Battleground Texas says no voter registration misdeeds occurred

A Battleground Texas attorney addressed a letter to Texas’ lieutenant governor stating that the group did not violate the law after Lt. Gov. David Dewhurst called for an investigation based on an undercover video alleging misdeeds.

Last week conservative activists with James O’Keefe’s Project Veritas surreptitiously recorded members of Battleground Texas, a Democrat activist organization supporting state Sen. Wendy Davis, D-Fort Worth, in her gubernatorial campaign.

The 7-minute video purported to show members of a Democratic organization telling volunteers to copy phone numbers from voter registration forms in apparent violation of the state election code.

Lt. Gov. David Dewhurst called on complaints to be submitted to the Texas Attorney General. The Office of the Texas Attorney General recused itself from the case and deferred to the Bexar County District Attorney, since the alleged activity happened in San Antonio. Attorney General Greg Abbott is running for governor.

“We are aware of your letter alleging misconduct against Battleground Texas and its ongoing efforts to register Texans to vote,” Graham M. Wilson, counsel to Battleground Texas, wrote in a letter dated Tuesday. “Contrary to the claims made in your letter and in a recent video created by James O’Keefe, Battleground Texas is in full compliance with Texas law, and any accusation to the contrary is entirely without foundation. … Your letter reflects no familiarity with either the law or the guidance, but we trust now, with all the relevant information in hand, this matter can be brought to a prompt conclusion.”

In the video, a voice says: “So every time we register somebody to vote, we keep their … name, address phone number, just so we can get back to them” a purported Battleground Texas member says in the raw footage from San Antonio. A voice then says, “And that’s from the voter registration form?” “Right, from the form,” the member says on the video.

Part of Section 13.004 of the Texas Election Code states: “The registrar may not transcribe, copy, or otherwise record a telephone number furnished on a registration application.”

Alicia Pierce, spokeswoman with the office of the Texas Secretary of State, said that provision applies to volunteer deputy registrars as well.

Republican Lt. Gov. David Dewhurst, who is running for re-election, released a letter he said he sent to Secretary of State Nandita Berry.

“I am outraged at the recent reports of private data harvesting by Battleground Texas. Texans whose personal information has been harvested under the guise of a voter registration effort not only deserve an explanation, but also assurances that their information has been destroyed by any entity other than the Secretary of State’s office. In my view, the seriousness of this issue merits immediate referral to the Attorney General’s office.”

Wilson argues citing case law that the phone numbers are public record, and that the volunteer deputy registrar can “copy the relevant information from the application in writing just as you would be able to do if you went to the registrar’s office and pulled a copy of the original application,” as is stated in online materials on the Secretary of State’s website.

Wilson also said the provision does not apply to a deputy volunteer registrar, only the county registrar.

“We note that, recognizing the preference of the Secretary of State’s office, Battleground Texas has adopted a conservative policy of not photocopying voter registration applications. It has not used and is not retaining phone numbers taken off voter registration forms by volunteers.”

Staff with Dewhurst could not be reached Tuesday evening. Battleground Texas released the letter early Tuesday evening.