Houston Chronicle Sunday

Texas quiet on voter ID ad campaign

State must inform citizens of change, but records sealed

- By David Saleh Rauf

AUSTIN — Texas is spending $2.5 million to spread the word about changes to its voter ID law before the November election but will not release details about how the money is being used.

More than half of that taxpayer money will go toward an advertisin­g campaign, according to court filings. Yet state officials will not say which markets they intend to target with television and radio spots.

As part of its outreach effort, the state will send “digital tool kits” to an estimated 1,800 organizati­ons across Texas to engage local communitie­s on voter education. State officials will not identify those groups.

And documents related to both have recently been sealed by a federal judge at the request of Attorney General Ken Paxton’s office

The sealed filings are part of the strategy guiding an education campaign Texas is rolling out at the direction of U.S. District Judge Nelva Gonzales Ramos in Corpus Christi. A federal appeals court last month ruled that Texas’ voter ID law discrimina­tes against minorities and ordered Ramos to soften the measure for November.

Ramos has since expanded the types of identifica­tion that can be presented at the polls to cast a ballot and required Texas to inform voters and election officials across the state about the changes.

The judge also has

granted a request from Paxton’s office to keep some details of the outreach plan under court seal, preventing public scrutiny of such things as which regions state officials could target with ads and which groups have been identified to receive education materials. Watergate precedent

Paxton’s office declined comment Friday but argued in court filings that those documents include “proprietar­y” or “confidenti­al” informatio­n provided by public relations giant Burson-Marsteller, which is designing Texas’ education campaign. Paxton’s legal team cited a 1978 case involving President Richard Nixon, in which the U.S. Supreme Court held that media outlets could not have access to tapes from a Watergate obstructio­n trial.

A mo n g the documents sealed at the attorney general’s request is a chart listing local markets and dates that Burson-Marsteller has recommende­d for purchasing advertisem­ents to educate the public about changes to the voter photo ID requiremen­ts.

Another document names the 1,800 groups recommende­d to help spread the state’s voter messaging at the local level, a list compiled by the public relations firm over the last few months.

A Texas Democratic Party official criticized the secrecy, saying Texas voters have a right to see what kind of guidance the state is receiving from a company being compensate­d with taxpayer dollars.

“What are Texas Republican­s hiding?” asked Manny Garcia, deputy executive director of the Texas Democratic Party. “Either the state is making a real effort to inform Texas voters about how easy it is to vote, or they are using our taxpayer dollars for statespons­ored voter intimidati­on.”

“Either the state is making a real effort to inform Texas voters about how easy it is to vote, or they are using our taxpayer dollars for state-sponsored voter intimidati­on.” Manny Garcia, deputy executive director, Texas Democratic Party

State’s focus is key

Texas’ voter ID law has been thrust into the national limelight as one of several passed by Republican-led legislatur­es that have gotten held up in federal courts recently.

Paxton has said he will appeal to the U.S. Supreme Court a July 20 ruling from the U.S. 5th Circuit Court of Appeals finding Texas’ law discrimina­tes against minorities, but he has yet to do that.

A watered-down version of what was once considered the strictest voter ID law in the country will be implemente­d in Texas for November’s election after Ramos ordered that people lacking one of the seven acceptable forms of photo identifica­tion will be allowed to cast a ballot by showing an alternate ID and signing an affidavit.

Getting informatio­n to the masses about how the law has changed is vital, experts say.

Key to understand­ing the state’s strategy is where and how it plans to distribute voter education materials, including what parts of the state will be the focus, said Brandon Rottinghau­s, an associate professor of political science at the University of Houston who specialize­s in media and public opinion.

Without detailed informatio­n showing where the state plans to buy ads, he said, it becomes difficult to knowwhethe­r regions with a higher density of people likely to be confused by the voter ID requiremen­ts are being targeted.

“Blanketing the state with ads about how easy it is to vote and how several new forms of ID can be used at the polls is not helpful,” he said, adding that areas such as the Rio Grande Valley and El Paso will require large amounts of advertisin­g. “The real value is the targeted selection of significan­t markets that are affected.” ‘Held accountabl­e’

The state, in a court filing, has provided a broad outline of how it plans to spend $2.5 million on voter education efforts, but the document lacks important details.

Alicia Pierce, a spokeswoma­n for the Texas secretary of state, said her office will disclose informatio­n about ad buys once air time has been purchased. The state has set aside $1.3 million for ads, along with roughly $250,000 in contingenc­y funds that could be used for television, radio, digital and print spots.

Whether the secretary of state’s office will reveal which groups received digital tool kits once they are distribute­d next week remained unknown, Pierce said.

What was clear, however, is that state officials Friday would not disclose the proposed ad markets or organizati­ons listed in documents currently protected by the court.

“Being under seal, we can’t release that informatio­n,” Pierce said, noting that they are planning documents provided to officials by a private firm.

“We know we will be held accountabl­e for how we execute this campaign,” Pierce added. ‘Secret sauce’

Texas’ open records law long has allowed the state to shield details about dealings with corporatio­ns on the basis that trade secrets or confidenti­al corporate informatio­n could be disclosed.

Burson-Marsteller was one of four firms that bid for a state contract to consult and design voter education efforts for the current year, according to the secretary of state’s office.

Bill Cobb, an Austin lawyer who handles open records issues for corporatio­ns, said it is possible that some of Burson-Marsteller’s “secret sauce” could be at risk of being exposed if other PR firms competing for a state contract on voter education could benefit from the release of informatio­n.

“Everyone agrees that open government is a good thing,” Cobb said. “But everyone agrees if Coke has to give its recipe to the government that its competitor­s aren’t allowed to get it.”

Cobb noted that a recent ruling from the Texas Supreme Court in a case involving Boeing has made it easier for the state and corporatio­ns to keep informatio­n secret.

“Companies have to make a business decision: Could this informatio­n harm my future business prospects?” said Cobb, a former deputy attorney general under Greg Abbott. “But now corporatio­ns don’t have to prove it’s a trade secret, just that a competitor could gain an advantage from acquiring the informatio­n.”

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