Noncitizen Voter Prosecution Shows Need for Transparency in Harris County

Texas to Prosecute “Non-citizen” for Alleged Voter Impersonation

(HOUSTON, TX.) – May 14, 2018: The Public Interest Legal Foundation (PILF) commended Texas Attorney General Ken Paxton’s announcement regarding the forthcoming prosecution of Laura Janeth Garza for alleged voter impersonation and ineligible voting in Harris County.

The Office of Texas Attorney General Ken Paxton announced the prosecution and released the indictment today.

“This case demonstrates clearly why we must have improved transparency from Harris County on questions related to ineligible voting,” PILF President and General Counsel J. Christian Adams said. “A Mexican national stands accused of impersonating a U.S. citizen and voting three times—largely thanks to a broken honor system which local officials do not feel compelled to answer for. Citizens deserve protections against illegal activities like alleged and transparency is the first step toward ensuring them.”

The PILF is currently engaged in federal and state lawsuits to seek the release of records belonging to former registrants who were officially discovered or self-reported their ineligible noncitizen statuses to the Harris County Voter Registrar. Last week, the PILF responded to claims suggesting that it had no right to data related to noncitizen voter registrants and that the federal case should be stayed pending a state court judgment in Austin, among other matters. The Foundation also further briefed the Court in support of its motion for preliminary injunction to gain access to records before the 2018 Midterm Elections.

Below is a breakdown of primary arguments before the court as of release time.

Harris County cannot discriminate between which categories of cancelled voters it wishes to disclose when federal law is clear on the matter. Defendant considers maintenance records accessible only when a registrant is dead or relocated. The PILF filing counters, “[Harris County] interpretation [of federal law] produces an absurd result in that it would permit election officials to operate in secret in an area of constitutional importance. Congress made all list maintenance records subject to public inspection precisely so that the general public can hold election officials accountable for their actions.”

Harris County should not be allowed to derail the federal case over needless state court proceedings. The Defendant asked the Court to pause federal proceedings due to its lawsuit against the Texas Attorney General after the State recommended that requested records be disclosed under local statute. The PILF argues that its federal case should proceed since no request for records was ever made under Texas law. The Foundation plainly notes that federal law supersedes Texas law.

Harris County injures the public when it denies federal inspection rights. There is no question that a properly submitted inspection request was denied by the County. Supreme Court and recent Appellate Court precedent clearly finds that a requester seeking public documents suffers an “injury in fact” when it is denied and therefore enjoys standing to bring a lawsuit to compel disclosure.

Section 8 of the National Voter Registration Act of 1993 allows individuals to request inspection or seek copies of “records concerning the implementation of programs and activities conducted for the purpose of ensuring accuracy and currency of official lists of eligible voters,” the PILF noted in its original complaint.

A copy of the case fact sheet can be found, here.

The case was filed in the United States District Court for the Southern District of Texas, Houston Division. The case number is 4:18-cv-00981.

Attorneys for the Public Interest Legal Foundation are J. Christian Adams, Noel H. Johnson, and Joseph Vanderhulst. Brenham-based Andy Taylor of Andy Taylor & Associates, P.C. serves as local counsel.

Public Interest Legal Foundation (PILF) is a 501(c)(3) public interest law firm dedicated to election integrity. The Foundation exists to assist states and others to aid the cause of election integrity and fight against lawlessness in American elections. Drawing on numerous experts in the field, PILF seeks to protect the right to vote and preserve the Constitutional framework of American elections.

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Harris County Seeks to Shield Noncitizen Voter Records

County Claims PILF Lacks Right to See Documents

(HOUSTON, TX.) – May 11, 2018: The Public Interest Legal Foundation (PILF) filed responses to Harris County’s request disagreeing that the federal lawsuit seeking access to voter list maintenance records related to noncitizen registrants be dismissed (PILF v. Harris Bennett 4:18-cv-00981).

“Harris County is not complying with federal rights to inspect public election records,” PILF President and General Counsel J. Christian Adams said. “Congress and the courts are clear—citizens enjoy broad rights to see government election records for themselves. Harris County continues try to conceal how many noncitizens truly passed through the voter registration system.”

The PILF responded to claims suggesting that it had no right to data related to noncitizen voter registrants and that the federal case should be stayed pending a state court judgment in Austin, among other matters. The Foundation also further briefed the Court in support of its motion for preliminary injunction to gain access to records before the 2018 Midterm Elections.

Below is a breakdown of primary arguments before the court as of release time.

Harris County cannot discriminate between which categories of cancelled voters it wishes to disclose when federal law is clear on the matter. Defendant considers maintenance records accessible only when a registrant is dead or relocated. The PILF filing counters, “[Harris County] interpretation [of federal law] produces an absurd result in that it would permit election officials to operate in secret in an area of constitutional importance. Congress made all list maintenance records subject to public inspection precisely so that the general public can hold election officials accountable for their actions.”

Harris County should not be allowed to derail the federal case over needless state court proceedings. The Defendant asked the Court to pause federal proceedings due to its lawsuit against the Texas Attorney General after the State recommended that requested records be disclosed under local statute. The PILF argues that its federal case should proceed since no request for records was ever made under Texas law. The Foundation plainly notes that federal law supersedes Texas law.

Harris County injures the public when it denies federal inspection rights. There is no question that a properly submitted inspection request was denied by the County. Supreme Court and recent Appellate Court precedent clearly finds that a requester seeking public documents suffers an “injury in fact” when it is denied and therefore enjoys standing to bring a lawsuit to compel disclosure.

Section 8 of the National Voter Registration Act of 1993 allows individuals to request inspection or seek copies of “records concerning the implementation of programs and activities conducted for the purpose of ensuring accuracy and currency of official lists of eligible voters,” the PILF noted in its original complaint.

A copy of the case fact sheet can be found, here.

The case was filed in the United States District Court for the Southern District of Texas, Houston Division. The case number is 4:18-cv-00981.

Attorneys for the Public Interest Legal Foundation are J. Christian Adams, Noel H. Johnson, and Joseph Vanderhulst. Brenham-based Andy Taylor of Andy Taylor & Associates, P.C. serves as local counsel.

Public Interest Legal Foundation (PILF) is a 501(c)(3) public interest law firm dedicated to election integrity. The Foundation exists to assist states and others to aid the cause of election integrity and fight against lawlessness in American elections. Drawing on numerous experts in the field, PILF seeks to protect the right to vote and preserve the Constitutional framework of American elections.

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PA Contradicts Own Claim of ‘No’ Noncitizen Voter Records

Filings Detail Conflicting Statements on Existence of Noncitizen Records

(HARRISBURG, PA.) – May 10, 2018: The Public Interest Legal Foundation (PILF) filed briefs this week highlighting contradictory claims made by the Pennsylvania Department of State (DOS) regarding the existence of noncitizen voter records (PILF v. Torres et. al. 1:18-cv-00463).

On May 2, 2018, Pennsylvania told the Court that it did not have a “removal program regarding non-citizens” and therefore did not have any documents to share according to the PILF’s original requests for related information. The claim followed a statement released five days before to select news organizations with contradictory evidence. The statement describes previous, ongoing, and future efforts to identify and remove potential noncitizens currently registered to vote throughout Pennsylvania. The statement and example letter described what more than 7,700 registrants would be receiving at the time to confirm their eligibility with respect to citizenship.

“The Pennsylvania Department of State is yet again trying to hide the ball on noncitizen voter registration,” PILF Communications Director Logan Churchwell said. “Telling the Court that ‘no documents’ exist five days after you quietly shell out metadata to an unknown number of journalists is a failure in transparent and accountable governing. These actions only serve to heighten apprehensions about system integrity days before a primary election.”

With new facts in hand, the PILF opted to further brief the Court on reasons why the Commonwealth’s request that the suit be dismissed should be denied. Below is a summary of observations made in the PILF most recent court brief.

The Commonwealth’s actions contradict any claim to not having records regarding noncitizen voter registration detection and cancellations. The PILF seeks complete perspective in voter registration maintenance activities performed by the DOS pursuant to federal law. A list of 7,700 voters selected for mailings is an example of data held by the DOS that is of interest to the PILF and the public. “The statement, and the records it describes, reveals the existence of certain records that the Secretary possesses which are responsive to the Foundation’s requests,” the brief notes.

The Commonwealth cannot now claim that it is without a “removal program regarding non-citizens.” The brief notes: “the statement plainly describes a methodical process for identification and removal of noncitizen registrants, a process that included an ‘intense data analysis … that yielded a responsible list of individuals for whom voter registration status required further confirmation.’”

A copy of the briefs and exhibits are available, here.

A copy of the case fact sheet can be found, here.

The case continues in the United States District Court for the Middle District of Pennsylvania, Harrisburg Division. The case number is 1:18-cv-00463.

Attorneys for the Public Interest Legal Foundation are J. Christian Adams and Noel H. Johnson. Philadelphia-based Linda A. Kerns, Esq. from the Law Offices of Linda A. Kerns serves as local counsel.

Public Interest Legal Foundation (PILF) is a 501(c)(3) public interest law firm dedicated to election integrity. The Foundation exists to assist states and others to aid the cause of election integrity and fight against lawlessness in American elections. Drawing on numerous experts in the field, PILF seeks to protect the right to vote and preserve the Constitutional framework of American elections.

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PILF: Pennsylvania SOS’ Read of Disclosure Law is ‘Absurd’

Filing Details Flaws in PA’s Rationale to Conceal Noncitizen Voter Data

(HARRISBURG, PA.) – April 18, 2018: The Public Interest Legal Foundation (PILF) today filed a brief outlining the many flaws in the Commonwealth of Pennsylvania’s reasoning for not disclosing noncitizen voter registration records to the public (PILF v. Torres et. al. 1:18-cv-00463).

“The Commonwealth’s actions have caused justified public concern among voters, elected officials, and anyone who supports transparent government,” PILF President and General Counsel J. Christian Adams said. “Pennsylvania is concealing records of serious problems with election administration while attempting to assure the electorate that all admitted procedural flaws inviting noncitizens to vote have been addressed. Our election system should not function this way and these records deserve public exposure.”

Below is a summary of responses made to the Commonwealth’s recent Motion to Dismiss the suit.

The Commonwealth cannot discriminate between which categories of cancelled voters it wishes to disclose when federal law is clear on the matter. Defendant considers maintenance records accessible only when a registrant is dead or relocated. The PILF filing counters, “the Secretary’s interpretation produces an absurd result in that it would permit election officials to operate in secret in an area of constitutional importance. Congress made all list maintenance records subject to public inspection precisely so that the general public can hold election officials accountable for their actions. The Secretary dodges accountability when he shields these records from public view.”

The Commonwealth cannot rely on an already defeated claim that voter records should be protected like driver records. The PaSOS publicly reported it is comparing PennDOT records against its own to determine which should be cancelled for citizenship eligibility reasons. The Defendant’s attempt conceal this maintenance by citing the Driver’s Privacy Protection Act ignores pre-existing federal inspection rights of voting records in turn. Today’s brief adds, “Accepting the Secretary’s argument would prohibit the release of any information contained in a voter registration application submitted through a PennDOT office, including the name of any registered voter. It would thus fully eradicate the public inspection rights enacted by the NVRA, and the public nature of voter registration lists.” The PILF previously defeated this defense in Virginia litigation.

The Commonwealth injures the public when it denies federal inspection rights. There is no question that a properly submitted inspection request was denied by Pennsylvania. Supreme Court and recent Appellate Court precedent clearly finds that a requester seeking public documents suffers an “injury in fact” when it is denied and therefore enjoys standing to bring a lawsuit to compel disclosure.

A copy of the brief, submitted on April 18, 2018 is available here.

A copy of the case fact sheet can be found, here.

The case continues in the United States District Court for the Middle District of Pennsylvania, Harrisburg Division. The case number is 1:18-cv-00463.

Attorneys for the Public Interest Legal Foundation are J. Christian Adams and Noel H. Johnson. Philadelphia-based Linda A. Kerns, Esq. from the Law Offices of Linda A. Kerns serves as local counsel.

Public Interest Legal Foundation (PILF) is a 501(c)(3) public interest law firm dedicated to election integrity. The Foundation exists to assist states and others to aid the cause of election integrity and fight against lawlessness in American elections. Drawing on numerous experts in the field, PILF seeks to protect the right to vote and preserve the Constitutional framework of American elections.

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Texas AG Urges Disclosure of Noncitizen Voting Records to PILF

(AUSTIN, TX.) – April 17, 2018: Texas Attorney General Ken Paxton urged a state court judge to facilitate the disclosure of noncitizen voter registration records to the Public Interest Legal Foundation in a brief filed this week (Harris Bennett v. Texas, D-1-GN-18-001583).

The PILF is currently engaged in two lawsuits (federal and state) to seek the full release of noncitizen voter registration documents withheld by Harris County, Texas. In the state court matter, the TxOAG asked the judge “to enter a final judgment declaring the information at issue to be subject to disclosure” in a brief filed on April 16.

“General Paxton has shown what open governance looks like,” PILF President and General Counsel J. Christian Adams said. “These records are a matter of public interest and should already be accessible. Once this information is finally in hand, the PILF will assist Texas by crafting reforms that protect citizens and immigrants alike from the harmful consequences of noncitizen voter participation. Many don’t want data about alien registration and voting to see the light of day. Most Americans are on the side of transparency in government.”

The PILF exercised its right to seek intervention under Texas law in a suit brought by Harris County after the State ruled that significant portions of the organization’s request for noncitizen voter documents should be fulfilled.

Harris County refused to allow the foundation to inspect or be furnished documents related to noncitizen registered voters either reporting their own unlawful registration or discovered thanks to officials efforts. The County’s attempts to use Texas law to limit PILF’s visibility toward records constituted an apparent violation of the National Voter Registration Act of 1993. The PILF filed a federal lawsuit in response.

For a detailed look at the fact pattern leading to the federal lawsuit, click here.

The Public Interest Legal Foundation has built a record of case studies uncovering noncitizen voter registration and voting in a growing number of states.

The Texas court documents and exhibits may be accessed at the PILF website, here.

The state court action was filed in the District Court of Travis County, Texas, 459th District. The case number is D-1-GN-18-001583.

Attorneys for the Public Interest Legal Foundation are J. Christian Adams, Noel H. Johnson, and Joseph Vanderhulst. Brenham-based Andy Taylor of Andy Taylor & Associates, P.C. serves as local counsel.

Public Interest Legal Foundation (PILF) is a 501(c)(3) public interest law firm dedicated to election integrity. The Foundation exists to assist states and others to aid the cause of election integrity and fight against lawlessness in American elections. Drawing on numerous experts in the field, PILF seeks to protect the right to vote and preserve the Constitutional framework of American elections.

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PILF: Texas Court Lacks Jurisdiction in Noncitizen Voter Data Case

Foundation Intervenes to Protect Federal Inspection Rights

(AUSTIN, TX.) – April 12, 2018: The Public Interest Legal Foundation (PILF) intervened in a lawsuit to urge a Travis County court that federal inspection rights of noncitizen voter registration records must be honored in Harris County (Harris Bennett v. Texas, D-1-GN-18-001583).

The PILF exercised its right to seek intervention under Texas law in a suit brought by Harris County after the State ruled that significant portions of the organization’s request for noncitizen voter documents should be fulfilled.

Despite Attorney General Ken Paxton’s generally favorable ruling for the PILF’s requests, Harris County ignored the ruling and did not provide the requested documents. The County brought a state action to void the ruling and PILF opted into intervene, declaring the Texas court lacks jurisdiction for the matter, given that federal inspection rights—not Texas open records laws—are being utilized to access records.

The intervention filing notes:

In order for this Court to have jurisdiction, there must be an actual request for information under the [Texas Public Information Act] at issue in the first place. No request exists here … [Harris County’s] Petition does not accurately and fully describe the facts regarding the Foundation’s communications with the [County].

Harris County refused to allow the foundation to inspect or be furnished documents related to noncitizen registered voters either reporting their own unlawful registration or discovered thanks to officials efforts. The County’s attempts to use Texas law to limit PILF’s visibility toward records constituted an apparent violation of the National Voter Registration Act of 1993. The PILF filed a federal lawsuit in response.

“Harris County’s efforts to wall-off these noncitizen voter registration documents are bad policy and bad government,” PILF President and General Counsel J. Christian Adams said. “PILF will persist here in Harris County to obtain election maintenance records as well as across the country to publish findings of system failures. We have a right as voters to know how and when our election systems fail us.”

For the purposes of the state action, the PILF seeks to act as a Defendant Intervenor beside Texas Attorney General Paxton.

For a detailed look at the fact pattern leading to the federal lawsuit, click here.

The Public Interest Legal Foundation has built a record of case studies uncovering noncitizen voter registration and voting in a growing number of states.

The Texas court documents and exhibits may be accessed at the PILF website, here.

The state court action was filed in the District Court of Travis County, Texas, 459th District. The case number is D-1-GN-18-001583.

Attorneys for the Public Interest Legal Foundation are J. Christian Adams, Noel H. Johnson, and Joseph Vanderhulst. Brenham-based Andy Taylor of Andy Taylor & Associates, P.C. serves as local counsel.

Public Interest Legal Foundation (PILF) is a 501(c)(3) public interest law firm dedicated to election integrity. The Foundation exists to assist states and others to aid the cause of election integrity and fight against lawlessness in American elections. Drawing on numerous experts in the field, PILF seeks to protect the right to vote and preserve the Constitutional framework of American elections.

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J. Christian Adams: VA Governor Makes Mistake in Vetoing Election Integrity Law

(ALEXANDRIA, VA.) – April 10, 2018: Public Interest Legal Foundation (PILF) President J. Christian Adams criticized Virginia Governor Ralph Northam’s veto of SB 521, which would require investigations into counties with more registered voters than adult residents.

Senate Bill 521, introduced by Sen. Mark Obenshain (Harrisonburg), would have required that local election officials investigate the underlying causes of why their rates of voter registration exceeded adult residents within their respective jurisdictions, according to data released by the University of Virginia. The bill also called for probes into incidents where a jurisdiction yielded more ballots cast than registrants able to provide them in a given election. Public reports of conclusions would follow.

Gov. Northam vetoed the measure, claiming such a law would unduly burden local officials.

“Governor Northam has vetoed a good government bill. His veto ignores common sense and recognized best practices that ensure a reliable and accurate voter registration rolls,” PILF President and General Counsel J. Christian Adams said. “When a Virginia county or township has 101 percent voter registration or more, election administration can be improved to remove dead, relocated, and ineligible registrants. The veto will inspire confusion, waste, and fraud during elections. Under SB 521, no local official that successfully completed their duties would be given additional work. The Commonwealth of Virginia has failed its voters.”

In a 2017 report detailing the prevalence of “noncitizens” being removed from Virginia’s voter rolls, PILF noted a number of bills previously vetoed like SB 521:

A separate 2017 report detailed best practices for states to consider when modernizing voter registration procedures—officially probing bloated voter rolls being one of them.

Public Interest Legal Foundation (PILF) is a 501(c)(3) public interest law firm dedicated to election integrity. The Foundation exists to assist states and others to aid the cause of election integrity and fight against lawlessness in American elections. Drawing on numerous experts in the field, PILF seeks to protect the right to vote and preserve the Constitutional framework of American elections.

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PILF Sues Harris County, TX for Data on Noncitizen Voters

Foundation Alleges Harris County Violated Motor Voter Law

(HOUSTON, TX.) – March 29, 2018: The Public Interest Legal Foundation (PILF) filed a lawsuit today against the Office of the Harris County Voter Registrar for failing to disclose noncitizen registered voter records as required under federal law (PILF v. Harris Bennett 4:18-cv-00981).

Harris County refused to allow the foundation to inspect or be furnished documents related to noncitizen registered voters either reporting their own unlawful registration or discovered thanks to officials efforts. The County’s actions constitute an apparent violation of the National Voter Registration Act of 1993.

“Harris County has previously admitted a problem with noncitizen registration and voting,” PILF President and General Counsel J. Christian Adams said. “Election officials should be transparent, and in fact are required by federal law to be transparent. Our requests to inspect records will help educate lawmakers and the public alike on how noncitizens are gaining entry into the voting system; how long they remain; how they vote; and what we can do to fix the issue. The question is not if—but how many noncitizens are participating? Harris County cannot expect to get away with avoiding its federal transparency responsibilities.”

On multiple occasions, noncitizen voter registration and voting has been documented in Harris County.

In a January letter submitted to Harris County, officials were given final notice that they faced “federal litigation should [they] continue to deny access to the requested records” related to noncitizen voters on the rolls.

Harris County declined the PILF’s original request to inspect records related to registrants who were later removed following official discovery or admitted non-citizenship on January 11.

Section 8 of the National Voter Registration Act of 1993 allows individuals to request inspection or seek copies of “records concerning the implementation of programs and activities conducted for the purpose of ensuring accuracy and currency of official lists of eligible voters,” the PILF noted.

For a detailed look at the fact pattern leading to today’s lawsuit, click here.

The Public Interest Legal Foundation has built a record of case studies uncovering noncitizen voter registration and voting in a growing number of states.

A copy of the case fact sheet can be found, here.

The complaint and exhibits filed as of today may be accessed at the PILF website, here.

The case was filed in the United States District Court for the Southern District of Texas, Houston Division. The case number is 4:18-cv-00981.

Attorneys for the Public Interest Legal Foundation are J. Christian Adams, Noel H. Johnson, and Joseph Vanderhulst. Brenham-based Andy Taylor of Andy Taylor & Associates, P.C. serves as local counsel.

Public Interest Legal Foundation (PILF) is a 501(c)(3) public interest law firm dedicated to election integrity. The Foundation exists to assist states and others to aid the cause of election integrity and fight against lawlessness in American elections. Drawing on numerous experts in the field, PILF seeks to protect the right to vote and preserve the Constitutional framework of American elections.

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J. Christian Adams Praises Inclusion of Citizenship Question in 2020 Census

(ALEXANDRIA, VA.) – March 27, 2018: Public Interest Legal Foundation (PILF) President J. Christian Adams praised the Trump Administration’s move to include a citizenship question in the coming 2020 Census.

“Only citizens should be given political power. Our current system leads to noncitizens being allocated political power in legislatures at the expense of citizens. I applaud the Trump Administration’s decision to include the citizenship question in the 2020 Census. It’s critical that the next redistricting cycle account for the citizen residents of districts so urban centers do not unfairly profit from the political subsidy that higher noncitizen populations provide. This carries the nation one step closer to preventing against actual foreign influences in our elections.”

Public Interest Legal Foundation (PILF) is a 501(c)(3) public interest law firm dedicated to election integrity. The Foundation exists to assist states and others to aid the cause of election integrity and fight against lawlessness in American elections. Drawing on numerous experts in the field, PILF seeks to protect the right to vote and preserve the Constitutional framework of American elections.

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J. Christian Adams to Tucker Carlson: Noncitizens are Voting in Texas

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