Video alleges voter registration practice against law, DA looking into situation

AUSTIN — A conservative group that uses undercover videos to allegedly expose corruption released a 7-minute video Wednesday purporting 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.

The organization is James O’Keefe’s Project Veritas, which has had people infiltrate groups to show alleged fraud.

The group that Project Veritas looked into is Battleground Texas, a group that aims to make Texas Democratically controlled state and has been advocating for state Sen. Wendy Davis, D-Fort Worth, in her bid to become governor of Republican Attorney General Greg Abbott.

“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 on the video 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, a spokeswoman with the office of the Texas Secretary of State, said that provision applies to volunteer deputy registrars as well.

Bexar County District Attorney Susan Reed said she is looking into the issue and is considering whether or not to apply Texas Penal Code Section 39.06 (b) that relates to misuse of official information on the part of a public servant and could carry a third-degree felony, if she pursues the case at all. A third-degree felony is punishable by two to 10 years in prison and to a $10,000 fine.

“Battleground Texas fully complies with the law,” Ellis Brachman, a spokesman for Battleground Texas, said a statement. “Let’s be clear — James O’Keefe is an admitted criminal with a long and well documented record of misleading attacks who is trying to make sure that fewer Texans are able to vote. The real story here is that Battleground Texas volunteers are patriotically working to get more Texans involved in our democracy. O’Keefe and his Republican allies in Texas are scared of our success and are doing everything they can to interfere.”

O’Keefe pleaded guilty to one count of entering federal property under false pretenses, according to an FBI 2010 release.

Project Veritas has posted the about five hours of the raw footage for its Wednesday video on the Project Veritas YouTube channel.

Link to video: http://www.youtube.com/watch?v=gXKwQI_0kDI#t=0

Matthew Waller covers state news for Scripps Newspapers and works in Austin. Contact him at mwaller@gosanangelo.com or follow him on Twitter @waller_matthew.