Texas AG threatens lawsuit if Harris Co. decides to send out unsolicited voter registration forms

HOUSTON, Texas (KTRK) -- Harris County Commissioners are responding to a letter sent Monday by Texas Attorney General Ken Paxton, who threatened a lawsuit if they decide to send out unsolicited voter registration applications in the mail.

This comes after Paxton launched a voter fraud investigation that led to raids at the homes of at least six members of LULAC, a Latino civil rights group. No charges have been filed against any of the people targeted in the searches that took place two weeks ago. LULAC has asked the U.S. Department of Justice to intervene.

READ MORE: LULAC wants federal investigation of Texas AG over home searches tied to voter fraud probe

In Paxton's letter to Harris County, he wrote that mailing "unsolicited voter registration applications to an untold number of Harris County residents regardless of whether those residents have requested such an application or are even eligible to vote" is illegal.

Pct. 3 Commissioner Tom Ramsey applauded Paxton's warning.

"We have experienced many problems in past elections, and it's essential we restore the public's trust and confidence in how we conduct elections going forward. I strongly recommend that we adhere strictly to the attorney general's advice," Ramsey wrote in a statement to ABC13.

So, is sending out unsolicited voter registration forms actually against the law? Mark Jones, who teaches political science at Rice University, said that Texas election law does not prohibit or permit counties from doing so.

But Jones could see Paxton arguing in court that this could lead to ineligible people, such as felons or noncitizens, trying to register to vote.

"In reality, what we're dealing with here is a gray area. If any noncitizens or felons fill out that form because they received it from the county and thought they were eligible to do so, those individuals would be committing a crime and could be charged or jailed. Paxton could argue that the county would, by de facto, have induced them to do so," Jones said.

All of this doesn't matter, though, according to a spokesperson for Pct. 1 Commissioner Rodney Ellis' office. Even though Harris County Commissioners voted in August to move forward with a proposal that would expand voter registration efforts, the item was pulled from the agenda last week for further revision.

The spokesperson said it is unlikely that commissioners will have enough time to revisit the proposal since there is only about a month left before the voter registration deadline.

Ellis believes Paxton's letter is all an act of political theater.

"It is abundantly clear that the attorney general's motivation is pure voter intimidation," Ellis wrote in part to ABC13. "I will not give extremists in Austin the benefit of dismissing their false claims as imaginary violations or even political delusions prompted by their presidential candidate."

Jones said both sides are trying to appease their voter base.

"I think this has to do more with politics than actual voter registration. Democrats who control the Commissioners Court knew full well that Paxton would oppose this and most likely block it. But this is a way for them to score political points here in Harris County by signaling that they're trying to register people to vote," said Jones. "Republicans in Austin, such as Ken Paxton, can show they are actively trying to keep those people from being registered."

Paxton sent a similar letter to Bexar County Commissioners, who voted Tuesday on whether to hire a private company to mail out voter registration forms. According to the Texas Tribune, the proposal passed despite Paxton's threat to pursue legal action.

Paxton did not respond to inquiries from ABC13 with follow-up questions to his letter.

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