The State of Texas, led by Attorney General Ken Paxton, has filed a lawsuit against Bexar County Election Administrator Jacquelyn Callanen and other county officials, seeking emergency injunctive relief. The suit, filed on September 3, 2024, alleges that Bexar County’s voter registration program violates state laws by unlawfully contracting a third-party vendor to mass mail unsolicited voter registration applications.

The lawsuit argues that Bexar County’s decision to hire Civic Government Solutions (CGS), a company specializing in voter registration mailers, was both illegal and conducted without the proper procurement procedures. The state contends that Bexar County does not have the legal authority to send unsolicited voter registration forms, a process that could lead to significant election fraud and confusion among residents.

Key Allegations Against Bexar County Officials

The lawsuit names Bexar County Election Administrator Jacquelyn Callanen, County Judge Peter Sakai, and County Commissioners Rebeca Clay-Flores, Justin Rodriguez, Grant Moody, and Tommy Calvert as defendants. According to the state’s petition, these officials exceeded their authority by awarding a $392,700 contract to CGS without following the Texas County Purchasing Act’s requirements for competitive bidding.

In addition to this procurement issue, the state argues that the mass mailing of voter registration applications to potentially ineligible voters, such as non-citizens or residents who have not requested forms, violates the Texas Election Code. The lawsuit highlights the potential risks of voter fraud and undermining public confidence in the election process, citing that more than 6,500 non-citizens have been removed from Texas voter rolls since 2021.

Partisan Concerns Surrounding Civic Government Solutions

The state’s complaint also raises concerns about CGS’s partisanship, pointing to its CEO Jeremy Smith’s previous involvement in progressive political campaigns. The petition emphasizes the potential conflicts of interest in hiring a company associated with progressive causes, especially when the program’s intent is to target unregistered voters in Bexar County, which may disproportionately favor one political party.

During a public meeting, Smith defended CGS’s ability to register voters efficiently, but the lawsuit questions whether the company’s true motives align with the goals of impartial voter registration.

Injunction Sought to Halt Mailings

Attorney General Paxton’s office is requesting an immediate temporary restraining order (TRO) to prevent Bexar County from moving forward with its voter registration program until a hearing on the matter can be held. The state’s lawsuit seeks both a temporary and permanent injunction to halt any further mailings and enforce compliance with the Texas Election Code and procurement laws.

The lawsuit underscores the state’s position that counties in Texas, including Bexar County, have limited powers that do not include mailing unsolicited voter registration applications without legislative authorization. The state is determined to stop the program, citing the risk of mass confusion and potential voter fraud, which could lead to legal violations if ineligible individuals attempt to register to vote.

As the legal battle unfolds, the future of Bexar County’s voter registration efforts remains uncertain. The case is poised to test the limits of county authority in managing election-related activities and could have significant implications for voter registration initiatives across Texas. The outcome of the lawsuit could shape future state and county election practices, particularly in handling voter registration and addressing concerns about election integrity.