Thread by @chucklindell

David Whitley is now at the table for his statement, to be followed by questions from senators.
Several Democrats have said they want answers about how so many U.S. citizens were flagged as potential noncitizens in an ongoing SOS investigation of registered voters.
#txlege

Says he was honored to be nominated, “especially after the last 2 weeks.”
Office engaged past 2 weeks in list-maintenance process to give counties info they need to ensure voter lists include only eligible voters.
#txlege

Says his office did 10 trainings with counties before releasing the advisory on Jan. 25.
"Going forward, we will continue to work with DPS, county registrars on list maintenance activity."
#txlege

Sen. Buckingham on "flurry of controversy" -- walk us through the investigation process.
Whitley: on day we announced advisory, my 2nd press release as SOS, cited law that requires DPS to share personal info with SOS to maintain voter registration list.
#txlege

Whitley: We perform many list-maintenance activities. For example, convicted felons.
This first time we used that DPS data for list activity. "Best data they had" according to their database about who is not a citizen.
#txlege

Whitley: Almost 200 counties attended trainings on list-maintenance activities.
As soon as we got matches, wanted to get data in hands of someone who can do something about it (the counties). My office has no investigative authority.
#txlege

Whitley: Counties have info that we do not. SOS not have info on who became a naturalized citizen. Training with counties included that perspective, he says.
#txlege

Buckingham questions focus on the legal requirements for Whitley to ensure voting roles are accurate.
#txlege

Sen. Kirk Watson, D-Austin, now asking questions.
We know for certain today that that list was wrong, don't we.
Whitley: "I've heard that reported, senator." List maintenance is collaborative with counties.
#txlege

Watson: Assumption in Whitley press release was 95,000 noncitizens were discovered, and 58,000 of them voted. We know that's incorrect.
Whitley: I've seen many different reports and statements about the top numbers that were released. Counties are wading thru list now. #txlege

Whitley: we have heard from counties who discovered US citizens on that list of 95,000.
Watson: You willing to say any mistakes made in sending out list of 95,000?
Whitley: When we received the data from DPS, we confident it was their best data to determine who noncitizen.

Watson: When you received data from DPS, true roughly 20,000 names showed they were citizens?
Whitley: "I’ve seen that reported." ... "I dont know the specifics about how data is analyzed."
#txlege

Watson press, so far unsuccessfully, about whether SOS should have known there were known citizens on the list of flagged registered voters.
#txlege

Watson: Before you issued 95,000 names, you meet with DPS to get confidence in data so you know citizens would not be flagged?
Whitley: First day as SOS was Dec 17, process began in March.
#txlege

Whitley: Based on all the work done previously, says he was confident in the list's accuracy.
#txlege

Watson takes exception to Whitley calling the list the result of a yearlong process. First request in March produced a huge list, millions of names, because DPS also counted inactive licenses. SOS asked for only actives, then they agreed to provide new info in December.
#txlege

Watson: Did you personally review the data before implying 95,000 voters may be noncitizens?
Whitley: DPS data was their most accurate list of noncitizens. Not until heard from counties that we made aware of problems. Says some adjustments may need to be made on the DPS data.

Watson: Will we agree that your press release of Jan 25 accuses people of acting in an illegal manner?
Whitley: I’ve heard that said. My office has no investigative authority, why important to get data to counties to do that investigation.
#txlege

Watson: Does SOS issue press releases on other list-maintenance activities?
Whitley: Not that I"m aware. It's important to me that once we had the data, and completed county training, that we be transparent about the process, why issued press release.
#txlge

Watson: You also immediately sent those names to the attorney general?
Whitley: Yes.
Watson: Even before counties did investigation you requested?
Whitley: Because first time using this data, it important get info into hands of somebody who can do something with it.
#txlege

Whitley: Names sent to AG because his office has statewide jurisdiction in enforcing election law.
Watson: No reason to immediately refer 95,000 people to AG until you had verified numbers.
Whitley: Wanted to ensure that these lists are as accurate as possible.
#txlege

Watson: DId your office do anything to clarify that these people on list were not engaging in illegal activity?
Whitley: Yes. When Harris County ID’d citizens on list and they would stay on rolls, we made clear we’re OK with that, that it’s part of this process.
#txlege

Watson: How many names on list are incorrect?
Whitley: Can’t say yet. Maintenance activity ongoing. No timeline for counties to complete.
#txlege

Watson: If counties can’t verify citizenship of a name on the SOS list, the are sent a Notice of Examination saying if they do not respond in 30 days, they’ll be purged from voter rolls?
Whitley: By state law, they are removed.
#txlege

Whitley: Voers who don't respond also will get a cancellation letter if removed from voting roll. So 2 notificaitons will be sent.
Also takes exception to Watson's use of PURGED instead of REMOVED because of the connotation.
#txldge

Watson: Did SOS office look at whether process improperly target newly naturalized citizens?
Whitley: We don’t have data on who is a naturalized citizen, but the counties do. I am confident our office is operating within state/fed law.
#txlege

Sen. Kolkhorst, R, now asking questions.
Asks how county officials were trained before list was sent.
Whitley: Data treated identically to other maintenance activities, can't immediately remove from roll without sending notification first.
#txlege

Kolkhorst: "We don’t know how many of the 95,000 are citizens. I think maybe there were some regrettable statements in your press release. I would say that maybe some of that should be tempered. It’s a process."
#txlege

Kolkhorst: Is there a way that we can make this process better?
Whitley: Thinks there are improvements that need to be made. Commits to working with counties and DPS on that. "But I am not going to venture a guess on which processes might work better."
#txlege

Kolkhorst: You cautioned the counties during the 10 training sessions "that there may be mistakes on the data they were going to receive, and there was a duty to them to look at that very closely?"
Whitley: Yes.
#txlege

Sen. Carol Alvarado, D, questioning now:
Says this was required by HB 2512, passed in 2013. Why the delay?
Whitley: Neither the DPS data nor SOS database were reliable enough. Says both are signiicantly improved.
#txlege

Alvarado: There seems to be a lack of due diligence before this list was released to the counties. Either you didn’t double check or intentionally allowed inaccurate info to go out.
#txlege

Whitley: Data was double checked over several months. … Due diligence done by our office and by the counties, which have the pertinent information.
#txlege

Alvarado: Did list unintentionally target Latino voters?
Whitley: No data from DPS or our office included anything about race and ethnicity.
#txlege

Sen. Bob Hall, R, says this was the first time the citizenship investigation was done: "This process had to take place to know what needs to be improved."
#txlege

Sen. Jose Menendez, D, not on the committee, now asking questions.
During county trainings, did issue of possible naturalized citizens come up?
#txlege

Sen. Royce West, D: Are you familiar with the concept of voter suppression. Do you believe that your press release could intimidate some people not to vote?
#txlege

Whitley's response: Looking back, if there anything iI could change about how this process could work, that I would include more information from actual advisory in press release. I think a lot of misconceptions could have been cleared up on the front end.
#txlege

Now it's time for public testimony for Whitley's confirmation hearing.
About 2 dozen have signed up.
#txlege

Sen. Dawn Buckingham, chairwoman of Nominations Committee, ends hearing saying there will NOT be a vote today on Whitley.
"On Feb. 14 I will be asking for a vote," she says.
It's common practice to leave nominations pending for at least a week before the committee votes.
#txlege