Fifth Circuit Rules In Favor Of Texas Voter Registration System In “Motor Voter” Lawsuit

Staff Report

Texas Attorney General, Ken Paxton is the lawyer for the State of Texas and is charged by the Texas Constitution to:

• defend the laws and the Constitution of the State of Texas
• represent the State in litigation
• approve public bond issues

To fulfill these responsibilities, the Office of the Attorney General serves as legal counsel to all boards and agencies of state government, issues legal opinions when requested by the Governor, heads of state agencies and other officials and agencies as provided by Texas statutes.

The Texas AG sits as an ex-officio member of state committees and commissions, and defends challenges to state laws and suits against both state agencies and individual employees of the State.

Many Texans look to the Office of the Attorney General for guidance with disputes and legal issues. The agency receives hundreds of letters, phone calls and visits each week about crime victims’ compensation, child support, abuse in nursing homes, possible consumer fraud and other topics. To find out more about the Texas Attorney General, visit the official website at https://texasattorneygeneral.gov/.

Fifth Circuit Rules in Favor of Texas Voter Registration System in “Motor Voter” Lawsuit

AUSTIN – Attorney General Ken Paxton praised the U.S. Court of Appeals for the Fifth Circuit after it issued an opinion agreeing with Texas’s arguments that the three plaintiffs suing the state over its voter registration process lacked standing.

In May 2018, a U.S. District Court ruled that Texas violated the “motor voter” provision of the National Voter Registration Act (NVRA) because it does not allow individuals who use the Texas Department of Public Safety’s (DPS) online driver license renewal and change-of-address website to also update their voter registrations online.

The court ordered Texas to design and implement a costly new online system and imposed numerous burdensome requirements on the state that are not mandated by federal law.

The Fifth Circuit quickly granted Texas’s request for an emergency stay, and reversed the district court’s ruling, remanding the case to the district court with instructions to dismiss the three plaintiffs’ claims for lack of standing.

“As enacted by Congress, the NVRA recognizes that requiring a voter to sign a voter registration application is an important means of upholding election integrity. Federal judges have no right to alter state voter registration processes on the whim of plaintiffs who are already registered to vote,” said Attorney General Paxton. “Election integrity is one of my top priorities, and requiring written signatures on voter registration applications is a necessary aspect of combating fraud and ensuring the security of our elections.”

Texas law governing voter registration generally requires written signatures on voter registration applications to deter and reduce election fraud.

Currently, Texans who use the DPS driver license renewal and change-of-address website are sent to a separate page – administered by the Texas Secretary of State – where they can complete an online application, print it out, sign it, and mail it to their county voter registrar to ensure their ability to vote in upcoming elections.

To view a copy of the opinion, click here.

AG Paxton Recovers $63.5 Million for State of Texas, U.S. Medicaid Program

AUSTIN – Texas Attorney General Ken Paxton today resolved an enforcement action against pharmaceutical product manufacturer Lupin Limited, Lupin Inc. and Lupin Pharmaceuticals, Inc., and its Chief Executive Officer Vinita Gupta and Executive Vice President, US Generics Robert Hoffman.

The agreement resolves the state’s lawsuit under the Texas Medicaid Fraud Prevention Act (TMFPA) against Lupin for reporting inflated drug prices to the Medicaid program. Under the agreement, Lupin will pay more than $63 million to Texas and the federal government to resolve the claims against it.

“Identifying and preventing Medicaid fraud continues to be a top priority for the Office of Attorney General. Thanks to our Civil Medicaid Fraud Division’s conscientious stewardship, we have once again protected taxpayers and the healthcare of vulnerable Texans by defending the Medicaid program,” said Attorney General Paxton. “I would also like to express appreciation for the close support, assistance and cooperation of the Texas Health and Human Services Commission – which runs the State’s Medicaid program – for helping our office achieve this result. We will continue cracking down on waste, fraud, and abuse to protect Texans and this program.”

Since 2000, the Texas Attorney General’s Civil Medicaid Fraud team has investigated dozens of pharmaceutical manufacturers for reporting inflated drug prices to the Medicaid program. In connection with a whistleblower lawsuit filed by Express Med Pharmaceuticals, Inc., the State launched an investigation against Lupin for possible violations of the TMFPA. The State’s investigation found that since 2005, Lupin violated Texas law when it illegally misreported prices to Medicaid in order to induce pharmacies and other providers to purchase Lupin’s products over its competitors’ products. As a result, Medicaid reimbursed pharmacies far more than it should have for certain products.

Since 2002, the Civil Medicaid Fraud Division’s recoveries in price reporting cases surpassed the $900 million mark, while total recoveries for the state and federal governments in suits filed under the TMFPA now exceed $2 billion.

To obtain more information about the Office of the Attorney General’s efforts to fight Medicaid fraud, access the agency’s website at www.texasattorneygeneral.gov.

Request for Opinion

Original Official Request — RQ-0314-KP
Effective date and applicability of certain court costs and related fees imposed by Senate Bill 346

Date Received
Tuesday, November 19, 2019

Official Requestor
The Honorable William James Dixon
Navarro County Criminal District Attorney
Navarro County Courthouse
300 West Third Avenue, Suite 301
Corsicana, Texas 75110