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April 4th, 2020:

SOS moves towards increasing vote by mail

How about that?

Texas is opening the door to an expansion of mail-in voting during the coronavirus outbreak, though the state is unlikely to heed calls to have every voter cast ballots by mail to avoid exposure to COVID-19 at polling places.

The state’s director of elections on Thursday sent guidance to elections officials in all 254 counties telling them that voters can ask for mail-in ballots if they are worried that showing up to a polling place could be a danger to their health. The guidance also suggests that counties be more lenient with curbside voting and says counties should consider recruiting and training more poll workers this year.

[…]

The guidance isn’t a mandate. The secretary of state’s office says it can only advise counties on how to work within existing election law. But it offers a green light to county officials to take a lenient approach in approving requests for mail-in ballots.

“This is a big step in the right direction,” said Bay Scoggin, director of Texas Public Interest Research Group, one of dozens of groups that have urged the state to expand mail-in voting as at least one option for this year’s elections. “While we still want a more concrete expansion of vote by mail, this plan gives guidance to counties on a number of important issues.”

Texas is one of the few states that still require voters younger than 65 to have an excuse to cast a ballot by mail. Fewer than 7 percent of Texas voters mailed in ballots in 2018.

The guidance notes that the election code currently includes a “disability” clause that allows voters to apply for an absentee ballot if showing up at a polling place risks “injuring the voter’s health.” It suggests counties can get a court order to temporarily expand eligibility for mail-in voting — especially in areas under quarantine.

Advocates say while it appears to allow anyone with concerns about the coronavirus to get a mail-in ballot, the state still needs to be more clear. Democrats say it doesn’t go far enough.

“In the middle of this public health crisis, we must all be working together to keep people safe and healthy, while also keeping our democracy moving forward,” said U.S. Rep. Sylvia Garcia, a Houston Democrat. “This should include a statewide no-excuse vote-by-mail program that will give every eligible Texan the opportunity to make their voice heard in this year’s electoral process and guarantee their well-being.”

Every Texas Democrat in Congress wrote a letter to Abbott this week urging an expansion of voting by mail, pointing out that the Centers for Disease Control and Prevention suggests shifting that way for 2020 elections.

This was also covered in that Trib story about the May elections being postponed. As noted, there was a lawsuit filed to force this issue, and I have to say, I’m more than a little surprised to see the state take the idea seriously rather than dig in their heels as usual. It isn’t everything that activists have demanded, but it’s a lot, and it’s not clear that “everything” would be possible to do in time for November. If this were the basis of a settlement agreement in that lawsuit, I’d be happy with it. Let’s put a bow on this so we can get down to the practical issues that would need to be addressed to make this much happen.

The May elections will not happen

Not in May, anyway.

Citing the state’s stay-at-home order, the Texas secretary of state is instructing municipalities to delay their May 2 elections.

In an email to local election officials sent Thursday afternoon, the state’s director of elections, Keith Ingram, said cities, towns and school boards that hadn’t pushed their upcoming elections to November “must take action to do so immediately” or risk facing a challenge in court.

“If you don’t move your May 2nd election, you are subjecting voters to health risks and potential criminal violations,” Ingram wrote. “Failure to postpone your election will put your election at severe risk for an election contest.”

[…]

Abbott issued an executive order Tuesday telling Texans to stay at home for the next month unless they are taking part in essential services and activities. In announcing his order, the governor made clear he expects all Texans to adhere to the guidance or face criminal punishment. The order lasts until April 30. Early voting for municipal elections would have started before then.

Although election workers are included under the federal government’s guidance on essential workers, that would not include voters, Ingram said.

Earlier in the week, the Trib had a previous story about a handful of cities, school boards, utility districts, and the like that were still planning on having their May elections, despite the earlier admonition to put them off till November. I can understand the arguments for wanting to proceed as scheduled, especially for elections that would be expected to have miniscule electorates, but really there was no good justification for it. This was the right thing to do.

Won’t you join our lawsuit?

This is going to keep giving me content for years.

Did not age well

After filing two sign stealing-related lawsuits against the Astros on behalf of Houston season-ticket holders, a Corpus Christi law firm is asking Dodgers and Yankees fans who attended 2017 postseason games in Houston if they, too, are interested in suing the ballclub.

The websites yankees-astros-scandal.qualified-case.com and dodgers-astros-scandal.qualified-case.com were launched by the firm Hilliard Martinez Gonzales. Both sites were advertised on Facebook in an effort to contact fans of the teams that traveled to Houston for playoff games in 2017, when the Astros beat the Yankees and Dodgers en route to the World Series title.

“We’re trying to find people who traveled to Minute Maid Park, Yankees or Dodgers fans, who spent money in flights, hotel rooms, rental cars, to watch a game that was not fair,” said John Duff, an associate with the Hilliard firm.

“They didn’t get their money’s worth, and we wanted to see if any of those potential clients want to get compensated.”

The Yankees website asks, “Are you a Yankees fan that traveled to Houston for the ALCS in 2017?” The Dodgers site asks, “Were you a Dodger ticket season holder during the 2017 season?”

Both sites note that the Astros were penalized by Major League Baseball for using electronic methods to steal catcher’s signs and adds, “This is unfair to paying Yankees (or Dodgers) fans and compensation should be demanded.”

Any potential suits on behalf of Dodgers or Yankees fans would be filed in Texas state court or in federal court in California or New York, Duff said. He declined to estimate how many answers the firm had received in response to the inquiries.

“There was confirmed cheating during the ALCS and World Series, and those tickets are more expensive and the damage model is higher,” Duff said.

See here and here for the background. As this story notes, the three Harris County lawsuits have all now been consolidated and moved into one court, the 152nd Civil Court. I don’t have anything to add, I just look forward to the next chapter in this highly entertaining story.