Ken Paxton’s War on Democracy: AG Sues Bexar County

Ken Paxton’s legal strategy aims to silence Texas voters.

Do you remember the viral video exchange between Ken Paxton and Steven Bannon in which Paxton claimed Biden would have won Texas in 2020 if it wasn’t for his meddling?

This video:

Paxton claimed that “Liberal Judges” were sending out mail-in voting applications during the worst pandemic in our lifetimes, and he had to sue them to stop it from happening, including 2.5 mail-in voting applications in Harris County. Paxton claimed that Trump would have lost Texas if it hadn’t been for his lawsuits.

The State of Texas v. Chris Hollins - outcome.

The Republican-majority Texas Supreme Court heard the lawsuit, Texas v. Hollins. The court ruled that Texas law does not grant county officials the authority to send out mail-in ballot applications without a voter request.

The ruling emphasized that voting by mail in Texas is restricted to specific categories of voters, such as those over 65 or those with a disability. The court found that Hollins’ plan to send applications to voters who may not qualify would disrupt the uniformity of election procedures across the state.

Nearly 100,000 Texans died from Covid-19. Harris County was trying to minimize deaths. They were trying to protect their citizens. Unfortunately, Ken Paxton and the Republican Supreme Court decided that voters in Texas would need to risk their lives if they wanted to vote, so those mail-in ballot applications never went out.

Further reading:

• Why Texas Supreme Court Elections Deserve Your Attention

Texas v. Hollins is the premise Ken Paxton uses this year to stop Bexar and Harris County from registering voters.

Harris and Bexar County had item agendas on their Commissioners Court this week to increase voter participation by sending voter registration applications to a targeted list under a vendor contract by Civic Government Solutions.

Monday, Ken Paxton sent letters to both counties warning them he would sue if they proceeded with voter registration.

Full press release and letters here.

Paxton argued that this plan would use taxpayer money to send forms to potentially ineligible individuals (such as felons or non-citizens), which could lead to illegal attempts to register to vote and is against Texas law. He claims that counties do not have the legal authority to print and mail these forms and warns that he will take legal action if the counties proceed with their plans.

After this letter, the Harris County Commissioners Court took this plan off of their agenda. However, the Bexar County Commissioners Court strapped on their holster, tipped their hat, and said, “Let’s do this damn thing.”

You can see the full Bexar County Commissioner Court meeting here.

Somehow, the Republican Party of Bexar County got the message because they showed up to this meeting in force, each repeating the same right-wing drivel.

The far-right propaganda outlet Texas Scorecard called Civic Government Solutions a “Democrat front” because the CEO, Jeremy Smith, has worked with other political non-partisan firms. So, this was one of their main arguments. They also claimed:

• Voter registration is a partisan activity.

• Because of Biden’s “open borders,” there are millions of undocumented migrants in San Antonio waiting to vote for Democrats.

The Bexar County GOP picked their Vice Chair Kyle Sinclair as their spokesperson. Here’s what he had to say:

Kyle Sinclair’s speech is nothing more than right-wing fearmongering designed to distract from the real issue—getting more people registered to vote.

Voter registration ensures that all eligible citizens, regardless of their political affiliation, have the opportunity to participate in democracy. By framing it as a “Democratic plot,” Sinclair deliberately twists the facts to make voter registration seem like a nefarious scheme.

By trying to stop voter registration efforts, the Bexar County GOP is actively working against democracy. They don’t want more people to vote—they want fewer people to vote because they know their policies are unpopular with the majority of Texans. And that’s why Sinclair’s entire argument falls apart. He’s not protecting the integrity of elections; he’s protecting the interests of his party at the expense of fair, democratic participation.

Republican Representative Mark Dorazio (HD122) also participated in this meeting.

This clip is only two minutes long, but holy hell, public speaking isn’t for everyone.

Dorazio has only been in the Texas House for one session, and I don’t remember him defending any of his positions on the front mic. There’s a reason for that.

Note: Dorazio has a Democratic opponent, Kevin Geary, and it’s a competitive seat. I’ll have a complete analysis of this race before early voting starts.

Dorazio’s claim that thousands of non-citizens have registered to vote in Texas is highly misleading. While there may be administrative errors or isolated incidents, robust systems are in place to prevent non-citizens from registering.

Texas law requires individuals to attest under penalty of perjury that they are citizens when they register to vote, and state agencies, including the DMV and federal databases, cross-check this information.

The assertion that non-citizens could successfully register en masse without detection is baseless. Furthermore, the state’s claim of removal of ineligible voters does not imply widespread fraud—Democrats have requested this information from Greg Abbott, but he has yet to provide it. We don’t know if Abbott was telling the truth about the recent voter rolls purge claims.

So, what about its legality?

The Bexar County Commissioners Court discussed that with the county attorney in open court. Here’s what was said:

Here are the main points:

• Bexar County has an Elections Administrator, which Harris County lacks. This distinction means Bexar might have more legal flexibility in handling voter registration, as its Elections Administrator is considered an employee of the county, unlike elected officials in other counties. This distinction affects how the law is applied in different countries.

• The Attorney General’s objections, rooted in past cases, were focused on mail-in ballot applications, not registration forms, which Bexar plans to send out, as they are more broadly available and less restricted by law.

• Recent legislative sessions made voting laws more restrictive, but no known law directly prohibits voter registration efforts. (Wait until the next session before the GOP tries to make it a law.)

Bexar County discussed their concerns and whether the voter registration contract could expose them to legal challenges. Ultimately, under the guidance of the county attorney, they decided that it was something they should be doing to increase voter participation.

Listen to what Commissioner Rebeca Clay-Flores had to say about it at the end of it all:

Commissioner Clay-Flores is literally all of us. Texans are so sick of the Republican games, lies, misinformation, clown shows, and oppressive tactics.

Wouldn’t it be grand to see every county push for mass voter registration while looking Ken Paxton square in the eye and saying, “Are you feeling froggy?” (Remember, that’s why it’s so important to always vote in your city and county elections.)

Like clockwork, today, Ken Paxton launched his lawsuit.

You can see the full lawsuit here. Paxton seeks to prevent Bexar County officials from proceeding with the contract with Civic Government Solutions. He argues that this contract violates state law and local procurement procedures, making it an illegal ultra vires act, meaning that the officials are exceeding their legal authority.

He also states that CGS is partisan, as its CEO has been publicly linked to progressive political causes. Jeremy Smith also spoke to the Bexar County Commissioners Court yesterday.

This video is also longer, but he defends his company’s non-partisan record and says it has nothing to do with who he votes for. He also walked the court through who is sent registration forms and how they know it doesn’t lead to “illegal voting.”

It’s over an hour long, but an excellent reference for more information about this program:

Bexar County is becoming a Democratic stronghold, like Travis, Harris, and Dallas.

The rapid urbanization of Texas has given us so many strong blue counties that are only getting bluer and are willing to fight against our state government. In a time when we’re seeing massive losses of our rights coming from the Legislature in Austin, it’s a good feeling to see so many in local government willing to stand against them.

Over the last two decades, Bexar County has moved 26 points to the left. In the 2024 election, we should expect this county to move another 4 to 5 points left. Winning Bexar County this year by +20 points would go a long way to flipping Texas blue.

Texas isn’t a red state. It’s a non-voting state. Local leaders who are forward-thinking and know the path to a more inclusive state are voter registration what this moment calls for.

Republicans will stop at nothing to make sure people don’t vote. It’s the culture they created—one we must change.

This program by Bexar County would net 75,000 new voters. When people vote, Texas will step out of the dark ages and see a more just society. Until then, Ken Paxton will use every tool to suppress voter registration and participation. Bexar County’s efforts to stand up to Paxton’s bullying and register more voters are not just a local issue—it’s a battleground for the future of our state and our democracy.

Paxton’s lawsuit may temporarily hinder Bexar County (fingers crossed it doesn’t), but it should serve as a rallying cry for every Texan. We can’t afford to sit on the sidelines anymore. Get involved in local voter registration efforts, support officials working to expand access to the ballot box, and, most importantly—vote in every election. It’s time to push back against those who want to silence us. Because when we vote, we win.

Voter early, vote often, just vote.

• October 7: Last day to register to vote.

• October 21: First day to early vote.

• October 25: Last day to apply for a mail-in ballot.

• November 1: Last day to early vote.

• November 5: Election day!

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