Off the Kuff Rotating Header Image

Anti-Defamation League

Where are we with the lawsuit to stop Harris County from sending out vote by mail applications?

Thanks for asking, we had the hearing in district court yesterday.

Voting in person will be safe across Texas in this fall’s general election despite the ongoing coronavirus pandemic, the state’s elections director asserted in a Harris County courtroom Wednesday

Keith Ingram, with the Texas Secretary of State’s office, made the statement while testifying against Harris County Clerk Christopher Hollins’ plan to send mail ballot applications to all 2.4 million registered voters in the county.

“Voters who want to vote by mail, and qualify to vote by mail, they should. And voters who want to vote in person, we would encourage them to do so,” Ingram said. “It’ll be safe for them to do so, and the counties will have a good experience for the voters.”

The Attorney General’s Office called Ingram as a witness in an injunction hearing seeking to halt Hollins’s plan while the underlying case makes its way through the courts. Attorney General Ken Paxton sued Hollins on Aug. 31.

State District Judge R.K. Sandill made no immediate ruling on the injunction, though at times appeared skeptical of the state’s arguments.

At the heart of the case is whether Hollins would exceed his authority as county clerk by sending mail ballot applications to each voter, which Harris County never has done. In the four-hour online hearing, lawyers for the state and county described starkly different consequences of carrying out the plan.

Ingram said Harris County’s plan would confuse voters and encourage some to vote fraudulently, undermining the public’s trust in the integrity of elections. He noted that lying on a mail ballot application is a state jail felony and residents could be prosecuted well after this fall’s election.

“When something strange, or unusual happens, voters are very concerned that this is an opportunity for fraud, and when they think the other side is cheating, they tend to stay home, Ingram said. “That’s the concern about a mass mailing like this.”

Hollins said he simply is trying to help as many eligible voters cast ballots as possible, especially during the COVID-19 pandemic when many would feel safer voting by mail. The top of each application would feature a checklist explicitly explaining the eligibility rules. Hollins dismissed the state’s argument that voters would be confused as absurd.

“It would be a very bizarre and highly unlikely outcome that somehow, someone would unfold this fully, go to the very bottom, and think ‘I need to fill this out,’ without ever having looked up here,” Hollins said, pointing to a draft mailer in his hand.

See here and here for the background. You already know how I feel about this, and there’s nothing in this story to suggest that the state has improved on its weak arguments. I’m glad to see that Judge Sandill pointed out to the state that they had no objections before when Hollins sent applications to every over-65 voter in the county. There’s an edge of desperation in this lawsuit, and while one could argue it’s not the best use of the county’s money to do this, the law as interpreted by the Supreme Court seems pretty clear.

Several organizations have taken action to support the County Clerk or oppose the state. The League of Women Voters of Texas, the ACLU of Texas and the Texas Civil Rights Project filed an amicus brief, as HEB executive Charles Butt had previously done. The NAACP of Texas and the Anti-Defamation League Southwest Region filed a petition to intervene in opposition to the state, saying an injunction would harm the people they represent. Clerk Hollins’ response to Paxton is here. We should get the ruling by tomorrow, but we all know it will be appealed.

Speaking of such thing, here’s Hollins’ response to Hotze, from that ridiculous mandamus. The arguments are what you’d expect, and given the courtroom action in Houston I’d expect the Supremes to deny the writ, since there clearly is the time to litigate the matter. When they take action is of course anyone’s guess. Stay tuned.

Hate groups are getting busy on college campuses

From the Anti-Defamation League, another reason to be worried, if you needed one.

White supremacists, emboldened by the 2016 elections and the current political climate, are currently engaged in an unprecedented outreach effort to attract and recruit students on American college campuses. The Anti-Defamation League (ADL) has cataloged 104 incidents of white supremacist fliering on college campuses since the school year began in September 2016, with surge of activity since January 2017, when 63 of the total incidents (61 percent) occurred.

Until recently, on-the-ground white supremacist actions have been relatively infrequent on college campuses. But this year has been different, according to ADL’s Center on Extremism. White supremacists are using a variety of tactics including anti-Semitic, anti-Muslim and racist fliers, as well as on-campus appearances and speeches by racist activists.

“White supremacists have consciously made the decision to focus their recruitment efforts on students and have in some cases openly boasted of efforts to establish a physical presence on campus,” said Jonathan A. Greenblatt, ADL’s CEO. “While there have been recruitment efforts in the past, never have we seen anti-Semites and white supremacists so focused on outreach to students on campus.”

White supremacist engagement tactics on campus range from the virtual, such as sending racist fliers to thousands of campus fax machines, to on the ground rallies and speaking engagements. More extremists are also making a point of visiting campuses to speak with students individually. This is part of a push to move their activism from online chatter to “real world” action.

See here for a fuller report. As noted by the Current, seventeen of these documented incidents have taken place on campuses of Texas universities, with Texas State being especially popular. I don’t have a prescription for this, but it’s everyone’s responsibility to be part of the resistance to it. Among other things, it would be very nice if our state leaders addressed the problem, spoke out against it, and maybe had just the tiniest glimmer of self-awareness for the role their support of Donald Trump has had in exacerbating this problem.