Newsletter: Fighting for the Public's Right to Information

On Thursday, American Oversight filed a brief 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 more than two years ago, and this is their third attempt to dismiss our case.
• In our brief, 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 the “Stop the Steal” rally near the White House. 

• 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. 

• 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.

• The letter comes after a series of anti-democratic moves by the SEB, including allowing 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.

• 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 to join us Tuesday, Oct. 15, at 12 p.m. ET.

  
On the Records

Election Denier Spotlight: Garland Favorito
This week, CNN 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, 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. 

• 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 here.

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

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

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

• Trump and Republicans bet big on anti-trans ads across the country (New York Times)
• Ruling on Missouri transgender health care restrictions expected by end of year (Missouri Independent)

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

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

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