Federal Court Enjoins Removal of Voters Based on Lack of Citizenship Due to Faulty Data

A federal judge recently blocked the Texas state election officials from removing individuals from the state’s voter rolls based on certain unreliable data regarding citizenship. Although counties can investigate the citizenship of voters, the court ruling prevents them from personally contacting the voters to demand proof of citizenship.

The pending lawsuit stems from acting Secretary of State David Whitley using reports from the Department of Public Safety stating that certain individuals were noncitizens to purge the state’s voter rolls. The Secretary of State’s office announced that 98,000 suspected noncitizens were currently on the state’s voter rolls, 58,000 of whom had voted at some point over the last 22 years. The office sent the names of these suspected noncitizens to county offices and urged them to demand proof of citizenship from the individuals. However, after civil rights groups pointed out that the list of suspected noncitizens likely contained naturalized citizens who became eligible to vote, the Secretary of State’s office quietly withdrew as many as 20,000 voters from its initial list.

Federal Court Enjoins Removal of Voters Based on Lack of Citizenship Due to Faulty Data

Although Texas Attorney General Ken Paxton and President Trump quickly jumped to conclusions of widespread voter fraud in Texas, the federal court disagreed. The federal judge issuing the decision pointed to the state’s “well-intentioned”, but inherently “flawed results,” that caused the illegal targeting of naturalized citizens through threatening correspondence demanding proof of citizenship. Following the ruling, Whitley met personally with the plaintiffs, a group of naturalized citizens who claimed they were being unfairly targeted by the Secretary of State’s office.

Acting Secretary Whitley defended the program in his confirmation hearings earlier this year, but he did acknowledge that his office could have presented the program in a better way. Senate Democrats later announced that they had sufficient votes in place to block Whitley’s nomination as Secretary of State. The Peek & Toland immigration lawyers are here to represent your interests and advise you of the best course of action in your situation. Set up an appointment to talk to us today and discover how we can assist you with your immigration matter.

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