Ken Paxton in legal jeopardy over crackdown on 'illegal voting'
Source: Raw Story · Bias: Far Left
Summary
Two weeks before this year’s primary elections, Texas Attorney General Ken Paxton announced the creation of a tip line for the public to report people or groups suspected of voter fraud.“Free and fair elections are a cornerstone of a thriving republic, and with the authority granted to my office by the Legislature, we will stop at nothing to uncover and stop any illegal voting activity,” Paxton said in a February news release announcing the tip line.The announcement linked to guidance from his office about election laws in Texas, which included a requirement to be a U.S. citizen, a prohibition on collecting mail ballots on behalf of others and a warning that “it is illegal to misrepresent your residence on election records or to establish a residence for the purpose of influencing the outcome of an election.”“You must register to vote using the address where you reside,” the attorney general’s guidance stated.Despite his own warnings, Paxton appears to have used an address where he did not live while voting in six elections in the past two years, including in May’s runoff that made him the Republican nominee for U.S. senator, according to records obtained by ProPublica and The Texas Tribune.State Sen. Angela Paxton said in a 2025 divorce filing that Paxton, whom she accused of adultery, moved out of their Collin County home a year earlier. But Paxton continues to list the home’s address in the northern Dallas suburb on his voter registration. Angela Paxton declined to be interviewed. A source close to the Paxtons said the attorney general has not moved back into the home since leaving.It is unclear where Paxton has lived for the past two years, but reporting by ProPublica and the Tribune has linked him to a home in neighboring Denton County since February.Three election lawyers told the news organizations that Paxton may have violated the same Texas laws his office cautioned about in its news release.ProPublica and the Tribune reached out to Paxton’s campaign on June 3, 15 and 25, asking why he remained registered to vote in Collin County when he appeared to no longer live there and about his connection to the Denton County property. A reporter also left a voicemail on his personal cellphone on June 25. The news organizations sent his government office and campaign staff an email on Monday with a detailed list of questions, including a request for Paxton’s response to election lawyers’ belief that he may be violating the law. Paxton and his office did not reply until Monday’s email. Campaign spokesperson Madison Cercy did not answer the questions from the news organizations. Instead, she issued a statement saying that the attorney general has been “a national leader on election integrity, with a long record of defending Texas elections.” Cercy said that “attempting to insinuate otherwise and tear him down with a baseless, lie-filled tabloid story is not real reporting.”Asked twice to provide specifics about what they believed was inaccurate, the campaign did not respond. Voting in an election when the voter is ineligible is a second-degree felony under Texas law and is punishable by up to 20 years in prison and a fine of up to $10,000. But prosecutors rarely bring cases challenging individual voters’ residency claims because they are hard to prove, the election lawyers said.State courts have repeatedly ruled that there is no single way to determine where someone lives, and judges must consider multiple factors, such as where a voter sleeps or stores personal belongings. Prosecuting such cases also requires proof that a voter “knowingly” or “intentionally” broke the law.Even if it’s clear that someone doesn’t live at the address where they are registered to vote, state law allows them to remain registered if their absence is temporary and they intend to return. The provision is commonly used by college students and military service members.“So long as you truly intend to return, I think you’re fine,” said Beth Stevens, an election lawyer who worked for the Harris County clerk and the Texas Civil Rights Project. “When you start doing things that suggest, ‘Oh, I’ve fully moved. I’m just wink-wink saying I intend to return,’ that’s when you get into questionable territory.”Paxton’s public and contentious split from his wife could make it difficult to argue that he intended to return to the home they own and where she continues to reside, said David Becker, a former voting rights lawyer for the Justice Department.“I think there would be questions raised about a residence where someone does not live, does not spend the night and can in no way have the intent to continue to reside.
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