Texas Likely Inflated Number of Noncitizens Removed From Voter Rolls — ProPublica

In late August, with a hotly contested presidential election less than three months away, Texas Gov. Greg Abbott boasted that the state had removed more than 1 million ineligible voters from its rolls, including more than 6,500 noncitizens.

The Republican governor said the Texas secretary of state’s office was turning over nearly 2,000 of those characterized as noncitizens to Attorney General Ken Paxton for investigation because records showed they had a voting history.

“Illegal voting in Texas will never be tolerated,” Abbott said in a press release.

The former registered voters whom Abbott called noncitizens, and the other people removed from the rolls since September 2021, were taken off through a routine practice local election officials conduct that includes culling the names of people who have moved or died. Election experts have urged caution in using the numbers to make definitive statements about registered noncitizens.

But Abbott did just that, initially stating in his news release that thousands of noncitizens had been stripped from the rolls.

His office then edited the press release after publication, softening it by adding the word “potential” before noncitizens.

Abbott’s claims helped to fan ongoing unsubstantiated Republican allegations that noncitizens plan to cast ballots en masse to sway elections for Democrats, assertions that former President Donald Trump and his party are using to cast doubt on the integrity of the upcoming November election.

An investigation by ProPublica, The Texas Tribune and Votebeat, however, found that the governor’s claims about noncitizens on the rolls appear inflated and, in some cases, wrong.

The secretary of state’s office identified 581 people, not 6,500, as noncitizens, according to a report it gave Abbott in late August that the newsrooms obtained through a public information request.

In response to questions about the basis for Abbott’s larger number, the secretary of state’s office told the news organizations that it had “verbally” provided the governor’s office with a separate number of people removed from the rolls who failed to respond to letters alerting them that there were questions about their citizenship.

The governor’s news release combined the two figures.

That means U.S. citizens who simply never received or responded to such letters are almost certainly included in Abbott’s 6,500 number. Abbott did not respond to requests for comment, and Secretary of State Jane Nelson declined to be interviewed.

After attempting to contact more than 70 people across both categories, the news organizations have so far found at least nine U.S. citizens in three Texas counties who were incorrectly labeled as noncitizens or removed from the rolls because they did not respond to the letters about their citizenship. In each case, they showed reporters copies of their birth certificates to confirm their citizenship, or reporters verified their citizenship using state records.

One of them is 21-year-old Jakylah Ockleberry.

Ockleberry, a native Texan who provided the news organizations with a copy of her birth certificate, had only left the state twice in her life, including a recent trip to California.

She had no idea Travis County had mislabeled her as a noncitizen until the news organizations contacted her. “How would something like that happen?”

When the governor’s press release came out, election experts and local officials were worried about cases such as Ockleberry’s, saying the press release implied officials had confirmed the noncitizen status of 6,500 people when they had not.

Five years ago, Texas officials suggested that nearly 100,000 noncitizens were registered to vote and that nearly half of them had cast ballots. Those claims quickly unraveled under scrutiny and spurred a lawsuit and settlement that now governs how Texas can flag someone as a potential noncitizen.

Asked whether the nine people the news organizations identified as U.S. citizens were included in Abbott’s latest figure, the secretary of state’s office said it could not confirm or deny the inclusion of any specific people. Local election officials said they don’t know which voters were included in Abbott’s tally, but emphasized the data originates at the county level.

The discrepancies show the pitfalls inherent in using this data to make assertions about noncitizens.

In Ockleberry’s case, as well as those of four others the newsrooms identified in Travis County, election workers should have selected a code that indicated the voters had moved. Instead, they mistakenly selected a code for noncitizens.

Bruce Elfant, the Travis County tax assessor-collector and voter registrar, acknowledged the errors made by his office. But he also said the numbers suggested that noncitizen voting “is an infinitesimal, small issue.”

Routine maintenance of voter rolls is important, and if noncitizens are registered, they should be removed, said Marc Meredith, a professor of political science at the University of Pennsylvania and an expert on election administration.

But Meredith said Abbott’s decision to announce without explanation that 6,500 noncitizens were removed from the rolls, and to initially do so without qualifying that these were only potential noncitizens, “reduces trust in the Texas voter registration process in an unnecessary way.”

Routine Maintenance, Political Purpose

Voter rolls are naturally fluid. People move, die, become citizens and turn 18. Election officials across the country are constantly adding and removing people for legitimate reasons.

“So long as we have requirements about keeping lists clean, and so long as we don’t have a police state that has a single database with all of our names in it, like in much of the rest of the world, including democratic nations, we’re going to come across these sorts of problems,” said Charles Stewart III, director of the MIT Election Data and Science Lab.

Elfant, for one, said he was frustrated by Abbott’s public promotion of voter removal data. He said the governor’s press release created confusion among residents who feared they might have been wrongly removed and would not be able to cast ballots in the upcoming presidential election.

“It scared a lot of people. We’ve received a lot of phone calls and emails from people who are concerned that they’re not on the voter rolls,” Elfant said.

Any number of things can trigger a question about a voter’s eligibility.

For example, county registrars contact anyone who has marked on a jury summons that they’re not a citizen. The registrars need to confirm if that’s true, because it would mean the person is also ineligible to vote. The secretary of state’s office also gets information weekly from the Texas Department of Public Safety about people who have signed up for licenses and state identification and identified themselves as noncitizens. That information is then sent to counties.

In such cases, county election officials must follow up. They are required by law to notify voters and give them 30 days to respond before they’re removed from the rolls.

But election officials know those safeguards don’t always work.

“The post office messes up. We get a lot of cards back or mail back that says ‘undeliverable’ and the person will be like, ‘I’ve lived at this address for 20 years and I’ve never moved,’” said Trudy Hancock, elections administrator in Republican-leaning Brazos County, home to Texas A&M University. “So you have to consider that there are outside circumstances that can affect our efforts to reach them.”

Failure to respond to a letter questioning someone’s citizenship is not a confirmation that they are not a citizen, election officials said.

The 2019 episode, when the secretary of state’s office announced that it had identified 95,000 registered voters as potential noncitizens and said that more than half of them had previously cast ballots, highlighted failures in the process.

Paxton, the attorney general, immediately turned to social media, posting “VOTER FRAUD ALERT.” Abbott thanked Paxton and the secretary of state’s office on Twitter for “uncovering and investigating this illegal vote registration.” Trump also piled on with a tweet calling the state’s numbers “just the tip of the iceberg.”

Voting rights groups sued, decrying the state’s efforts as deliberate attempts to suppress the votes of actual citizens. Texas’ assertions didn’t hold up. Many of the flagged registered voters turned out to be naturalized citizens whom the state incorrectly identified as ineligible because it was using outdated DPS data from driver’s license and state identification card applications. (DPS did not respond to a request for comment for this story.)

The state settled the case and agreed to only flag people with the secretary of state’s office if they identify as noncitizens when applying for a new ID with DPS and if they previously registered to vote.

State officials should be transparent about how they arrived at the latest assertions, said David Becker, executive director and founder of The Center for Election Innovation & Research.

The state appears to have presented a figure without fully explaining its methodology or double-checking the information, said Becker, who is a former senior trial attorney in the voting section of the U.S. Justice Department’s Civil Rights Division.

If the governor presented this data in a court of law without evidence, Becker believes it wouldn’t stand up to scrutiny.

“Their claims would likely be dismissed until they could come up with something that actually documents how they got to those numbers,” he said.

Labeled Noncitizens

When Justin Comer, 29, heard that the state had removed thousands of noncitizens from the voter rolls, it never occurred to him that he might be one of them. Comer was born in Harris County, the home of Houston, and grew up in conservative Montgomery County just outside the city. He said he’d been registered to vote there since he was 18 and had cast ballots in presidential elections since then.

“I’ve always been interested in especially local politics, and just making sure I stay up to date with that,” Comer said in a phone interview. “I’m always pushing my wife now, I’m like, ‘Hey, we need to stay active in that respect and do our part.’”

It wasn’t until the news organizations contacted him that he made the connection between a peculiar voter registration issue he encountered last year and the Republican leaders’ sweeping noncitizen voting claims.

In 2023, he received a notice from the county elections office that he’d been flagged as a potential noncitizen. He needed to show proof of his citizenship in the next 30 days or his registration would be canceled. The letter Comer received indicated he’d said he wasn’t a citizen in a response to a jury summons. Comer assumes he clicked the wrong button when responding to the notice online; he had meant to reply that he had moved. He’s now registered to vote in Collin County, where he lives.

“I was more just confused,” Comer said. “I’ve lived in Texas my whole life. It was never a question for me.”

In some cases, it’s unclear what happened. Diana Colon spent much of her life in the mountains of Puerto Rico, in the town of Aibonito, but moved to El Paso County on the far western edge of Texas in 2018 to be closer to her daughter.

She was surprised when she learned the county had kicked her off its voter rolls after she apparently failed to respond to a question about her citizenship. Puerto Rico is a U.S. territory, and she is an American citizen. She showed a copy of her birth certificate to a reporter.

“That’s crazy,” she said.

Colon does not recall registering to vote, though the county said it received an application from her at some point in which she did not answer a question about her citizenship. Public information the county provided the news organizations indicated she was flagged as a potential noncitizen in DPS data.

Colon has since moved to California but would like to return to the El Paso area and would register to vote, if only to clear up the fact that she can. “I wouldn’t like people saying I’m not a U.S. citizen,” she said in an interview.

There are almost certainly additional U.S. citizens among the thousands of removed voters Abbott characterized as noncitizens. For example, reporters identified Texas birth certificates for another two voters whose registrations in Montgomery County were canceled for not responding to questions about their citizenship. The news organizations could not reach those voters for comment.

Noncitizens have occasionally voted, but experts say these cases are rare and there is no evidence that they affect election outcomes. Noncitizens who vote face criminal penalties, including the loss of their residency status and deportation. In 2017, Rosa Ortega, a U.S. permanent resident living in North Texas, said she believed her green card authorized her to vote and cast five ballots over a decade. A Tarrant County jury convicted her of voter fraud and sentenced her to eight years in prison.

Meredith, the University of Pennsylvania elections expert, said he wouldn’t be surprised if some people removed from the Texas rolls are indeed noncitizens who had cast ballots in a previous election. But that doesn’t mean the problem is widespread. “You shouldn’t use the fact there may be a few as evidence that it happens all the time,” Meredith said.

Reporters also found some noncitizens, including two who said they had inadvertently registered after receiving what they said were unsolicited voter registration applications, an ongoing concern for Republicans who believe this kind of outreach will result in large numbers of noncitizens signing up to cast a ballot. One got the application from a voting advocacy group. But the other got it while filling out other state paperwork.

In both cases, they had truthfully filled out the form and said they were noncitizens. Neither voted. Election workers in the two counties involved, Collin and Travis, said those voter registration applications should not have been processed because the applicants identified themselves as noncitizens and both people were added to the rolls through clerical error.

One of them, Austin resident Son Mai, had no idea he had ever been on the rolls until a reporter contacted him.

The news organizations viewed three voter registration applications from Mai in which he checked a box saying he was not a U.S. citizen. They interviewed Mai, who is originally from Vietnam and speaks limited English, through an interpreter.

Mai, who has been a permanent resident and green card holder for over 40 years, receives Social Security disability benefits and food stamps. Voter registration applications are included with that paperwork, which he believes is how he was mistakenly signed up.

However, Mai always marked that he is not a U.S. citizen on the forms, the county confirmed. As a result, Travis County should have automatically rejected his application, but elections officials said he was accidentally added to the rolls instead. The county confirmed Mai has never voted, though he said he hopes to become a naturalized citizen.

“I told them I couldn’t vote,” he told the reporters. “I never vote.”

Building a Case

With the election less than a month away, claims about noncitizen voting have continued to ratchet up despite numerous elections experts saying such instances are very rare. These efforts can have significant consequences.

The Republican National Committee filed a lawsuit last month in Nevada alleging that nearly 4,000 noncitizens may have cast ballots in the 2020 presidential election and that thousands could vote in the coming election. (Nevada’s former secretary of state, who is Republican, did not find evidence to substantiate the 2020 claims during an investigation at the time).

Last month, the Justice Department filed suit against Alabama after its secretary of state flagged more than 3,000 alleged noncitizens and instructed county officials to remove any noncitizens from their voter rolls, although systemic voter roll cleaning is illegal so close to a federal election. In a statement, the Justice Department said its review found that naturalized and native-born American citizens had been caught up in the effort.

In Texas, both Abbott and Paxton have promoted claims of noncitizens seeking to vote in the November election.

On a single day in August, Paxton said his office would investigate an allegation that nonprofits were setting up booths outside state driver’s license offices and signing up noncitizens to vote, which followed an unfounded claim peddled by a Fox News host, and announced his agency had raided homes in three South Texas counties to investigate allegations of voter fraud. The next day, the attorney general appeared on the radio show of conservative personality Glenn Beck pushing debunked claims that President Joe Biden is allowing immigrants to enter the country illegally so they can vote for Democrats in elections.

In recent weeks, Paxton put out a flurry of news releases, continuing the hunt for noncitizen voters.

Paxton, who did not respond to a request for comment, sent a public letter to Nelson, the secretary of state, last month urging her to demand the federal government’s assistance in identifying potential noncitizens on the rolls.

But Nelson, a Republican and an Abbott appointee, apparently didn’t move aggressively enough for Paxton. In an Oct. 2 news release, the attorney general expressed frustration with Nelson, saying she had not provided the federal government any information about the possible noncitizens. He then asked Nelson’s office to provide him with the list of names so he could send it on to the government himself.

Hours later, Nelson provided Paxton the voter records for anyone who does not have a Texas driver’s license or identification card number on file in its statewide voter registration system. The list was accompanied by an explicit warning.

“The records do not reflect, and are in no way indicative of, a list of potential non-United States citizens on the State’s voter rolls,” Nelson wrote.