Texas AG Challenges Biden Over Access To Voter Verification Data

Building dome with US and Texas flags, blue sky.

Texas Attorney General Ken Paxton has filed a lawsuit against the Biden administration, alleging failure to provide crucial voter citizenship verification data for up to 450,000 registered voters.

At a Glance

Paxton sues Biden administration over access to voter citizenship verification data
Lawsuit concerns potential verification of up to 450,000 voters’ citizenship status
Texas claims federal non-compliance hinders ability to ensure fair elections
Suit filed just before election, with early voting already underway in Texas
Democrats criticize the move as potential voter intimidation

Paxton’s Legal Challenge to Biden Administration

Texas Attorney General Ken Paxton has escalated his efforts to verify voter citizenship status by filing a lawsuit against the Biden administration. The legal action targets the federal government’s alleged failure to provide essential data for verifying the citizenship of registered voters in Texas. Paxton claims this lack of cooperation threatens the integrity of the state’s electoral process and potentially compromises the accuracy of its voter rolls.

The lawsuit, which names several federal entities including the Department of Homeland Security and Secretary Alejandro Mayorkas as defendants, comes at a critical time, with early voting already underway in Texas. Paxton argues that the federal government’s non-compliance with information requests hinders Texas’s ability to ensure free and fair elections.

Attorney General Ken Paxton Sues Biden-Harris Administration for Refusing to Verify the Citizenship Status of Potentially Ineligible Voters on Texas Voter Rolls: https://t.co/DuQ74eE2QI

— Texas Attorney General (@TXAG) October 22, 2024

The Controversy Over Voter Citizenship Verification

At the heart of the dispute is the Department of Homeland Security’s Systematic Alien Verification for Entitlements (SAVE) program, an optional service that allows states to confirm the citizenship status of voters. Paxton contends that this program is inadequate for Texas’s needs, particularly concerning voters who did not use Texas-issued IDs to register.

“The Biden-Harris Administration has refused to comply with federal law, presenting yet another obstacle for Texas to overcome in ensuring free and fair elections in our state. The law demands that they provide important information regarding the citizenship of nearly half a million potentially ineligible voters. Since the Biden-Harris Administration has chosen to ignore the law, I will see them in court,” AG Paxton said.

The attorney general’s office has identified approximately 450,000 registered voters whose citizenship status remains unverified. These individuals registered without a Texas-issued driver’s license or ID card, prompting Paxton to demand federal assistance in confirming their eligibility to vote.

Federal Response and Democratic Criticism

The Department of Homeland Security has defended its position, stating that the SAVE program is the most secure and efficient method for verifying citizenship status. In response to Texas’s requests, USCIS Director Ur M. Jaddou informed Texas Secretary of State Jane Nelson that the agency cannot offer an alternative process for voter list maintenance.

“The Systematic Alien Verification for Entitlements (SAVE) program is the most secure and efficient way to reliably verify an individual’s citizenship or immigration status, including for verification regarding voter registration and/or voter list maintenance,” the agency’s director, Ur M. Jaddou, wrote to Nelson, adding that the agency “currently cannot offer an alternative process to any state.”

Democrats have criticized the Republican-led efforts as potential voter intimidation that could suppress eligible voters. They argue that noncitizen voting is rare and does not significantly impact election outcomes. Meanwhile, Paxton and other Republicans, including former President Trump, have consistently raised concerns about the integrity of voter rolls and the potential for noncitizen voting.

Implications for Texas Elections

As the legal battle unfolds, the implications for Texas elections remain uncertain. The Texas Secretary of State has joined Paxton’s lawsuit as a co-plaintiff, underscoring the state’s commitment to pursuing this matter. However, experts caution that there is no evidence of widespread noncitizen voting affecting election outcomes.

While Paxton acknowledges that most individuals whose citizenship status is being checked are likely lawful voters, he insists on the importance of verifying every registered voter’s eligibility. The outcome of this lawsuit could have significant ramifications for how states access and use federal data for maintaining voter rolls, potentially setting a precedent for future election integrity measures across the country.