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Travis County Sues AG Paxton Over Voter Registration Obstruction

Travis County Sues AG Paxton Over Voter Registration Obstruction

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On September 17, 2024, Travis County officials sued Texas AG Ken Paxton, alleging he obstructed voter registration efforts required by federal law, violating the National Voter Registration Act.

On September 17, 2024, a group of Travis County elected officials filed a lawsuit in federal court against Texas Attorney General Ken Paxton, accusing him of attempting to undermine voter registration efforts required by federal law. The lawsuit, filed in the United States District Court for the Western District of Texas, Austin Division, seeks declaratory, injunctive, and equitable relief. The plaintiffs—Andy Brown (Travis County Judge), Bruce Elfant (Travis County Tax Assessor-Collector and Voter Registrar), and Travis County Commissioners Jeff Travillion, Brigid Shea, Ann Howard, and Margaret Gómez—allege that Paxton has illegally interfered with their attempts to comply with the National Voter Registration Act (NVRA) by threatening legal action and engaging in a public campaign of intimidation.

Key Allegations

The plaintiffs argue that Paxton has employed the power of his office to block their efforts to facilitate voter registration among eligible but unregistered voters, particularly through targeted mail campaigns. These efforts are part of Travis County’s compliance with the NVRA, which was enacted by Congress in 1993 to increase voter participation and combat discriminatory voting practices, especially among historically marginalized communities. According to the lawsuit, the plaintiffs’ actions are federally mandated under the NVRA, which imposes specific duties on state and local governments to promote voter registration and participation in federal elections.

The plaintiffs claim Paxton’s actions represent an effort to suppress voter registration in Texas. Specifically, they argue that Paxton has pursued lawsuits and made public statements accusing counties, including Travis County, of engaging in illegal practices by mailing voter registration forms to eligible citizens. Paxton’s actions, according to the lawsuit, violate federal law by obstructing the plaintiffs’ duties to register voters as mandated by the NVRA.

Background of the Dispute

The dispute centers on Travis County’s voter outreach program. In July 2024, the county issued a bid for voter registration outreach services. The purpose of the program was to use a third-party contractor to compare the county’s existing voter database with external data to identify eligible but unregistered citizens. Once identified, these citizens would be sent voter registration forms to encourage them to participate in upcoming elections. This effort, according to the lawsuit, is explicitly permitted under the NVRA, which requires local governments to promote voter registration and make registration forms readily available to eligible voters.

In August 2024, Travis County approved a contract with the only bidder for this project. The county’s Tax Assessor-Collector and Voter Registrar, Bruce Elfant, who is responsible for managing voter registration in the county, recommended awarding the bid to the contractor. The contract required the vendor to comply with federal law, specifically the NVRA, and to avoid any influence over the political affiliations or party registrations of those they were encouraging to register.

On September 5, 2024, Paxton sued the county in Texas state court, claiming that the county lacked the authority to identify unregistered voters and mail them registration forms. Paxton sought a temporary restraining order to halt the county’s voter registration outreach efforts, arguing that such actions were illegal under state law. The lawsuit was quickly removed to federal court, where the plaintiffs filed their complaint, arguing that Paxton’s actions were preempted by the NVRA.

Federal Law vs. State Action

At the heart of the lawsuit is the conflict between federal and state law. The plaintiffs argue that federal law, specifically the NVRA, preempts any state law or state action that would prevent local governments from fulfilling their voter registration obligations. The NVRA was passed to make voter registration more accessible and to prevent discriminatory practices that had historically disenfranchised certain voter groups, particularly racial minorities.

Under the NVRA, local governments are required to make voter registration forms readily available to eligible citizens, distribute these forms through organized voter registration programs, and encourage voter participation. Travis County’s voter outreach program is framed as an essential part of complying with these federal mandates. The plaintiffs argue that Paxton’s lawsuit and public statements interfere with their ability to carry out this duty, and they accuse him of attempting to suppress voter participation by intimidating local officials and discouraging eligible voters from registering.

The plaintiffs also point to specific sections of the NVRA, including provisions that make it illegal to intimidate or coerce local government officials in their efforts to promote voter registration. They argue that Paxton’s actions—including his lawsuit, public statements, and advisories—amount to a campaign of intimidation that violates both the letter and the spirit of the NVRA.

Paxton’s Public Campaign Against Voter Registration

The lawsuit also highlights Paxton’s public campaign against local governments, including Travis County, that are engaging in voter registration outreach. On the same day that Paxton filed his lawsuit against Travis County, he issued a press release accusing the county of unlawfully using taxpayer funds to “hire a partisan organization to identify potentially unregistered voters.” Paxton’s press release claimed that such efforts invite fraud and reduce trust in the election system.

Paxton has taken similar actions against other Texas counties, including Bexar and Harris Counties, which have also pursued efforts to increase voter registration. In these cases, Paxton has argued that unsolicited mailings of voter registration forms could lead to illegal voting by ineligible individuals, such as felons or noncitizens. However, the plaintiffs counter that these claims are misleading, noting that Texas law restores voting rights to individuals with felony convictions once they have completed their sentences. Additionally, the plaintiffs argue that Paxton’s statements create unnecessary confusion and fear among eligible voters.

Paxton has also encouraged Texas residents to report any instances of receiving unsolicited voter registration forms to his office, further intensifying what the plaintiffs describe as a campaign of fear and intimidation aimed at preventing eligible voters from participating in the electoral process.

Legal Claims and Relief Sought

The lawsuit presents two main causes of action:

  1. Preemption Under the National Voter Registration Act: The plaintiffs argue that Paxton’s actions are preempted by the NVRA, which grants local governments the authority and responsibility to promote voter registration. They seek a court declaration that their voter registration efforts are lawful under the NVRA and that Paxton’s attempts to obstruct these efforts are preempted by federal law.
  2. Failure of the Texas Secretary of State to Enforce the NVRA: The plaintiffs also name Texas Secretary of State Jane Nelson as a defendant, accusing her of failing to enforce the NVRA and prevent Paxton from interfering with voter registration efforts. The plaintiffs argue that Nelson, as the chief election official of Texas, has a duty to ensure that state actors comply with the NVRA, and they seek an injunction compelling her to take action against Paxton’s unlawful interference.

In addition to seeking declaratory relief, the plaintiffs are asking the court to issue a preliminary and permanent injunction preventing Paxton from continuing his efforts to block voter registration activities. They also seek attorney’s fees and costs.

Implications for Texas and Beyond

This lawsuit has the potential to significantly impact voter registration efforts not only in Texas but across the country. If the court sides with the plaintiffs, it could reaffirm the primacy of federal law in regulating voter registration and prohibit state officials like Paxton from obstructing local governments in their efforts to promote voter participation. With the 2024 election approaching, the outcome of this case could play a critical role in shaping the political landscape of Texas and determining how easy or difficult it will be for eligible citizens to register to vote.

The case is filed under 1:24-cv-01095 in the Western District of Texas, Austin Division, with Travis County represented by the Travis County Attorney’s Office and the law firm Brazil & Dunn.

Disclaimer

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Additionally, while every effort is made to ensure the reliability of the information, the publication does not warrant the completeness, accuracy, or timeliness of the content. Readers are encouraged to verify any legal information with official sources and to use their discretion when interpreting and applying the information provided.

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