Newsletter: Fighting for the Public's Right to Information
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On Thursday, American Oversight filed a brief ([link removed]) in the Texas Supreme Court opposing Texas Gov. Greg Abbott’s and Attorney General Ken Paxton’s petition for the court to dismiss our ongoing public records lawsuit.
* We sued Abbott’s and Paxton’s offices ([link removed]) more than two years ago, and this is their third attempt to dismiss our case.
* In our brief ([link removed]) , we urged the court to force the release of the requested records, which include email communications with gun industry lobbyists and supporters following the 2022 mass shooting in Uvalde, and any emails sent by Paxton around the Jan. 6 insurrection, when he spoke at ([link removed]) the “Stop the Steal” rally near the White House.


Abbott and Paxton attempted to dismiss the case in both the District Court and the Texas Court of Appeals, but both ([link removed]) courts ([link removed]) allowed the case to proceed.
* The appeals court held that the trial court could compel the governor and attorney general “to produce public information” under the state’s Public Information Act (PIA), and that American Oversight had sufficiently alleged that the officials’ responses to requests were “incomplete.”
* In their most recent attempt to dismiss, Abbott and Paxton advanced a number of problematic arguments, including claiming the trial court cannot review the actions of executive officials under the PIA, only the state Supreme Court can review the attorney general’s compliance with the law, and no court at all can enforce the law against the governor.
* The officials also claimed their offices had fulfilled their PIA obligations under the PIA by merely responding to our requests — even though their responses included admissions that they continue to withhold some records and implausible claims that certain records do not exist or are exempt from disclosure — and are now shielded from being sued under the doctrine of sovereign immunity.


Demand Letters to Georgia Counties
Representing Free Speech for People, American Oversight sent a demand letter ([link removed]) to the attorneys for Ware County, Ga., demanding production of a public record that appears to confirm the Trump campaign infiltrated the county’s voting system in late 2020.
* Free Speech For People has sought the record — an attachment to a text message — through Georgia’s open records law since February. Attorneys representing the county have refused to produce the attachment, claiming it is private communication.
* “As those spreading election conspiracy theories continue to gin up unfounded claims of faulty voting equipment to cast doubt on the validity of our election results, the threat posed by unauthorized access to critical voting infrastructure is real and must be taken seriously,” said American Oversight’s Chioma Chukwu.


We also sent a letter ([link removed]) to Georgia’s Fulton County demanding the release of records we’d requested nearly three months ago. We’re seeking county officials’ communications with Trump-allied members of the State Election Board (SEB) and election denial activists, including those who were involved in the attempt to overturn the 2020 election.
* The letter comes after a series of anti-democratic moves by the SEB, including allowing ([link removed]) local election officials the discretion to conduct a “reasonable inquiry” into the election before certifying results, opening the door for delays that could sow confusion and exacerbate distrust.
* Fulton County was targeted in 2020 by those seeking to overturn the election, and the people of Georgia have a right to know if partisan operatives are pushing last-minute election rule changes for Georgia’s most populous county.


Attend Our Virtual Event Next Week!
Along with America's Voice, Campaign Legal Center, and North Carolina Asian Americans Together, we’re hosting a virtual event titled “Democracy Under Threat: Far-Right Attacks on Immigrant Communities and Voting.” The event will examine how the anti-democracy movement is using conspiracy theories about illegal voting by noncitizens to undermine trust in elections.
* The panel will explore how immigration has been consistently weaponized by anti-democracy groups and how election deniers have revived the hollow threat of widespread illegal voting to turn out their base in November.
* Register here ([link removed]) to join us Tuesday, Oct. 15, at 12 p.m. ET.


On the Records

Election Denier Spotlight: Garland Favorito
This week, CNN ([link removed]) cited records we obtained from Georgia that highlight efforts by the national network of election denial activists to push misinformation and advocate for rules that would put power in the hands of fellow anti-democratic actors.
* The records shed light on the actions of Garland Favorito, a Georgia-based activist who leads the group VoterGA.
* In 2021, Favorito was in contact with the leaders of the partisan and problematic “audit” of the 2020 results in Arizona’s Maricopa County, the documents show.
* In a March 2021 email ([link removed]) , Doug Logan, the CEO of Cyber Ninjas, the firm that oversaw the Maricopa review, wrote to former Arizona Senate President Karen Fann that he had been in contact with Favorito about practices for inspecting ballots.


VoterGA has also worked with Trump-allied lawyer and voter-fraud alarmist Cleta Mitchell and her Election Integrity Network. Last week, Favorito appeared at a Georgia event protesting voting machines alongside former Trump National Security Adviser Michael Flynn.
* Activists who claimed widespread fraud in the 2020 election are still pushing dangerous conspiracy theories in the leadup to November, laying the groundwork for more false claims of fraud if former President Trump loses.
* We’ve been investigating this network of election denial activists — read more about our investigations ([link removed]) here ([link removed]) .


Other Stories We're Following

Election Denial and Threats to Democracy
* Election conspiracy theories fueled a push to hand-count votes, but doing so is risky and slow (Associated Press ([link removed]) )
* Trump-allied Georgia election board wants 2020 election deniers to monitor Atlanta-area voting (CNN ([link removed]) )
* In Texas’ third-largest county, the far right’s vision for local governing has come to Life (ProPublica ([link removed]) )
* Pennsylvania’s 2024 election results could be contested for weeks in court. Both sides say they’re ready for that fight. (Philadelphia Inquirer ([link removed]) )
* Pinal County’s $150,000 audit confirms that its primary election was accurate and secure (Votebeat ([link removed]) )


Voting Rights
* Battle over ballot drop boxes rages on in Wisconsin as officials put them at center of election integrity debate (ProPublica ([link removed]) )
* State Election Board considers asking Georgia lawmakers for more voter challenge laws (Atlanta Journal-Constitution ([link removed]) )
* Youngkin stokes fear of vast noncitizen voting in Virginia. Records don’t show it. (Washington Post ([link removed]) )
* Fulton judges stay busy ruling on lawsuits spurred by new Georgia State Election Board rules (Georgia Recorder ([link removed]) )
* US judge rejects emergency litigation to reopen voter registration (Florida Phoenix ([link removed]) )


In the States
* DeSantis issues executive order authorizing election changes to Helene-impacted Florida counties (CBS News ([link removed]) )
* Civil rights groups want Georgia to extend its voter registration deadline because of Hurricane Helene (Atlanta Journal-Constitution ([link removed]) )
* An LGBTQ studies minor at Texas A&M drew complaints. Now dozens of programs could be eliminated. (Chronicle of Higher Education ([link removed]) )
* LSU to further dismantle diversity, equity and inclusion programs (Louisiana Illuminator ([link removed]) )
* KY nonresidents are denied access to open records. What happens when their loved one dies? (Lexington Herald-Leader ([link removed]) )


LGBTQ Rights
* Trump and Republicans bet big on anti-trans ads across the country (New York Times ([link removed]) )
* Ruling on Missouri transgender health care restrictions expected by end of year (Missouri Independent ([link removed]) )


Abortion and Reproductive Rights
* Hurricane Helene made abortion access in the South even harder (19th News ([link removed]) )
* ‘Our patients deserve better’: Clinics grapple with uncertainty in Georgia’s abortion law (Atlanta Journal-Constitution ([link removed]) )
* US Supreme Court lets stand a decision barring emergency abortions that violate Texas ban (Texas Tribune ([link removed]) )
* Texas’ abortion laws are straining the OB-GYN workforce, new study shows (Texas Tribune ([link removed]) )
* Ron DeSantis’ administration is threatening to prosecute the media for airing pro-choice ads (Slate ([link removed]) )
* Florida Supreme Court rejects challenge of DeSantis anti-abortion amendment ad (Tallahassee Democrat ([link removed]) )
* Planned Parenthood will close 3 Missouri clinics, expand telehealth services (Missouri Independent ([link removed]) )
* Montana Supreme Court temporarily blocks abortion restrictions (Daily Montanan ([link removed]) )
* Anti-abortion researchers take legal action over retracted studies cited in FDA case (News from the States ([link removed]) )


Immigration
* US judges split on Texas' standing to sue over DACA immigration program (Reuters ([link removed]) )
* ACLU sues feds, questions infrastructure for mass deportation (USA Today ([link removed]) )
* Amid anti-immigrant sentiment on campaign trail, advocates seek new protections for NJ immigrants (New Jersey Monitor ([link removed]) )


Trump Accountability
* Trump holds up transition process, skirting ethics and fundraising rules (New York Times ([link removed]) )
* Analysis: John Roberts remains confounded by Donald Trump as election approaches (CNN ([link removed]) )
* Judge gives Trump one week to appeal her ruling releasing evidence in special counsel’s Jan. 6 probe (CNN ([link removed]) )
* Filing in Trump election case fleshes out roles of a sprawling cast (New York Times ([link removed]) )

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