Heart In The Deep Of

VOTER FRAUD ALERT: The @TXsecofstate discovered approx 95,000 individuals identified by DPS as non-U.S. citizens have a matching voter registration record in TX, approx 58,000 of whom have voted in TX elections. Any illegal vote deprives Americans of their voice.

— Ken Paxton (@KenPaxtonTX) January 25, 2019

Ken Paxton, Texas AG, is a political hack.  He's also still awaiting trial on felony charges, which is not a good look for the chief law enforcement officer of the state; but he got re-elected anyway.  So it goes.  But on the subject of these 58,000 "illegal votes," some clarity is required.

First, the Texas SOS (Secretary of State) used DPS (Department of Public Safety, basically Texas Highway Patrol) data "in connection with a motor vehicle record," meaning vehicle registration and/or a driver's license (DPS keeps all such records).  Is this data conclusive proof of non-citizenship status?  No; even the SOS admits that:

All records submitted through this process will need to be treated as WEAK [sic] matches, meaning that the county may choose to investigate the voter, pursuant to Section 16.033, Election Code, or take no action on the voter record if the voter registrar determines that there is no reason to believe the voter is ineligible.

When the POTUS capitalizes a word in a tweet, we all understand he means to emphasize it.  So where does the 58,000 number come from?

In an advisory released Friday afternoon, the office said it was flagging individuals who had provided the Texas Department of Public Safety with some form of documentation — including a work visa or a green card — that showed they were not a citizen when they were obtaining a driver’s license or an ID card. Among the individuals flagged, about 58,000 individuals cast a ballot in one or more elections from 1996 to 2018, the secretary of state's office said.

And what, aside from allowing grandstanding by Paxton (and Trump), does this mean?

That means counties may now choose to investigate the eligibility of the individuals who were flagged, which would require them to send a notice asking for proof of citizenship within 30 days, or take no action. By law, the counties aren't allowed to automatically revoke a voter's registration without sending out such a notice.

It's possible that individuals flagged by the state — who provided DPS with documentation that indicated they were authorized to be in the country — could have become naturalized citizens since they obtained their driver's license or ID card. A spokesman for the secretary of state said officials are "very confident" that the data received from DPS is "current."

I just looked at my Texas driver's license.  It was issued (re-issued) in 2017; it expires in 2023.  If I were not a citizen by birth, but had my application for naturalization in process in 2017, and it had come through by now, how "current" would DPS records be?  Citizenship doesn't affect my driver's license, I don't think I'd have a need to renew it or notify DPS of my changed status until 2023; so how "current" is DPS information?

That's why counties have to investigate these records themselves.  (Yes, power in Texas does devolve to the lowest level of government possible, usually the counties.  Yes, Texas does have a post-Reconstruction Constitution which really needs to be modernized.  Then again, a new Constitution might give Greg Abbott powers he can only dream of now.  Maybe best to leave well-enough alone.)  That's also one more reason this information isn't all that up to date.  The on-line form to renew a Texas DL does list "You are a U.S. Citizen" as a requirement for renewal, but the only information you have to supply is your current license number, a credit card, and your social security number.  It's safe to assume DPS checks your application against a federal database for citizenship information, but that doesn't mention anything about renewing your license because you have been naturalized during the term of your existing license.

Besides, the GOP has been consistently winning elections from 1996 to 2018 in Texas.  Does this mean 22 years of elections are suspect, and the GOP has won based on illegal votes?  Inquiring minds want to know.....