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The clock is ticking on a federal lawsuit against Bexar County’s elections office for concealing public records that will show if non-citizens are registering to vote.
Through attorneys, Bexar County elections officials are continuing to deny a request to inspect records of non-citizens found on the county’s voter rolls. Denying access to public voter list records violates federal law.
The National Voter Registration Act, also known as the “Motor Voter” law, requires local election officials to maintain accurate voter registration lists and allow public inspection of all records relating to list maintenance programs.
The Public Interest Legal Foundation (PILF) advised county attorneys again today that:
“Bexar County is in violation of the NVRA as of December 20, 2017 and pursuant to the NVRA’s private right of action provision, Bexar County is subject to federal litigation if the violation is not cured.”
PILF sent an NVRA disclosure request to Bexar County Elections Administrator Jacque Callanen on December 1 asking to inspect records of non-citizens who registered to vote and then were later removed from the voter rolls after the county discovered they weren’t citizens.
It’s a violation of both federal and state law for non-citizens to register to vote.
Bexar County Assistant District Attorney Clarkson Brown responded on December 14, telling PILF that if representatives appeared for inspection at county offices, they would be denied access. Brown claimed, incorrectly, that the NVRA’s disclosure and inspection requirements don’t apply to county-level elections officials.
In its December 20 NVRA violation notice, PILF advised the Assistant DA that a federal court in Texas has ruled otherwise.
Brown continued to deny PILF’s request in a January 5 letter, arguing this time that the NVRA doesn’t apply to the requested records.
Today, PILF again cited case law clearly negating the county’s argument.
PILF has successfully sued counties in Texas and other states for failing to comply with the NVRA. The law firm, which is dedicated entirely to election integrity, has also discovered non-citizens registering and voting in multiple states including Virginia, Pennsylvania, and New Jersey.
Is that what officials in Bexar County are hiding?
They have until March 20 to come clean. Under NVRA rules, county officials have 90 days from the violation date to allow PILF access to the records or face legal action.