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May 15th, 2020:

Appeals court upholds vote by mail order

Second round goes to the plaintiffs.

A state appeals court upheld a temporary order Thursday from a state district judge that could greatly expand the number of voters who qualify for mail-in ballots during the coronavirus pandemic, rebuffing Attorney General Ken Paxton’s effort to have the ruling put on hold while he appeals it.

In a 2-1 split along party lines, a panel of the 14th Court of Appeals of Texas said it would let stand state District Judge Tim Sulak’s ruling from last month that susceptibility to the coronavirus counts as a disability under state election law and is a legally valid reason for voters to request absentee ballots. Paxton has been fighting that ruling and had argued that his pending appeal meant the lower court’s ruling was not in effect.

[…]

“Eligible voters can vote by mail during this pandemic,” Chad Dunn, the Texas Democratic Party’s general counsel, said in a statement Thursday. “It is time for a few state officers to stop trying to force people to expose themselves to COVID-19 in order to vote.”

In response to the appeals court’s ruling, a spokesperson for Paxton said his office will “look forward to the Texas Supreme Court resolving this issue.”

See here, here, and here for the background. A copy of the court’s order is here, and of the dissent is here. If you believed that Paxton went to the Supreme Court even before the 14th Court ruled on this motion for the purpose of gaining political advantage, the 2-1 partisan split in this ruling is not going to dissuade you. The Supreme Court’s gonna do what the Supreme Court’s gonna do, but that seems to me to not be a great sign. Sorry to be a party pooper, but it’s hard to miss the symbolism of that. The Chron has more.

Speaking of the Supreme Court, they have requested a response from the counties named in Paxton’s writ of mandamus no later than 4 PM on Monday the 18th. I don’t think we’ll have to wait much longer to hear from them.

I should note that despite my pessimism in that first paragraph, there are some Republicans who are fine with pushing mail ballots to anyone who wants them. Like Kathaleen Wall, for example:

[Wall] has sent out mailers in recent weeks telling voters they have the “green light” to vote by mail and that the secretary of state has cleared them to do so if they are worried about contracting or spreading the virus by voting in person.

[…]

The controversy in the 22nd District has caught the attention of state officials. The secretary of state’s office says it “has been made aware of the mailings that have been sent out and have been in touch with representatives of the Wall campaign.”

“We have informed them that certain statements attributed to the Secretary of State’s office are categorically false, instructed them to update voters who have already been contacted, and to immediately cease further distribution,” a spokesman for the office, Stephen Chang, said in a statement.

Wall’s campaign says she is doing her best to keep voters up to date on the fast-changing developments around voting by mail, pointing to posts on her website and social media that have come in addition to the mailers. In a statement, the candidate defended sending out the vote-by-mail applications.

“I’ve distributed over 60,000 face masks to first responders and businesses in CD22 to make sure they have the tools they need to stay safe,” Wall said. “Sending out ballot by mail applications is the same thing. I’m making sure voters know they have options if they want to exercise it and meet the qualifications.”

However, Wall’s questionable vote-by-mail efforts go back to mid-April, when she sent out a mailer with the state seal telling the voters that they had received the “green light” to vote by mail and that their applications would be arriving soon. (Federal candidates are exempted from state law that prohibits the use of the state seal in political advertising.) The mailer also said, “Recently, the Texas Secretary of State ruled that voters’ concerns over contracting or spreading the COVID-19 virus and endangering their health by visiting a public polling place meet the election law requirements to be deemed eligible to vote absentee.”

Wall’s campaign used the same language in the subsequent mailer with the application, which featured the “Disability” box pre-checked.

As the story notes, that’s not exactly what the SOS said in that advisory, and indeed this is basically the Democratic plaintiffs’ position in the nine million current lawsuits that have been filed on the topic. Kathaleen Wall is an idiot who maybe doesn’t fully grasp the politics here. Or who knows, maybe this is a sincere statement of her beliefs, in which case all I can say is welcome aboard. I will admit, it’s still a little weird to me that this has become such a partisan issue, since one would think there are plenty of Republican voters who aren’t over 65 that might like to have this option as well. But here we are anyway, and now we have Kathaleen Wall on our side. Hooray?

SD14 special election field is set

There are six candidates in total, but really only two that matter.

Rep. Eddie Rodriguez

Six candidates, including some well-known Austin-area politicians, have filed to run for the July 14 special election to replace retired Democratic state Sen. Kirk Watson, according to the Texas secretary of state’s office.

Candidates had until 5 p.m. Wednesday to file to run for the seat.

State Rep. Eddie Rodriguez, a longtime Austin Democrat, and former Travis County Judge Sarah Eckhardt are widely considered the two most prominent candidates for Texas Senate District 14, a historically Democratic seat that covers Bastrop County and parts of Travis County.

Sarah Eckhardt

Rodriguez has served in the House since 2003 and has support from most of Travis County’s state House delegation. And Eckhardt, whose last day as county judge was Tuesday, has helped to oversee the community’s response to the coronavirus pandemic.

Two Republicans are also running for the Senate seat: Don Zimmerman, a former Austin City Council member, and Waller Thomas Burns II, who initially filed as an independent.

Former Lago Vista City Council member Pat Dixon is running as a Libertarian, while Jeff Ridgeway is running as an independent candidate. Several others, including Austin City Council member Greg Casar, had been eyeing a run but decided not to join the race.

See here, here, and here for the background. This election was also originally scheduled for May and postponed till July due to coronavirus. I say that only the two Democrats matter in this race because SD14 is a safe Democratic seat. I have a very hard time imagining a scenario where either of the two mainstream, broadly popular Democrats who have previously won multiple elections fail to finish in the top two. One of the could win it outright, but if not then these two will be in the runoff. I may reach out to them for interviews – Lord knows, it will be good to talk about electoral politics again – but in the meantime, you voters in SD14 have a clear decision to make, and can’t go wrong either way.

Ransomware attack on state court system

Not great.

Websites for the Texas court system were still down Monday after a ransomware attack late last week left the network temporarily disabled, according to the Office of Court Administration.

Officials discovered the breach early Friday and quickly shut down sites and disabled servers to contain it, the office said in a statement. The hack did not impact e-filing and other services, many of which have been transferred to the cloud in recent years, according to the office.

“At this time, there is no indication that any sensitive information, including personal information, was compromised,” the office said. It added that websites for local trial courts are still available online.

The office said it detected the breach early and has refused to pay any ransom. While the courts have moved increasingly to remote hearings amid the coronavirus pandemic, the attack was unrelated, according to the office.

Officials have not said when the system will be back online, but they have set up a temporary website and are working with law enforcement and the Texas Department of Information Resources to investigate the attack.

As the story notes, this is not the first time that Texas governmental entities have been targeted by ransomware. The first thing that TDIR will need to figure out is whether this was actually targeted, or just a crime of opportunity, perhaps the result of someone opening a phishing email. If you follow this sort of news, you know that ransomware attacks are on the increase around the world; here’s a prominent recent example. I’m sure the system will recover from this, and good for the OCA if they detected it quickly. We just need to up our vigilance and defensive measures to stay on top of this.

Mayor Turner and others test negative for COVID-19

They were tested following the news about CM Plummer’s infection.

Mayor Sylvester Turner

Houston Mayor Sylvester Turner and two of his top aides have tested negative for COVID-19, the mayor’s office announced Thursday.

Turner was tested for the novel coronavirus Tuesday by Kelsey-Seybold, the health care provider for most city employees. Turner’s chief of staff, Marvalette Hunter, and one of his aides also tested negative Thursday, while another aide and members of Turner’s security detail were awaiting test results.

The mayor urged Houstonians to get tested even if they are not exhibiting symptoms of COVID-19.

“The results will help you take better control of your health during the pandemic,” Turner said. “While my test result was negative, I will continue to practice social distancing and wear a face covering to do my part to stop the virus from spreading in our community.”

Several city council members also got tested Tuesday, according to Turner’s office, a day after Councilwoman Letitia Plummer learned she had tested positive for the virus. At least two council members — Sallie Alcorn, who sits next to Plummer, and Tiffany Thomas — are quarantining and skipped Wednesday’s council meeting. Alcorn tested negative for COVID-19, one of her staffers confirmed Thursday.

Plummer’s staff members also were tested for COVID-19 earlier this week. She began quarantining at home last Thursday, one day after attending a city council meeting.

See here and here for the background. At least now we know who else had been self-quarantining; that detail was not in the previous story. I presume none of CM Plummer’s staff tested positive, though we don’t know that for sure. Not much else to say except I hope this is the extent of it.