Ken Paxton interrupts investigation into civic group’s voter registration efforts

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

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

Jolt said in his original request for a temporary restraining order that Paxton’s investigation would irreparably harm the organization and its associates by revealing personal information and potentially putting its workers, volunteers and associates in harm’s way.

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

The background

Jolt’s lawsuit came as Paxton, a Republican, tried to defend baseless claims that Democrats are allowing non-citizens into the country so they can vote in large numbers. It also followed unprecedented attempts to investigate or off nonprofit social aid organizations that assist migrants and Latinos.

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

Parker County’s election administrator and Republican county chairman told the media that there is no evidence to support the allegation. Experts say there is no evidence that people who are not American citizens vote in elections in large numbers. And before anyone is allowed to vote, local and Texas officials verify their eligibility.

But on Aug. 31, Jolt, which had registered people to vote outside Department of Public Safety offices in Fort Worth, received a “Request for Review” from Paxton’s office asking the organization to turn over several documents, including the information they provide about the voter registration process and any voter registration receipts they have completed.

In his lawsuit, Jolt said Paxton did not identify why the nonprofit needed to provide the information and did not accuse the organization of any wrongdoing. The group also said Paxton did not obtain permission or authority from a court to obtain the documents, but instead requested a “Request for Examination” under state law governing the organization of businesses.

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

Why did he sue Jolt?

The group said it was concerned that the attorney general’s office would release the information it was seeking from the organization, which its leaders said would harm its workers and its reputation in the Latino community.

Two days after Bartiromo’s tweets, people began posting on social media without evidence that Jolt was a “Marxist nonprofit” helping undocumented immigrants register to vote. Some people posted videos on social media claiming to confront the group’s volunteer deputy registrars. Other users have responded to these social media posts with threatening comments such as “Target Practice” or saying they want to “hunt” people who worked with Jolt. A social media user responded by posting the name of one of the group’s board members.

In light of these threatening comments, Jolt’s board decided it could not comply with Paxton’s request without jeopardizing the safety of its volunteers or the people it works to enroll. Retrieving the information, the group said, could also subject those people to being targeted by Paxton.

The group said it is already feeling the effects of Paxton’s investigation. Some of its previous partners have been less willing to cooperate with the group, and its number of volunteer deputy registrars has dwindled since the investigation began.

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

What Paxton says

Paxton’s office could not be reached for comment when the lawsuit was filed. But in the past, his office has said without evidence that “Texans are deeply concerned that organizations claiming to help with voter registration may be illegally registering citizens to vote.”

He asked why organizations were registering to vote outside DPS centers when citizens are already given the opportunity to register to vote when conducting business at DPS offices.

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

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

The idea that mass numbers of non-citizens are voting is a winning topic for many Republicans, including former President Donald Trump, this year’s GOP presidential nominee, who repeated similar claims, including during this week’s presidential debate.

This article originally appeared in The Texas Tribunea nonpartisan, member-supported newsroom that informs and engages Texans about state politics and policy.