The voting location restrictions of SB7

As Michael Li said on Twitter, this is breathtaking, and not at all in a good way.

The number of Election Day polling places in largely Democratic parts of major Texas counties would fall dramatically under a Republican proposal to change how Texas polling sites are distributed, a Texas Tribune analysis shows. Voting options would be curtailed most in areas with higher shares of voters of color.

Relocating polling sites is part of the GOP’s priority voting bill — Senate Bill 7 — as it was passed in the Texas Senate. It would create a new formula for setting polling places in the handful of mostly Democratic counties with a population of 1 million or more. Although the provision was removed from the bill when passed in the House, it remains on the table as a conference committee of lawmakers begins hammering out a final version of the bill behind closed doors.

Under that provision, counties would be required to distribute polling places based on the share of registered voters in each state House district within the county. The formula would apply only to the state’s five largest counties — Harris, Dallas, Tarrant, Bexar and Travis — and possibly Collin County once new census figures are released later this year.

A comparison of the Election Day polling locations that were used for the 2020 general election and what would happen under the Senate proposal shows a starkly different distribution of polling sites in Harris and Tarrant counties that would heavily favor voters living in Republican areas.

In Harris County — home to Houston, the state’s biggest city — the formula would mean fewer polling places in 13 of the 24 districts contained in the county, all currently represented by Democrats. Every district held by a Republican would either see a gain in polling places or see no change.

Take a moment and let that sink in, and then go to the story to look at the table. Thirteen Democratic districts would lose a total of 73 voting locations (two others, HDs 135 and 149, would add thirteen), while seven Republican districts would add 59 locations (HDs 128 and 129 would have no change). It doesn’t get any more blatant than this.

For election administrators in the targeted counties, the forced redistribution of polling places would come shortly after most of them ditched Election Day precinct-based voting and began allowing voters to cast ballots at any polling place in a county. Many Texas counties have operated under that model, known as countywide voting, for years, but it has been taken up most recently by both blue urban metros and Republican-leaning suburbs.

“It was unexpected to find language that ties voting locations to where you live exactly in the [same section of state] code that says you can vote wherever,” said Heider Garcia, the elections administrator for Tarrant County, which made the switch to countywide voting in 2019.

While SB 7 targets the state’s biggest counties that use countywide voting, the more than 60 other Texas counties that offer it — many rural and under Republican control — would remain under the state’s more relaxed rules for polling place distribution.

In urban areas, a formula based on voter registration will inherently sway polling places toward Republican-held districts. House districts are drawn to be close to equal in total population, not registration or voter eligibility. Registration numbers are generally much lower in districts represented by Democrats because they tend to have a larger share of residents of color, particularly Hispanic residents — and in some areas Asian residents — who may not be of voting age or citizens. That often results in a smaller population of eligible voters.

But in selecting voting sites, counties generally mull various factors beyond voter registration. They consider details like proximity to public transportation, past voter turnout, areas where voters may be more likely to vote by mail instead of in person and accessibility for voters with disabilities. In urban areas in particular, election officials also look to sites along thoroughfares that see high traffic to make polling places more convenient. Some of the Republican districts that would gain polling places under the proposed formula are situated toward the outskirts of a county or along the county line, while the Democratic seats losing voting sites are closer to the urban core.

“It’s much more than throwing darts at a board,” said Isabel Longoria, the Harris County election administrator. “There’s a lot of parameters that go into choosing a location. It’s not based on partisanship or what House district you’re in but really what will provide access to voters historically, socially, culturally, transportation-wise and everything in between.”

Counties like Harris must also confront historic and racist underdevelopment in communities that are home to large populations of people of color, particularly historic Black communities. In some suburban areas, Longoria posited, the county will be able to use a large high school gymnasium or community center where it can set up 20 to 30 voting machines, but in a historically Black neighborhood, they may need two smaller locations.

Emphasis mine. Again: couldn’t be more blatant. This is exactly the sort of thing that the preclearance requirement of the Voting Rights Act would have stopped, because it would have had to be reviewed before it could be implemented. Bill author Sen. Bryan Hughes claims that this is just about ensuring that partisan election officials in these counties can’t favor some voters over others, but when the end result is this ludicrously tilted in a partisan direction, it’s impossible to take that seriously.

As noted in the story, SB7 was greatly changed in the House and is now in conference committee, where no one really knows what will emerge. It’s hard for me to imagine that anyone with sufficient influence in that committee will advocate for leaving this provision on the cutting room floor, but we won’t know until they emerge with a finished product. And once the bill, in whatever form, becomes law, the litigation will begin.

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