Ken Paxton agrees to pause Texas group’s voter registration investigation

A nonprofit focused on increasing Latino civic participation can continue its work without fear of being shut down by the state after a federal judge on Oct. 24 granted a stay in a lawsuit the group filed against Attorney General General Ken Paxton.

The move came after both sides agreed to pause the case while the courts resolved a separate lawsuit related to the tool Paxton’s office used to investigate Jolt, the Latino engagement nonprofit. Last month, a federal judge in a case involving Spirit Aerosystems ruled that the “request to investigate” tool the attorney general’s office had used to investigate companies and nonprofits, including Jolt, was unconstitutional.

To avoid conflicting court decisions, the two parties in the Jolt lawsuit agreed to pause the case until the Spirit Aerosystems case was resolved.

Jolt had said in his original request for a temporary restraining order that Paxton’s investigation would cause irreparable harm to the organization and its employees through the release of personal information and potentially endanger its employees, volunteers and associates.

“If Jolt were forced to release confidential information to the Attorney General, it would be considered a betrayal of the trust Jolt has earned from the Texas Latino community,” wrote the organization’s attorney, Mimi Marziani, in the lawsuit. “It would make it more difficult for Jolt to interact with others and effectively carry out its mission, and it would likely endanger Jolt employees and others associated with the organization.”

The background: Jolt’s lawsuit came as Paxton, a Republican, tried to substantiate baseless claims that Democrats are allowing noncitizens into the country so they can vote in large numbers. It also followed unprecedented attempts to do so to research or to block non-profit social service organizations that help migrants and Latinos.

In August, Paxton announced that his office was investigating whether organizations in Texas were “unlawfully registering noncitizens to vote” after FOX News host Maria Bartiromo posted on social media that someone had spotted organizations in Parker County and Fort Worth. registering “immigrants” to vote.

The elections administrator and Republican County Chairman in Parker County had told news outlets there was no evidence to support the accusation. Experts say yes no proof that people who are not American citizens vote en masse in elections. And before anyone can vote, local and Texas officials verify their eligibility.

But on August 31, Jolt, who had registered people to vote outside the Department of Public Safety offices in Fort Worth, received a “request to investigate” from Paxton’s office, asking the organization to turn over several documents, including information it provides about the voter registration process and all completed voter registration certificates.

In his lawsuit, Jolt said Paxton gave no reason why the nonprofit had to provide the information and did not accuse the organization of any wrongdoing. The group also said that Paxton had not obtained the permission or authority of a court to obtain the documents, but had instead requested a “request to investigate” under state law that regulates corporate organizing.

If Jolt did not comply with the request, the nonprofit could lose the ability to do business in the state. The nonprofit said in its lawsuit that it is also a Class B misdemeanor to fail to comply with the attorney general’s office’s request.

Why Jolt filed a lawsuit: The group said it was concerned that the attorney general’s office would make public the information it requested from the organization, which leaders said would harm employees and its reputation with the Latino community.

Two days after Bartiromo’s tweets, individuals began posting on social media without evidence that Jolt was a “Marxist nonprofit” that helped undocumented immigrants register to vote. Some people posted videos on social media of themselves confronting the group’s volunteer deputy clerks. Other users responded to these social media posts with threatening comments such as “Target practice” or saying they wanted to “hunt” people who worked with Jolt. One social media user responded by posting the name of one of the group’s board members.

In light of these threatening comments, the Jolt board decided it could not comply with Paxton’s request without endangering the safety of the volunteers or the people it registers. Passing on the information could also cause these people to become Paxton’s targets, according to the group.

The group said it is already feeling the impact of Paxton’s investigation. Some of her former partners have been less willing to work with the group and the number of volunteer deputy clerks has fallen since the investigation began.

Jolt asked the court to declare Paxton’s investigation unconstitutional and issue a preliminary injunction prohibiting Paxton from taking any action to enforce his investigation.

What Paxton says: Paxton’s office could not be reached for comment when the lawsuit was originally filed. But in the past, his office has said without evidence that “Texans are deeply disturbed by the possibility that organizations that claim to assist with voter registration are illegally registering noncitizens to vote.”

He questioned why organizations registered to vote outside DPS centers if citizens are already given the opportunity to register to vote when conducting business inside DPS offices.

“My office investigates every credible report we receive regarding potential criminal activity that could compromise the integrity of our elections,” Paxton said in an Aug. 21 press release announcing his investigation into nonprofits. “Any misconduct will be punished to the fullest extent of the law.”

Paxton has falsely accused President Joe Biden and Vice President Kamala Harris of allowing undocumented immigrants into the country so they can vote for Democrats. In recent weeks, he has said on social media that 6,500 noncitizens have been removed from Texas voter rolls, a number first reported by Gov. Greg Abbott’s office. Voting rights groups have said Abbott’s formulation of that routine process could be used to undermine confidence in elections.

The idea that massive numbers of noncitizens are voting is a winning topic among many Republicans, including former President Donald Trump, the Republican Party’s presidential nominee this year, who has repeated similar claims, including during this week’s presidential debate.

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This article originally appeared in The Texas Tribune bee https://www.texastribune.org/2024/09/13/texas-voter-registration-investigation-paxton-lawsuit/.

The Texas Tribune is a member-supported, nonpartisan newsroom that informs and engages Texans about state politics and policy. More information can be found at texastribune.org.

“Ken Paxton agrees to pause his investigation into a Texas citizen group’s voter registration efforts” was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages them — about public policy, politics, government and state issues.

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