LWV vs. DHS Ligitation Update
The Texas Secretary of State is currently using the federal SAVE system (which is different from the proposed SAVE Act) to verify voter citizenship. Through this system, nearly 3,000 registered voters in Texas were flagged as potential noncitizens. These names were sent to county election officials for verification or possible removal from the voter rolls.
Reports from across the state indicate inconsistent county responses. Some counties have declined to process the referrals, others have sent notification letters to voters, and some have proceeded with removing voters from the rolls. We are also aware that a number of voters flagged by the SAVE system are, in fact, U.S. citizens—some of whom provided proof of citizenship when registering through the Texas Department of Motor Vehicles.
In response, LWVTX joined a lawsuit against the Department of Homeland Security on January 21, alongside LWVUS, several other state Leagues, and individual plaintiffs. The lawsuit challenges the use of the SAVE system for voter eligibility verification and highlights serious concerns about its accuracy and reliability.
LWVTX staff are working closely with the legal team to identify and assist affected voters. This includes sending letters to Texas voters who received notices questioning their citizenship status, ensuring they are informed of their rights and next steps to protect their voter registration.
DOJ Request for Texas Voter Registration Data
By now, many of you have likely read the recent Texas Tribune/Votebeat reporting on the Texas Secretary of State’s response to a U.S. Department of Justice (DOJ) request for the state’s voter registration list. The DOJ has requested voter registration data from states nationwide, including private or nonpublic information such as Social Security numbers.
The DOJ is currently suing 23 states that have either refused or failed to provide the requested information. Texas is among 11 states that have complied or indicated their intent to comply. Texas Secretary of State Jane Nelson signed a memorandum of understanding (MOU) with the DOJ and transmitted the voter registration list, which includes voters’ private data.
Importantly, Texas accompanied its compliance with a letter stating that the state will continue to adhere to the National Voter Registration Act (NVRA) and Texas election law. This clarification is significant because one provision of the DOJ’s MOU requires states to purge voter rolls within 45 days of being notified by the DOJ that a registered voter may be ineligible. Depending on timing, this requirement could conflict with federal law: the NVRA prohibits systematic voter removals within 90 days of a federal election. In addition, Texas election law requires that voters be notified of a pending purge and given an opportunity to correct any issues before being removed from the rolls.
The League is deeply concerned about both the potential misuse of voters’ sensitive personal data and the implications this request could have for voter protections, particularly under a Trump administration DOJ.
What the League Is Doing
Monitoring compliance: LWVTX, Election Protection, and other voting rights organizations are closely monitoring Secretary Nelson’s actions to ensure full compliance with the NVRA and Texas election law, as she has stated she will do.
Supporting litigation efforts: At the national level, LWVUS is focusing its litigation strategy on states that are resisting the DOJ’s data request. LWVUS, in partnership with state Leagues, is involved—through direct lawsuits or amicus briefs—in litigation in 16 of the 23 affected states.