation
Paxton’s letters cite a legal precedent from 2020 when the Texas Supreme Court ruled against Harris County in State v. Hollins. In that case, Harris County attempted to mail unsolicited ballot applications to every registered voter, regardless of whether they had requested one or were eligible to vote by mail. The court found that such actions were unlawful because the Election Code requires that ballot applications be requested by voters, not sent unsolicited.
Drawing a parallel to the current situation, Paxton argues that the voter registration plans proposed by Bexar and Harris counties are similarly unauthorized. He pointed out that any reasonable doubt must be resolved against an implied grant of authority to the counties, as per the court’s ruling in State v. Hollins.
“If you move forward with this proposal, I will use all available legal means to stop you,” Paxton warned in both letters. He reiterated his readiness to sue Bexar County if the commissioners vote to adopt the measure and indicated he would take similar action against Harris County should it proceed with its plan.
Financial and Administrative Implications
The letters also detail the financial and administrative implications of the proposed plans. Paxton criticized the use of taxpayer funds for activities that he argues are beyond the legal powers of the counties. For Bexar County, he specifically highlighted that the Texas County Purchasing Act does not permit a discretionary exemption to the competitive bidding requirements for services like voter registration, which is not classified as an “item” under the law.
Moreover, Paxton warned that the proposed contract with Civic Government Solutions, LLC, could violate Section 13.008 of the Texas Election Code, which makes it a misdemeanor to pay for and accept compensation for voter registrations. He suggested that any results promised by the vendor in exchange for the $392,700 could constitute illegal compensation.
Political and Public Reactions
The proposals by Bexar and Harris counties have sparked significant political debate, with critics arguing that these measures could undermine the integrity of Texas elections. Paxton’s letters reflect broader concerns about maintaining accurate voter rolls, particularly amid ongoing debates over immigration and voter eligibility.
Paxton’s letters also expressed concerns over the Biden-Harris administration’s immigration policies, which he claims have resulted in a surge of noncitizens in Texas, complicating efforts to ensure that only eligible voters participate in elections. “It is more important than ever that we maintain the integrity of our voter rolls and ensure only eligible voters decide our elections,” Paxton wrote.
Next Steps and Potential Legal Battles
As the Bexar County Commissioners Court prepares to vote on the proposal, the possibility of a legal showdown looms. Paxton has made it clear that he is prepared to take swift legal action to prevent these plans from moving forward. Harris County, which has yet to schedule a vote on its proposal, will likely face similar legal challenges if it chooses to proceed.
The decisions made by these counties in the coming days could have far-reaching implications for voter registration practices in Texas. Both counties have been urged to reconsider their plans to avoid costly and prolonged legal battles that could impact not only their local governance but also the broader framework of election administration in the state.
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