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As the 2024 General Election date approaches, the concern over the integrity of Texas’s voter rolls has become a central issue. A key point of contention is the challenge of verifying the citizenship of voters, especially as federal law restricts states from requiring proof of citizenship when individuals register to vote. This has led Texas state leaders, including Texas Attorney General Ken Paxton (R) and Texas Secretary of State Jane Nelson (R), to take action in an attempt to ensure that only U.S. citizens are registered and allowed to vote.
Attorney General Paxton’s Letter to Secretary Nelson
Wednesday, Paxton submitted a letter to Nelson highlighting the crucial need for election integrity and the barriers federal regulations presented in verifying voter registration applicants’ citizenship status. Paxton pointed out the ongoing effects of federal immigration policies, which have led to significant challenges in managing voter rolls, particularly with the surge in illegal immigration.
Paxton’s letter underscored a federal mandate requiring the federal government to assist states in confirming the citizenship of registered voters. However, federal law prohibits states from demanding proof of citizenship from individuals registering to vote. This paradox has left Texas with limited means of confirming voter eligibility. Nevertheless, federal law still obligates the U.S. government to provide states with citizenship verification upon request.
Paxton went on to attach a draft letter for Secretary Nelson to send to the U.S. Citizenship and Immigration Services (USCIS), which would formally request access to federal citizenship databases. This step, Paxton argued, was necessary to verify the citizenship status of a specific list of registered voters whose status could not be determined by state resources alone.
Secretary Nelson’s Response and Actions
Responding to Paxton’s call for action, Nelson sent her own formal letter to the federal government shortly after receiving Paxton’s communication. In her letter to the USCIS, Nelson requested assistance in obtaining citizenship or immigration status information for individuals on the state’s voter rolls whose citizenship could not be verified through state channels.
Nelson’s request pointed out that, under federal law, the USCIS is obligated to respond to inquiries from state governments regarding the citizenship status of individuals registered to vote. Texas law requires that voter rolls are continuously updated to remove ineligible voters, including non-U.S. citizens, and Nelson emphasized that this collaboration with the federal government was necessary for Texas to fulfill its obligations to federal and state election laws.
The specific request from Secretary Nelson included a list of voters whose citizenship could not be confirmed through standard state verification methods, such as driver’s license data provided by the Texas Department of Public Safety (DPS). This list of voters was compiled from public records and other state databases, and Nelson’s office requested the USCIS to cross-reference this data with its own citizenship records to determine which individuals were eligible to vote.
Broader Context: Texas Voter Roll Maintenance
This effort comes at a time when Texas is conducting large-scale voter roll maintenance. According to Governor Greg Abbott, the state recently removed over one million names from its voter rolls, including 6,500 suspected non-citizens. Most of the removals were due to deceased individuals or voters placed on the suspense list (voters whose eligibility is in question).
At the same time, federal legislation such as the Safeguard American Voter Eligibility (SAVE) Act, which seeks to require proof of citizenship for voter registration, has been in discussion. However, political opposition at the federal level has prevented this measure from being implemented as law.
The Legal Framework
Both Paxton and Nelson’s actions are grounded in existing federal and state laws. Federal law prohibits states from requiring proof of citizenship for voter registration, but it also mandates that the federal government assist states in verifying citizenship when requested. Specifically, 8 U.S.C. § 1373(a) states that no federal or state entity may prohibit the sharing of citizenship or immigration information with the Immigration and Naturalization Service (now USCIS). Additionally, states have the right to request this information when performing their legal obligations, such as voter roll maintenance.
For Texas, state laws reinforce these efforts. The Texas Election Code mandates that the Secretary of State’s office maintain the integrity of the voter rolls, ensuring that ineligible voters, including non-citizens, are removed. This responsibility is enforced through periodic updates, investigations by county voter registrars, and communication with federal agencies like the USCIS.
Conclusion
The efforts by Texas Attorney General Ken Paxton and Texas Secretary of State Jane Nelson represent a concerted push to uphold the integrity of Texas elections by ensuring that only U.S. citizens are registered to vote. This initiative highlights the tension between federal and state election laws, particularly regarding the verification of voter citizenship. As the 2024 elections draw nearer, the outcome of these efforts may have a significant impact on how Texas manages its voter rolls and safeguards its elections.
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