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Bryan Hughes

Social media censorship law blocked

For now. As long as the outlaw Fifth Circuit exists, we can’t say more than that.

A federal judge on Wednesday blocked a Texas law that seeks to restrict how social media companies moderate their content and was championed by Republicans who say the platforms are biased against conservatives.

The law, signed by Gov. Greg Abbott on Sept. 9, would ban platforms with more than 50 million monthly users in the U.S. from removing a user over a “viewpoint” and require them to publicly report information about content removal and account suspensions. It was set to take effect Dec. 2.

In his ruling, U.S. District Judge Robert Pitman wrote that the First Amendment protects social media platforms’ right to moderate content and rejected the defendants’ argument that such companies are “common carriers.” Pitman also ruled that some aspects of the law were “prohibitively vague.”

“This Court is convinced that social media platforms, or at least those covered by [House Bill] 20, curate both users and content to convey a message about the type of community the platform seeks to foster and, as such, exercise editorial discretion over their platform’s content,” Pitman wrote.

[…]

Supporters of the law say it ensures that users’ political views go uncensored. State Rep. Briscoe Cain, R-Deer Park — who authored the bill, known as House Bill 20 — compared tech companies to “common carriers” like phone companies or cable providers, which are barred from customer discrimination.

But a federal judge who blocked a similar Florida law in June said such comparisons aren’t accurate. Thomas Leatherbury, the director of the First Amendment Clinic at Southern Methodist University Dedman School of Law, told The Texas Tribune in September that the Texas law is “clearly unconstitutional,” with the same flaws as the Florida law “and then some.”

By targeting only the largest social media platforms, Leatherbury said the law violates the equal protection clause. The law largely prohibits electronic mail service providers from blocking messages based on their content, which Leatherbury said restricts email services’ First Amendment rights.

See here and here for the background. You can see the court order here, some commentary on it here, and NetChoice’s press release here. As with all things, Texas is sure to go running to the Fifth Circuit to get them to ratify their lawlessness, and the usual bet is that the Fifth Circuit will provide room service for them. Maybe this time it will be different since the law attacks businesses instead of just people, but conservatives have decided those particular businesses are Bad for them, so the usual bet is still probably the correct one. But for now, at least this is one terrible new law that won’t get a chance to be enforced. For now.

Social media censorship lawsuit has its day in court

It’s a very dumb law that will hopefully be stopped before it takes effect tomorrow.

Lawyers for two large tech industry groups appeared Monday in federal court in Austin to argue that Texas’ new social media law — inspired by Republican complaints that conservatives are ill-treated on Twitter, Facebook and other large platforms — should be blocked as unconstitutional.

Known as House Bill 20, the law lets social media users sue if they are blocked or their posts are removed based on the user’s viewpoint. It also gives companies two days to respond to user complaints about content removal and two weeks to handle appeals if users disagree with the action.

But lawyer Scott Keller argued that the law should be blocked from taking effect Thursday because it violates the First Amendment free speech right of social media companies to monitor, screen and delete content published on their platforms.

Instead, Keller said, the law requires platforms to continue publishing posts that violate their terms of service, including those that glorify Nazis or spread medical misinformation.

“This is a striking assertion of government power,” he told U.S. District Judge Robert Pitman during a two-hour in-person hearing Monday in downtown Austin. “The First Amendment protects editorial discretion.”

HB 20 also creates an onerous set of regulations on complaints and appeals that would be impossible to meet, Keller argued, noting that in a three-month period earlier this year, YouTube removed 9.5 million videos and 1.16 billion comments for violating decency and other standards.

But Assistant Attorney General Courtney Corbello argued that the law does not stop social media companies from prohibiting certain types of content.

“HB 20 says continue to have your policies, continue to prohibit the content the way you want to, just don’t discriminate against people,” she said. “HB 20 prohibits viewpoint discrimination. It does not prohibit content moderation.”

Corbello also disputed claims that the law is onerous, noting that Facebook and YouTube already inform users when content is removed and have an appeals process in place to resolve disagreements.

See here for the background. I may have been wrong about the timing of the slapdown on this dumb law, but I don’t think I’m wrong about the outcome. This time I can point to someone with fancy law credentials who also thinks this law is trash and the lawsuit will succeed – see here for the analysis of HB20, and here for his thoughts on the filings. There are other analyses of the law and similar ones in equally ridiculous states like Florida, which you should read, and there’s this resource page from NetChoice, one of the plaintiffs, if you really want to go deep. As I said, this and other laws from the special session go into effect tomorrow, so expect there to be something in short order.

It’s mostly about the gay books

Color me not surprised.

Greg Abbott in the 80s

While a Texas House committee chairman’s inquiry into schoolbooks has often been linked to new state laws limiting how teachers address slavery and racism, most of the literature he’s called into question deals with a wholly different subject: LGBTQ issues.

That has also been the focus of Gov. Greg Abbott’s recent demands of the Texas Education Agency to work with other statewide agencies to set standards to prevent schoolchildren from exposure to what he’s defined as “pornography or other inappropriate content” and to investigate any possible related crimes. The books that prompted such labels and backlash from parents at a handful of Texas school districts are written by LGBT authors and discuss LGBT identity and relationships.

Democrats have denounced the Republican efforts as politically motivated attacks meant to gin up support from their base that they say will ultimately result in censorship and harm students, especially those who are already marginalized.

It’s part of a trend of conservative-led fights across the country over how schools can teach about issues of race, particularly systemic racism, as well as sex and gender, blurring the already faint line between local and national politics.

Rep. Matt Krause, R-Fort Worth, chairman of the House General Investigating Committee, had given the districts until Friday to respond to his inquiry. Several reached by Hearst Newspapers — including Katy and Fort Bend in the Houston area and Northside and Spring Branch in the San Antonio area — said Thursday that they were still reviewing the request and/or did not expect to make the deadline.

The letter had asked districts whether they carried any books on a list of about 850 that included Pulitzer Prize winners and other acclaimed literature.

Krause, who has not responded to multiple requests for comment, has said the purpose of his request is to verify that the districts are in compliance with new laws passed this year.

[…]

Danika Ellis, who runs The Lesbrary, a blog about lesbian and bisexual books, reviewed the list of titles Krause ran by school districts. She found — as a Hearst Newspapers analysis also concluded — that more than 60 percent of the books had to do with matters related to LGBT topics. About 20 percent touched on transgender issues or featured a transgender character. At least 9 percent related to sex education.

That’s compared with just about 8 percent that relate to race and racism. The rest of the books were not as easily categorized but related to topics such as teen pregnancy, abortion, contraception, sexual assault and sexually transmitted diseases.

“This house bill is supposed to prevent ‘discomfort,’ but what about the discomfort of kids who experience racism or who never see themselves represented in the curriculum or the books on the shelves?” Ellis wrote on her blog. “What about the discomfort of queer kids who see that even mentioning people like them is categorized as inappropriate or obscene or even ‘pornography’?”

HB1525 was primarily meant to make adjustments to the major school finance bill, HB3, passed in 2019. But a last-minute amendment by Sen. Bryan Hughes, R-Mineola, inserted language that required school boards to develop a policy for the adoption of human sexuality curriculum and set new guidelines for boards to follow in approving the curriculum.

They now have to take into account the advice of local school health advisory councils, parent groups appointed by school boards that give recommendations. They also were already required to ensure any approved materials were “suitable for the subject and grade level for which the curriculum materials are intended” and “reviewed by academic experts.”

Hughes did not respond to a request for comment.

Rep. Mary González, D-Clint, who co-authored the bill and chairs the Texas House LGBT Caucus, said it “never had the breadth” that Krause is claiming it has.

“The SHAC was put into a school finance bill to continue to target sex education when we know research tells us the opposite: that medically accurate, age-appropriate sex education is really important to holistic development,” González said. “However, what Rep. Krause has been trying to do over the last few weeks is beyond sex education and beyond the SHAC’s work, and he is primarily doing this not out of concern for children but out of political advantage for his own attorney general race.”

See here and here for the background. As of Friday afternoon, Austin and Dallas ISDs had said they will not respond to Krause’s request; it’s my hope that more ISDs, including Houston, will follow suit. The Trib has two more stories about this publicity/campaign stunt by Krause, which you can read as you see fit. I hate giving the little twerp any more attention for this, but ignoring it doesn’t seem right, either.

Some years ago, I was having a discussion with a friend about then-Mayor Annise Parker’s victory in the 2009 election over Gene Locke. I was trying to figure out why Parker did better in the Republican City Council districts than Locke did, given that Locke had made some effort to woo Republican voters. My friend’s response was “they’re more racist than they are homophobic”, which I still think about from time to time. From the vantage point of today, maybe that’s not so clear anymore.

Chick-Fil-A and the “heartbeat” lawsuits

I’d forgotten all about this.

A case that’s before the Texas Supreme Court this fall could have strong implications for the future of the state’s newly adopted abortion ban, the most prohibitive in the nation.

The suit relates to a 2019 law that, like the abortion law, was authored by state Sen. Bryan Hughes, R-Mineola.

Known as the “Save Chick-fil-A” law, it allows anyone to sue when they believe a governmental entity has taken “adverse actions” against a person or company based on its support for a religious organization, as Republican lawmakers believed the city of San Antonio did when excluding the fast-food restaurant from its airport.

Civilian enforcement is also the key to the new state law that effectively bans abortion, Senate Bill 8 — a provision that has so far allowed it to survive a legal challenge based on Roe v. Wade, the 1973 Supreme Court case establishing women’s right to abortions. At issue in both cases: Can a state law grant private citizens standing to sue?

“The standing issue in the case is essentially the same,” said Jason Steed, a Dallas-based appellate lawyer and court watcher who is not involved in the case. “That’s what’s interesting about it is that the court could decide that standing issue and whatever they decide about that issue would have direct implications for SB 8.”

[…]

The city council’s decision to ban the restaurant had animated conservatives who saw it as discrimination against the company because its owner had given money to Christian groups that oppose same-sex marriage.

Gov. Greg Abbott, surrounded by Republican lawmakers, each with a Chick-fil-A styrofoam cup in hand, signed Hughes’ bill in July 2019, and celebrated it as a victory for religious freedom.

The suit before the Texas Supreme Court was brought on Sept. 5, 2019, by five Chick-fil-A supporters who said they were harmed because they would have been customers of the restaurant had it opened in the city-owned airport.

Still, they note in the suit that the law does not require them to prove damages and purports to give standing to anyone who alleges a violation. They are seeking a court order to stop the city from excluding the fast-foot chain from this project and potential ones with the city in the future.

It’s unclear whether the company wants into the airport. In September 2020, San Antonio was forced to offer Chick-Fil-A its spot back as part of an agreement with the Federal Aviation Administration’s Office of Civil Rights under the Trump administration. The settlement helped the airport avoid penalties that could have jeopardized millions of dollars in funding from the agency.

But Chick-Fil-A declined, and the city has since given the spot to Whataburger, which is slated to open by next spring.

In August of 2020, the Fourth Court of Appeals in San Antonio sided with the city and reversed a lower court’s decision, ruling that the city had sovereign immunity, a legal principle that protects governments and their agencies from lawsuits.

See here, here, and here for some background. Ken Paxton filed a lawsuit in July of 2019, before the five busybodies filed theirs. The easy way out for SCOTx is to uphold the Fourth Court’s ruling, which would allow them to not address the question of standing, which as noted is at the center of SB8. The city of San Antonio argued that the plaintiffs did not have standing, and as of today there’s no adjudication on that matter. Sooner or later, one way or another, we’ll get some kind of answer to that.

The Lege may fail to enshrine Abbott’s max anti-vaxx order into law

One bit of good news.

Legislation intended to block any Texas entity, including hospitals and private businesses, from mandating COVID-19 vaccines for employees has stalled out in the Senate with less than two days left in the third special legislative session this year.

State Sen. Kel Seliger, R-Amarillo, said he opposes the bill, which makes entities requiring the vaccines vulnerable to discrimination lawsuits. Seliger said the legislation — added to the session agenda as a late priority by Gov. Greg Abbott — does not have the votes to pass in the upper chamber.

“At the moment it’s not too well developed,” Seliger said of Senate Bill 51, authored by state Sen. Bryan Hughes, R-Tyler, calling it “anti-business.”

“I’ve got some real reservations because I think it’s another example of big government,” Seliger said. “And we don’t do that.”

SB 51 has been on the Senate’s calendar since Thursday, but the chamber has not taken action, even as it passed other priority legislation.

The special session is scheduled to end Tuesday, and the vaccine legislation is one of only a few outstanding Abbott priorities that appears unlikely to get through the finish line.

“It’s dead,” state Sen. Juan “Chuy” Hinojosa, D-McAllen, said of SB 51.

[…]

More than two dozen medical and business advocacy groups quickly criticized SB 51, pushing back against the legislation in the days after it was introduced last week. Hughes filed the bill after Abbott asked lawmakers last week to take up this issue to ensure Texans aren’t required to get vaccinated, saying that vaccines are “safe, effective, and our best defense against the virus, but should remain voluntary and never forced.”

Abbott called for the legislation as he took executive action to ban private companies from requiring employees or customers to be vaccinated against COVID-19, which will be in effect statewide even if lawmakers don’t act. His order came four weeks after Democratic President Joe Biden announced that federal contractors must have all employees vaccinated against COVID-19 and that businesses with more than 100 employees must mandate vaccination against the virus or require regular testing.

The organizations opposing the bill, including several chambers of commerce, the Texas Association of Business, the Texas Hospital Association, the Texas Association of Manufacturers, the Texas Hotel & Lodging Association and the Texas Trucking Association, have warned lawmakers of the legislation’s risks to small businesses, workplaces that rely on federal funding and immunocompromised Texans.

The warnings were notable in a state where business interests work closely with pro-business Republicans to influence legislation.

“We’re getting tremendous amount of communications from the business community saying this is their job,” Seliger said. “They set the rules and working conditions in their places of business.”

See here and here for some background. From the jump there were stories of strong opposition from business groups, who are normally very friendly to Republicans, to this bill. Given that the session ends today, I’d say the odds that this bill dies with it are pretty good. But I don’t want to get too overconfident, because it is entirely possible that enough objectionable pieces of that bill could get filed off, and it would be at the top of the agenda for a fourth session, whether or not one is needed. So count this as a provisional win, and hope for the best from here.

The poisoned fruit of the anti-Critical Race Theory tree

Pass stupid, racist laws, get stupid, racist outcomes.

A top administrator with the Carroll Independent School District in Southlake advised teachers last week that if they have a book about the Holocaust in their classroom, they should also offer students access to a book from an “opposing” perspective, according to an audio recording obtained by NBC News.

Gina Peddy, the Carroll school district’s executive director of curriculum and instruction, made the comment Friday afternoon during a training session on which books teachers can have in classroom libraries. The training came four days after the Carroll school board, responding to a parent’s complaint, voted to reprimand a fourth grade teacher who had kept an anti-racism book in her classroom.

A Carroll staff member secretly recorded the Friday training and shared the audio with NBC News.

“Just try to remember the concepts of [House Bill] 3979,” Peddy said in the recording, referring to a new Texas law that requires teachers to present multiple perspectives when discussing “widely debated and currently controversial” issues. “And make sure that if you have a book on the Holocaust,” Peddy continued, “that you have one that has an opposing, that has other perspectives.”

“How do you oppose the Holocaust?” one teacher said in response.

“Believe me,” Peddy said. “That’s come up.”

Another teacher wondered aloud if she would have to pull down “Number the Stars” by Lois Lowry, or other historical novels that tell the story of the Holocaust from the perspective of victims. It’s not clear if Peddy heard the question in the commotion or if she answered.

Peddy did not respond to messages requesting comment. In a written response to a question about Peddy’s remarks, Carroll spokeswoman Karen Fitzgerald said the district is trying to help teachers comply with the new state law and an updated version that will go into effect in December, Texas Senate Bill 3.

“Our district recognizes that all Texas teachers are in a precarious position with the latest legal requirements,” Fitzgerald wrote, noting that the district’s interpretation of the new Texas law requires teachers to provide balanced perspectives not just during classroom instruction, but in the books that are available to students in class during free time. “Our purpose is to support our teachers in ensuring they have all of the professional development, resources and materials needed. Our district has not and will not mandate books be removed nor will we mandate that classroom libraries be unavailable.”

[…]

The debate in Southlake over which books should be allowed in schools is part of a broader national movement led by parents opposed to lessons on racism, history and LGBTQ issues that some conservatives have falsely branded as critical race theory. A group of Southlake parents has been fighting for more than a year to block new diversity and inclusion programs at Carroll, one of the top-ranked school districts in Texas.

Late last year, one of those parents complained when her daughter brought home a copy of “This Book Is Anti-Racist” by Tiffany Jewell from her fourth grade teacher’s class library. The mother also complained about how the teacher responded to her concerns.

Carroll administrators investigated and decided against disciplining the teacher. But last week, on Oct. 4, the Carroll school board voted 3-2 to overturn the district’s decision and formally reprimanded the teacher, setting off unease among Carroll teachers who said they fear the board won’t protect them if a parent complains about a book in their class.

Teachers grew more concerned last Thursday, Oct. 7, when Carroll administrators sent an email directing them to close their classroom libraries “until they can be vetted by the teacher.” Another email sent to teachers that day included a rubric that asked them to grade books based on whether they provide multiple perspectives and to set aside any that present singular, dominant narratives “in such a way that it … may be considered offensive.”

You can click over to see that rubric for what books are “good” and “bad”; it’s every bit as ridiculous and impenetrable as you think. It’s grimly amusing to see Republican legislators defend their stupid bill, in the story and on Twitter. They’re out there pleading “this isn’t what the bill says”, but what they really mean is “just teach what we agree with or else”. That was clear from the beginning, and the backtracking now is just to deflect blame.

The Trib came in a couple of days later with more on this.

The Texas law states a teacher cannot “require or make part of a course” a series of race-related concepts, including the ideas that “one race or sex is inherently superior to another race or sex,” or that someone is “inherently racist, sexist, or oppressive” based on their race or sex.

Since Texas Gov. Greg Abbott signed the anti-critical race theory bill into law June 15, reports of schools struggling to comply with it have surfaced, most notably in Southlake.

[…]

After news surfaced this week about Southlake’s Holocaust guidance to teachers, state Sen. José Menéndez, D-San Antonio, wrote a letter Thursday to Mike Morath, the Texas Education Agency commissioner, requesting a review of how school districts are implementing the law to “refute hateful and racist rhetoric in our Texas public schools.”

“When this bill passed legislators warned that racist attacks would occur. It is our job to take every step possible to ensure an open and diverse forum, without subjecting our children to racism and hateful rhetoric,” Menéndez wrote.

State Sen. Kelly Hancock, R-North Richland Hills, tweeted Thursday simply that “Southlake just got it wrong.”

He added, “School administrators should know the difference between factual historical events and fiction. … No legislation is suggesting the action this administrator is promoting.”

Paul Tapp, attorney with the Association of Texas Professional Educators, said his organization has received questions from teachers because they don’t know what they can teach. A biology teacher asked if they should give equal time to creationism and evolution.

“These are two good examples of what the dangers of this kind of law are,” Tapp said. “The point of public education is to introduce the world to students. It’s not there to protect students from the world.”

[…]

Following the Legislature’s intent may get even more complicated for schools, teachers and parents in the coming months. This December, Senate Bill 3, authored by state Sen. Bryan Hughes, R-Mineola, and passed in the state’s second special session in August, will place more restrictions on a school’s curriculum.

SB 3 says that at least one teacher and one campus administrator at each school must undergo a civics training program. Also, it says teachers cannot be forced to discuss current controversial topics in the classroom, regardless of whether in a social studies class or not. If they do, they must not show any political bias, the law says.

“What I would hope most of all is that school districts will actually read the law, and apply the law as written and not go beyond what the law actually requires them to do,” Tapp said. “As soon as I read the bills, I expected that this would be the result of it, and I don’t think we’ve heard the last of it.”

I agree, it’s just the beginning. I would point out that bills like this were in response to things like the 1619 Project, which was all about correcting historical fictions and untruths, and yet would very much get any teacher who used it in a classroom in trouble. That’s the whole reason for these laws. I guarantee we’re going to see a lot more of this kind of thing, especially in wealthy and historically conservative but now changing suburbs like Southlake and Katy, and it will be every bit as stupid and alienating and racist each time. If it hasn’t happened at a school near you yet, just wait. Slate has more.

If in Texas you can’t get justice…

Try somewhere else.

An abortion provider in Texas took the unusual step Tuesday of asking a federal judge in another state to declare unconstitutional the six-week-ban on the procedure that took effect last month in Texas.

Lawyers for Dr. Alan Braid, a San Antonio physician who acknowledged performing an abortion after the state’s legal limit, wants a judge in Illinois to block three lawsuits filed against him under the ban, which has halted almost all abortions in the nation’s second-most-populous state.

Abortion providers and advocates say they are in “legal limbo,” after twice asking the Supreme Court to intervene to block enforcement of the law, which bars abortion as early as six weeks into pregnancy with no exception for rape or incest.

They are awaiting action in the three lawsuits against Braid, as well as word from a federal judge in Austin, who could rule at any time on the Justice Department’s request for an injunction to restore abortion access in Texas.

“Dr. Braid filed suit today to stop the vigilante plaintiffs and get this extreme abortion ban declared unconstitutional once and for all,” Nancy Northup, president of the Center for Reproductive Rights, said in a statement.

“He should never have had to put himself at legal risk to provide constitutionally protected abortion care. This legal limbo has gone on long enough and needs to be stopped.”

[…]

Braid came forward last month, announcing in a Washington Post column that he had performed an abortion past the legal limit and essentially inviting a lawsuit so he could directly challenge the constitutionality of the ban.

Three individuals — one in Arkansas, one in Texas and another in Illinois — quickly filed lawsuits against Braid in state court in Texas.

The Center for Reproductive Rights, representing Braid, now wants to consolidate the “competing claims” in those cases in federal court in Illinois.

Braid’s lawyers say they can take this step because three different people in three different states have filed similar claims to an award of at least $10,000.

“The likelihood of strangers filing multiple, overlapping lawsuits against a provider is a feature of SB8, and not an accident,” the court filing states, making reference to the law, which was formally classified as Senate Bill 8.

Braid said that none of the individuals has a right to damages because the law is unconstitutional under the Supreme Court’s Roe v. Wade decision guaranteeing the right to abortion before viability, usually around 22 to 24 weeks.

Braid also has a right, the filing states, “to avoid wasteful, vexatious and duplicative litigation and potentially conflicting rulings.”

See here, here, and here for some background. I knew about the Arkansas and Illinois lawsuits against Dr. Braid, but had not been aware of the third one. Looking at the defendants named in the filing, it appears that the third litigant is one of the frequent commenters here. I’ll let him explain himself about that.

These lawsuits are all in state court. There is also the bottleneck imposed by the Texas Multidistrict Litigation Panel (supported by the Supreme Court) on lawsuits by providers to get injunctions against other potential litigants, but from my read of the lawsuit that does not appear to be at issue here. The larger point is that not just Dr. Braid but every abortion patient and provider and clinic employee and volunteer and many other people have a right to their day in court, and to have a clearly unconstitutional law be put on hold while legal questions surrounding it are being decided. That’s what is being asked for here, and that is what has been denied all these people by SCOTUS, the Fifth Circuit, and the Supreme Court of Texas. If this is what it takes to finally bring a (temporary) halt to this travesty then so be it, but it should never have come to this in the first place.

UPDATE: Late in the day yesterday, the judge in the federal lawsuit filed by the Justice Department against the state of Texas issued a temporary restraining order that blocks any SB8 lawsuits from being filed. We all know that the Fifth Circuit already has an order ready to block that, but for now that would seem to moot this action. I’ll post about this ruling tomorrow.

The Senate returns to its usual crap

What an absolute disaster our state’s upper chamber is.

The Texas Senate began work Monday on two Republican voting bills that have uncertain futures — one raising criminal penalties for illegal voting and another that got a recent boost from former President Donald Trump because it would allow for audits of 2020 general election results.

Senate Bill 47 by Sen. Paul Bettencourt, R-Houston, would let state and county leaders of the two major political parties pursue audits of 2020 election results in individual counties. SB 47 also would let candidates and party officials demand audits to confirm the results of future elections.

The bill, however, is not eligible for passage because it is not reflected in the special session agenda as set by Gov. Greg Abbott, the only person with the power to call the Legislature into special session and set its agenda.

Abbott has not indicated whether he will add the topic to the session’s to-do list.

And then there’s SB 9, which would make certain types of illegal voting a felony again after the Legislature knocked the offenses down to a misdemeanor in the previous special session.

Abbott added the issue to the special session Thursday, saying the lighter penalties — changed by a House amendment in the closing days of the second special session — sent the wrong message about the state’s commitment to election integrity.

Abbott’s request, however, was snubbed by House Speaker Dade Phelan, R-Beaumont, who said House members won’t undo their “thoughtful amendments” and will instead focus on redistricting with little more than two weeks remaining in the third special session.

See here for more about the fruadit, which Bettencourt’s bill would enshrine into law as a permanent source of chaos and disinformation. Both bills were voted out of committee and have now been approved by the full Senate. In theory, neither of these will get anywhere – there’s no agenda item for a fraudit bill, and Speaker Phelan has pooped on the double-secret-illegal-voting bill – but that relies on a higher level of trust in Republican actions than I’m comfortable with. Just get these sessions over with already.

Lawsuit filed over our very dumb new social media “censorship” law

So very dumb.

Texas is being sued over its new law barring social media platforms from banning users over their political views by two trade associations that represent some of the industry’s biggest online companies.

NetChoice and the Computer and Communications Industry Association, which represent Google and Twitter, among other companies in the e-commerce and social media industries, filed a lawsuit Wednesday asking a federal judge to block the law.

Under the law, which was passed by the Legislature as House Bill 20, and signed by Gov. Greg Abbott on Sept. 9, social media platforms with over 50 million monthly users in the U.S. — a threshold that includes Twitter, Facebook, Instagram and YouTube — must publicly report details about content removal and account suspensions biannually. The platforms are also required to establish an easily accessible complaint system, where users could flag violations of the law.

Supporters of the bill said it was a necessary step to ensure users’ viewpoints aren’t censored and people who are blocked have a path for recourse.

The state cannot force platforms to host content they wouldn’t otherwise host, the presidents of NetChoice and CCIA said in a Tuesday meeting with reporters. The law threatens the safety of users, creators and businesses that use platforms to reach their audiences, said NetChoice President and CEO Steve DelBianco.

“They can’t be forced to carry content that violates the community standards that they use to curate a community of online content that suits their advertisers and audience,” DelBianco said.

[…]

This lawsuit isn’t the first of its kind for NetChoice and CCIA. In May, the groups sued to block a similar measure in Florida, which became the first state to regulate tech companies’ speech. In June, a federal judge granted the request to block the enforcement of the law.

DelBianco said the First Amendment flaws outlined by the judge in Florida’s case “match pretty closely” to the Texas law.

I didn’t blog about this while it was happening because it was dumb. It was more performance art in a legislative session that was all about grievances and wingnut wish lists. This law will almost certainly die a quiet but expensive-to-defend death without ever being enforced, and we will all get on with our lives. And we will all be a little bit dumber because of it.

Final passage of the voter suppression bill

That’s all for now, we’ll see you in court for what will likely be a frustrating and unsatisfying denouement.

A wave of changes to Texas elections, including new voting restrictions, are headed to Gov. Greg Abbott’s desk.

Three months after House Democrats first broke quorum to stymie a previous iteration of the legislation, Republicans in the House and Senate Tuesday signed off on the final version of Senate Bill 1 to further tighten the state’s voting rules and rein in local efforts to widen voting access. Abbott, a Republican, is expected to sign it into law.

The bill was delayed one more time as its Republican author, state Sen. Bryan Hughes, disapproved of language added by the House to address the controversial conviction of Crystal Mason, a Tarrant County woman facing a five-year sentence for a ballot she has said she did not know she was ineligible to cast. Hughes’ objection triggered backroom talks to strip the Mason amendment before the bill could come up for a final vote.

[…]

On Tuesday, Democrats decried the Senate’s objection to the Mason amendment, with state Rep. John Turner, D-Dallas, stating he hoped it was “not because they believe that more people in situations like that of Crystal Mason should be prosecuted or imprisoned.”

[Rep. Garnet] Coleman and Turner were part of the panel that worked out the final version of the bill in backroom talks. Despite their support for the amendment, House Republicans on that panel also signed off on removing it.

The amendment — offered by state Rep. Briscoe Cain, R-Deer Park, but worked on as a bipartisan effort — was meant to prevent voter mistakes from being prosecuted as fraud.

“We’re just ensuring that people who do innocent things are not harmed from their past mistakes,” Cain said before it was quickly adopted by the House last Thursday.

Mason was convicted of illegal voting for casting a provisional ballot in the 2016 election while she was on supervised release for a federal tax fraud conviction. Her vote was never counted, and Mason has said she had no idea she was ineligible to vote under Texas law and wouldn’t have knowingly risked her freedom.

Tarrant County prosecutors pressed forward to land the conviction, which was upheld by a state appeals court that ruled that the fact Mason did not know she was ineligible was “irrelevant to her prosecution.” Her case is currently under review by the Texas Court of Criminal Appeals, the state’s court of last resort for criminal matters.

Cain’s amendment would have clarified existing law that currently defines illegal voting as an instance in which a person “votes or attempts to vote in an election in which the person knows the person is not eligible to vote” by emphasizing that a person must be aware of the “particular circumstances that make the person not eligible” and also that “those circumstances make the the person not eligible” to vote.

Mason’s case has played out as Republicans’ baseless claims of rampant illegal voting have intensified. But with lack of widespread evidence, her case has landed among the handful of high-profile prosecutions of people of color.

Mason, who is Black, is appealing her case as the Texas attorney general’s office prosecutes Hervis Rogers, who is also Black, after he was featured in news coverage of the March 2020 primaries for being the last person to vote at Texas Southern University in Houston at 1 a.m. His registration was active even though he was a few months away from completing his parole as part of a 25-year prison sentence for burglary and intent to commit theft in 1995.

Hughes on Thursday said the amendment raised concerns for “people in the building” and “outside the building” that the language could go farther than intended, and noted he believed non-citizens who vote in elections should be prosecuted even if they were not aware they were ineligible. Notably, the Mason amendment could have also affected the state’s prosecution of Rogers, who was charged with two counts of illegal voting.

Hughes also noted the bill still includes language that would require proof beyond a provisional ballot for an attempt to cast an illegal vote to count as a crime.

See here and here for some background. Credit to Briscoe Cain (a phrase I am unlikely to type again anytime soon) but in the end it was more important for the Republicans to keep going after the likes of Hervis Rogers and Crystal Mason because there aren’t any real voter fraud cases for them to tout. Look, either we get the John Lewis Act through the US Senate, or this is our reality until Democrats have full control of state government and sufficient awareness that even the watered down two thirds rule is a trap that (like the filibuster) will not allow them to pass anything of substance. I don’t care to speculate when that might be.

Day 13 quorum busting post: Just a reminder, the voter suppression bill still sucks

I’ll get to that in a minute, but first there’s this bit of business.

Rep. Philip Cortez

Texas House Speaker Dade Phelan, R-Beaumont, signed a civil warrant for the arrest of state Rep. Philip Cortez, a San Antonio Democrat who rejoined his colleagues in Washington, D.C., on Sunday to help prevent the passage of a GOP-backed election bill.

The warrant is not likely to have impact since Texas law enforcement lacks jurisdiction outside the state. It is the first one signed by the speaker since more than 50 House Democrats left the state to block Republicans from having the quorum needed to pass legislation during the special legislative session that began earlier this month.

Last week, Cortez returned to Austin from Washington in what he said was an attempt to engage in “good faith dialogue” about House Bill 3, the election legislation. Other Democrats criticized Cortez’s move, saying the lawmaker did not first consult with them before returning to Austin.

By Sunday though, Cortez was back in Washington, saying in a statement that talks with lawmakers in Austin on negotiating the legislation “have not produced progress.”

In a statement Monday, Phelan said that Cortez “has irrevocably broken my trust and the trust of this chamber” after the lawmaker “represented to me and his fellow members that he wanted to work on policy and find solutions to bring his colleagues back to Texas.”

“As a condition of being granted permission to temporarily leave the House floor, Rep. Cortez promised his House colleagues that he would return,” the speaker said. “Instead, he fled the state.”

Cortez, who chairs the House Urban Affairs Committee, did not directly address the warrant in a statement Monday that said he owes “a duty to my constituents to do everything I can to stop this harmful legislation.”

I didn’t blog about the Cortez situation at the time. There were conflicting reactions from different House Dems, with some being quite pointed in their criticism of his actions, saying he was not representing them. It seems clear from the Chron story that some but not all of that has been cleared up.

Cortez said in a Monday morning interview that he decided to rejoin his Democratic colleagues in the nation’s capital after three unsuccessful meetings last week with state Rep. Andrew Murr of Junction, the GOP sponsor of the elections measure.

He and Rep. John Turner, D-Dallas, one of the few Democrats who decided not to flee the state, had gone into negotiations with “six or seven pressure points” that they’d hoped to address — mostly concerning provisions in the bill that deal with the role of partisan poll watchers. But Cortez said Murr wouldn’t budge until Democrats came back to Texas.

“There was not any positive progress in terms of being able to move forward and improve the bill or improve the language of the bill, and upon seeing that, I decided to return back to D.C. and join my colleagues,” he said.

[…]

State Rep. Chris Turner, D-Grand Prairie and the head of the Texas Democratic Caucus, issued a statement Sunday night lauding Cortez as a “valued member of our caucus” who colleagues welcomed back to D.C. “with open arms.”

It was a de-escalation of a bitter back-and-forth that at times played out over social media last week as Democrats expressed frustration over Cortez’s departure, which he did not discuss with the delegation beforehand. Abhi Rahman, a Democratic aide, called Cortez a “gutless coward who has earned himself a primary challenge.”

Rahman said in an interview Monday that public pressure likely pushed Cortez to return.

“This isn’t the time for negotiations on voting,” Rahman said.

No one ever said this was for the faint of heart.

I don’t know enough about what Cortez thought he was doing, or whether he had sufficient buy-in to do what he did, but I do know that this bill continues to suck, and while it will never be worthwhile from our perspective, it could be made to be less actively harmful.

Amid all the fighting, most lawmakers have apparently overlooked a provision that would force counties to automatically reject some mail-in ballot applications. Here’s why: The Republican-authored legislation would require voters to submit either their driver’s license number or a partial Social Security number when applying to vote by mail. That number would then be cross-checked with the state’s voter-registration database. Most applicants would be fine, because almost 90 percent of all registered Texas voters have both their Social Security number and driver’s license number in the database. However, 1.9 million voters—about 11 percent of the total—have only one of the two numbers on file with the state.

During late-night testimony to a committee of the Texas House on July 10, Chris Davis, the elections administrator for Williamson County, explained that most of the voters with only one number on file wouldn’t remember which number they filed, often many years earlier, and would have to guess. “You have a 50 percent chance of the voter guessing wrong,” said Davis. Guess wrong and your application would be rejected, even if it’s been twenty years since you used your Social Security or driver’s license number to register to vote. “I challenge any person on the committee: do you remember what you filled out when you got your voter registration? I certainly don’t. And I’m in the business of this. And if [the numbers] don’t match, we’re rejecting.”

[…]

First during the regular session and then again in the ongoing special session, the authors of the “election integrity” legislation increasingly weakened crucial guardrails protecting the security of mail ballots. In addition to the new ID-matching requirements, it now contains a flawed way for voters to “cure,” or fix, a rejected mail-in ballot.

Enrique Marquez, spokesperson for House Speaker Dade Phelan, declined to answer questions about why the House moved the bill forward without addressing the ID-matching and curing issues, nor would he say whether there was any specific plan for addressing these issues if the House Democrats return to Austin. “There are no bills that can be considered on the floor until Democrats return home,” Marquez wrote in an email. “However, House Bill 3 author Andrew Murr has repeatedly stated he will work with all his colleagues to make the best bill possible.” (Murr’s chief of staff said Murr was aware of the problem and “looked forward to working with colleagues about remedying concerns about how differing numbers could result in a ballot not being counted.”)

Davis said many Republicans have failed to listen to the complaints of election officials, ignoring suggestions for improvements to nonpartisan, process-related issues. “It’s just like ‘Who is steering this bus?’” Davis told me. “They are following the pattern of only listening to their ‘the steal is real’ base and not consulting with any county elections officers.”

Davis said that while he decided to testify before the House, he chose not to give testimony before the Senate because Bryan Hughes, a Mineola Republican who chairs the State Affairs Committee, had brushed him off so many times before. Davis said he reached out to Hughes’s office about the ID-matching problem multiple times, but never received confirmation that a fix was in the works. Two legislative staffers, one working for a Republican and one for a Democrat, confirmed that the Texas secretary of state’s office had also advised legislators that the ID-matching provision needed to contain a failsafe for voters who do not have both numbers in the registration system, but the changes were never made. The staffers requested anonymity because they were not authorized to speak about negotiations. “Why are [election administrators] going to waste our time testifying?” asked Davis, who was appointed to his nonpartisan job by the Williamson County Commissioners’ Court. “They don’t care what we have to say. They haven’t from the beginning.”

County election administrators say the ID-matching provision imposes significant burdens on their offices, and they are unclear how to enforce it. Under the new language, the ID number—either a partial Social Security number or a driver’s license number—would have to be written on the envelope, forcing counties to spend thousands of dollars redesigning envelopes in order to accommodate a privacy flap that poll workers would peek under to check the number. “We’ve joked about whether it should be a scratch-off,” Davis said. If poll workers make an error or if voters, for example, transpose two numbers by accident, the application would be rejected with little opportunity for the voter to address the problem. “We don’t have time for that,” Davis said. “We’re getting down to registration deadlines by the time we receive a lot of these. There’s no time for the voter to mail another one.”

You should read the rest to learn more about the “curing” issue, in which untrained partisans get to review mail ballots and determine whether the signature on the (unopened) envelope matches the signature that’s on file from when you registered to vote. As the bill stands now, there’s no way to appeal if your ballot is rejected, and no opportunity to fix it, even though this kind of “curing” is standard and easily done in many states. This would also be redundant if the driver’s license or Social Security number matches, since the point of that is to verify identity. There are simple fixes, and the Republicans in the Lege have been aware of them for months, yet here we still are. There might be room to get the Dems back if dumb stuff like this were taken out or fixed, but the Republicans say they can’t or won’t do any of that until the Dems return on their own. That ain’t gonna happen, at least not in this session.

One thing that will happen:

Texas House Democrats who left the state to block GOP-backed efforts to enact new voting restrictions will testify on those proposals before a U.S. House subcommittee this week.

State Reps. Senfronia Thompson of Houston, Nicole Collier of Fort Worth and Diego Bernal of San Antonio are expected to make appearances on Thursday before the civil rights and civil liberties subcommittee of the U.S. House Committee on Oversight and Reform in a specially called hearing on contentious Texas legislation that would rewrite state election laws. The hearing will come in the middle of Texas Democrats’ third week in Washington, D.C., offering them a more formal stage on which to make their case against the legislation that prompted them to decamp to the U.S. capital.

“America is facing the most sweeping assault on the voting rights of the people since passage of the Voting Rights Act in 1965,” U.S. Rep. Jamie Raskin of Maryland, who chairs the subcommittee, said in a statement. “Texas is now Ground Zero in this battle, and we are honored to have these Texas lawmakers come to testify before our subcommittee about the struggle to defend basic democracy in their state.”

Again, the House isn’t really the problem, the Senate is, and it’s the ridiculous fidelity to the filibuster that’s at the heart of it. I refuse to give up hope, but time is not on our side. But at least our people in DC will get to be heard.

Day 2 quorum busting omnibus post

Gonna round up a few stories here. Don’t know how often I’ll be this energetic, or how often there will be this many stories that I see that are worth commenting on, but it is Day Two. We’re just getting started, and there’s lots of people still paying attention.

The cops are almost certainly not coming for the wayward Dems. I mean, come on.

A showdown in the Texas House was locked into place Tuesday after the chamber voted overwhelmingly to send law enforcement after Democrats who left the state a day earlier in protest of a GOP priority elections legislation.

More than 50 House Democrats left Monday for Washington, D.C., to deny the chamber a quorum — the minimum number of lawmakers needed to conduct business — as it takes up voting restrictions and other Republican priorities in a special session.

That agenda, set by Gov. Greg Abbott, includes House Bill 3 and Senate Bill 1, the election legislation at hand that would make a number of changes to Texas’ voting system, such as banning drive-thru and 24 hour voting options and further restricting the state’s voting-by-mail rules. Over the weekend, both House and Senate committees advanced the election bills.

The impact of the House move is unclear since Texas law enforcement lacks jurisdiction in the nation’s capital.

Meeting shortly after 10 a.m., the House quickly established that it lacked the two-thirds quorum required to do business, with only 80 of 150 members participating in a test vote.

Then Rep. Will Metcalf, R-Conroe, chair of the House Administration Committee, moved to issue what is known as a “call of the House” to try to regain quorum. That motion passed 76-4. Metcalf offered another motion, asking that “the sergeant at arms, or officers appointed by him, send for all absentees … under warrant of arrest if necessary.” That motion also passed 76-4.

Metcalf’s motions were opposed by four Democrats who were present on the House floor Tuesday morning: Reps. Ryan Guillen of Rio Grande City, Tracy King of Batesville, Eddie Morales Jr. of Eagle Pass and John Turner of Dallas.

Axios noted Greg Abbott on Fox News shaking his fist and threatening arrest as well. It’s noise – remember, a big part of this is about the PR for both sides – and in all honesty, it’s what I’d do in the Republicans’ position. Let’s just say I will be extremely surprised if anyone is met at the airport by police on the way back.

If 58 Dems went to DC, then there were nine who did not. We know four of them, at least, and they make sense – Guillen and Morales represent districts carried by Trump in 2020, King’s district trended redder in both 2016 and 2020, and Turner is not running for re-election. I’ll be interested to see who the others are. Everyone will have their reasons for their choices, and bear in mind that family responsibilities may well be among those reasons.

The Chron adds a few tidbits.

Rep. Morgan Meyer, R-Dallas, asked [Speaker Dade] Phelan on the floor Tuesday whether Democrats could be removed from committee chair positions for breaking quorum. The speaker said they could not.

Morales, whose gargantuan district spans an area from Eagle Pass nearly to El Paso, said he chose to stay in Texas because he believes it was what his constituents, who tend lean more conservative even among Democrats, wanted from him.

“I felt, and I think what my constituents expected, was for me to be in the Capitol, to make sure that I’m fighting for their rights, and that I fight in opposition to this voter suppression,” he said. “Everyone can fight and they can fight differently. My way of fighting is being here because that’s what my constituents expect.”

Morales said it is clear Democrats would be “steamrolled” when the Republican majority did not give them 24 hours after a House committee hearing this weekend to offer amendments based on the testimony they heard.

“It was just fanfare. They had no intention of actually working and actually coming to play and actually making those modifications necessary to the bill,” he said. “ That is why Democratic leadership decided to take the actions that they did.”

Morales said he expects that Phelan will allow members who ask permission to be excused to leave the chamber on an individual basis. He’ll need to do so to be at work at his day job as a city attorney on Tuesday night.

The process of asking for permission to leave the chamber will likely be repeated every day.

Troopers will now go to the missing members’ homes in their districts and in Austin, and places of work and family and friends’ houses, Morales said.

The Texas Senate, meanwhile, had a quorum of 22 members and was expected to debate its version of the voting bill later Tuesday.

The home visits were a part of the 2003 walkouts as well. You never know, someone might try to sneak home for some reason.

The bit about the Senate having a quorum feels a little surprising even though it obviously isn’t. I don’t know how much incentive Senate Dems have to do anything other than screw around and try to make trouble as they can. As for the likely death of other bills, well, that was priced into the decision to break quorum.

Bills to restrict pretrial release from jail, ban critical race theory in schools and prohibit transgender public school students from competing on teams that correspond with their gender identity were up in the air after dozens of Democratic lawmakers chartered flights to Washington, D.C. But their departure also left in jeopardy more widely-supported measures, like giving more money to retired teachers and restoring vetoed funding for more than 2,100 legislative employees who could potentially go without paychecks starting in September.

[…]

Beside bills on voting and bail, other Republican priorities that are now in danger during Abbott’s 30-day session include efforts to stop social media companies from blocking users for their viewpoints, limiting pill-induced abortions and adding money for policing efforts at the Texas-Mexico border. But the governor also tagged lawmakers to tackle less partisan issues — like adding funds for foster care, property-tax relief and retired teachers. On Monday, he slammed Democrats for leaving those on the table.

One piece of legislation would provide what is known as a “13th check” to retired teachers across Texas. The bills would direct the Teacher Retirement System of Texas to distribute a one-time supplemental payment of up to $2,400 by January of next year.

Committees in the House and Senate unanimously advanced the legislation Friday in some of the earliest committee votes of the special session.

Tim Lee, executive director of the Texas Retired Teachers Association, said its members “desperately need help,” especially after the economic stresses caused by the coronavirus pandemic.

“I think there are mixed feelings,” Lee said of the potential demise of the 13th check proposal due to Democrats leaving the state. “I think that educators care about voting rights, educators care about the truth, they care about working together and compromising and listening — so that’s what they hope both sides of this policy spectrum will ultimately yield, that people will work together.”

As far as legislative employees — who earn a median salary of $52,000 per year — some staffers and a legal representative said there may be other ways to pay the employees of elected officials and those who help all lawmakers write bill drafts and provide cost estimates for legislation.

Lawmakers could potentially roll over money from the current fiscal year, if they have any, to pay their staffers. Or the Texas Supreme Court may rule in favor of the employees and House Democrats in a lawsuit arguing Abbott’s veto was a gubernatorial overreach. And Abbott has used his emergency power to move money around before, as he did by directing the transfer of $250 million from Texas prisons to a border wall down payment.

For Odus Evbagharu, chief of staff to state Rep. Jon Rosenthal, D-Houston, the onus to restore his and his colleagues’ wages is on Abbott.

“I don’t believe it’s on the House Democratic Caucus to answer for that. I think that’s going to be an answer that Governor Abbott’s gonna have to answer himself,” Evbagharu said. “My best guess is you hope he doesn’t further punish staff for decisions that lawmakers are making.”

Most of these bills are garbage, and their death (however fleeting) is a bonus as far as Dems are concerned. The legislative funding issue is entirely on Abbott for his temper-tantrum veto, and I hadn’t even thought about him using emergency powers to override himself. That’s if the Supreme Court doesn’t settle this, AS THEY SHOULD. The extra paycheck for teachers is a genuine shame, but it could be handled in any subsequent special session.

Again I want to emphasize, Greg Abbott has the primary responsibility here. He pushed these divisive, red meat issues, he called the special session to try again on the ones that failed, and he broke all precedent by vetoing the legislative funding. This is his mess.

One thing, though, seems clear: this comes at a very bad time for Governor Greg Abbott, who was already having a pretty bad week. Abbott is facing, so far, three challengers to his right in the Republican primary for governor. The charge from his Republican opponents is that he’s feckless and weak. The quorum break, which is designed to deny passage of one of his priority pieces of legislation, fits neatly into a narrative that he is getting outfoxed by an ostensibly powerless Democratic opposition. That the narrative is largely untrue—Democrats certainly believe they got the shaft this session—doesn’t matter much.

If the crisis resolves by offering concessions to the exiled Democrats, or otherwise weakening the bill, Abbott will catch hell. The best case for him is to “break” the Democrats and win the fight, but taking a hard line could also prolong the crisis. At first, messaging from his camp was uncharacteristically soft, perhaps because it’s not clear what he could say. In a statement Monday, Abbott said Democratic absences were standing in the way of “property tax relief” and other issues, a sign that the governor’s office was uncomfortable centering the election bill that’s the problem here. On Tuesday, he started talking tough, threatening them with arrest and “cabining” in the Capitol if they return to Texas, but both those threats reflect his underlying powerlessness. The main talking point so far, at least on social media, is that the Democrats brought beer with them.

[…]

Abbott’s predicament is one he seems uniquely unfit to solve. Unlike his predecessor, Rick Perry, he has never had much in the way of personal relationships with lawmakers. He has no credibility with Democrats to coax them back. But even Republican legislators don’t trust him very much. Abbott did not help the situation with his decision after Democrats walked out on the last day of the regular session to veto funding for the Legislature in retribution. He is holding Republican staffers and state employees hostage in order to coerce Democrats back to the chamber. That may make Abbott look “tough,” but hurting your allies to spite your enemies isn’t sensible politics.

The one thing Abbott does have going for him here is that the Dems will eventually come back, one way or another, and he will always have to call at least one more special session to deal with redistricting. He could just decide to wait and let the Dems figure out what they’re doing and mostly ignore them until they return. I don’t think he’ll do that, but he does do best when he mostly stays out of sight.

Whatever Abbott does or doesn’t do, things are happening in the Senate.

As Democrats fled the state to avoid voting on a GOP priority elections bill that would restrict voting rights in the state, the Texas Senate approved the bill Tuesday with a party-line vote of 18-4.

[…]

[Bill author Sen. Bryan] Hughes amended the bill to drop requirements for curbside voting that troubled advocates for people with disabilities. The original version of the bill required any person other than the voter using curbside voting to leave the car while the voter was casting their ballot.

Hughes removed that provision to “avoid confusion and not create hardship for anyone with a disability.”

Another amendment by Sen. Angela Paxton, R-McKinney, was intended to bring the bill into compliance with federal laws on voter assistance. It removed provisions from the bill that required people assisting voters to specify under oath how they were providing assistance to a voter and that they were doing so because the voter had a disability.

Sen. Brian Birdwell, R-Granbury, also amended the bill to allow for tents to be used as temporary polling places if a regular polling place sustained physical damage that rendered it unusable. The permission would only grant the temporary permission for one election and would have to be approved by a county commissioners court.

Another amendment by Sen. Paul Bettencourt, R-Houston, required poll watchers to be provided training manuals to educate them about their duties.

Note that eight Senate Democrats are also in DC, with a ninth on the way. That’s not enough to break quorum in the Senate, so on they go with that wretched business.

Meanwhile, what are the Dems trying to accomplish? I’ll give you a hint, it has to do with that other Senate.

At a press conference Tuesday in Washington, DC, the group of Democrats specifically called on Biden and Congress to demonstrate “the same courage” they had shown by traveling to the nation’s capital during a special legislative session that had been called by Texas Gov. Greg Abbott, who has since threatened to arrest the more than 50 Democrats who fled. As they did in a statement confirming their plans to boycott the session before hopping aboard two private planes on Monday, the group once again hailed both the John Lewis Voting Rights Act and the For the People Act as examples of model legislation for protecting voting rights at the federal level and implored Congress to pass them.

“We were quite literally forced to move and leave the state of Texas,” Texas Rep. Rhetta Bowers said in a press conference flanked by some of her fellow state Democrats. “We also know that we are living right now on borrowed time in Texas. And we can’t stay here indefinitely, to run out the clock, to stop Republican anti-voter bills.” Bowers said that although Texas Democrats would use “everything in our power to fight back,” they ultimately needed Congress to act with the same urgency.

“We are not going to buckle to the ‘big lie’ in the state of Texas—the ‘big lie’ that has resulted in anti-democratic legislation throughout the United States,” Rep. Rafael Anchia added.

[…]

Tuesday’s press conference came hours ahead of President Biden’s much-anticipated speech on voting rights in Philadelphia, where he’ll make a forceful condemnation of Republican efforts to enact voter suppression laws. His message, however, is not expected to include support for ending the Senate’s filibuster rules, which advocates say stand in the way of passing meaningful protections for voting rights.

They did get to meet with numerous key Senators, though not yet the two that hold this legislation in their hands. As Slate’s Christina Cauterucci puts it for when and if they do, what the Dems have is an emotional appeal.

The emotional appeal may be the only route left for [Rep. Senfronia] Thompson, her colleagues, and other Democrats who see this moment as a turning point for U.S. democracy. Manchin and Sinema already have all the facts. They’ve shown no willingness to budge. Now, they’ll have to tell a crowd of fugitive Texan legislators singing a civil-rights protest song that their extreme measures to protect the franchise will be for naught.

Like I said yesterday, that is the ultimate grand prize. I hope it has better odds than a Powerball ticket.

Finally, Houston Matters spoke to State Reps. Penny Morales Shaw, who is in DC, and Garnet Coleman, who is not because of health issues, though he is not in Austin. They also spoke to US Rep. Lizzie Fletcher about the subject, for which a YouTube clip is here. And here is the note I think we can all agree it would be best to end on:

Couldn’t have said it better myself.

Lawsuit filed against “heartbeat” abortion law

Normally, I’d say this has an excellent chance of success, given that all previous litigation over such bans have been wins for the plaintiffs. But we are in uncharted territory here.

Two months after Gov. Greg Abbott signed a law banning abortion as early as six weeks, more than 20 abortion providers responded with a lawsuit against top Texas officials aimed at stopping one of the country’s strictest abortion measures to date.

The suit was filed Tuesday in the U.S. District Court for the Western District of Texas.

Known as the “heartbeat bill,” Senate Bill 8 was heavily criticized because it limits abortion to two weeks after a missed menstrual cycle, a time when some women don’t yet know they’re pregnant. It aims to ban abortion after a fetal heartbeat has been detected, which is considered a misnomer as a fetus doesn’t possess a heart at six weeks’ gestation.

Around 85% of those who obtain abortions in Texas are at least six weeks into their pregnancy, according to a press release from the Whole Woman’s Health Alliance, a lead plaintiff in the suit.

“We’ve beaten back these attacks before. We can and we will do it again,” Amy Hagstrom Miller, executive director of Whole Woman’s Health, said at a press conference. “These are dark days, and it’s easy to feel like the extremists in the Texas Legislature are running the table.”

A particularly controversial provision of the law allows private citizens to sue abortion providers and others who help someone get an abortion after six weeks.

Republican legislators removed responsibility for enforcement from state officials; instead, the law allows any Texan to sue providers they think are not complying with state abortion laws, thus pushing enforcement to the civil court system. This is intended to make the bill harder to block in courts.

Marc Hearron, senior counsel for the Center for Reproductive Rights and lead attorney on the suit, said this provision could produce “endless lawsuits,” leave abortion clinics vunerable to harrassment and possible closure, intimidate pregnat women, and leave them with fewer avenues of help.

“It allows complete strangers, anti-abortion activists, to sue and interfere with the patient’s decision,” Hearron said. “Those people may try to essentially hijack the courts for their ideological agenda.”

Citizens who file such suits would not need to have a connection to an abortion provider or a person seeking an abortion or even reside in Texas. Those who win lawsuits would be awarded a minimum of $10,000 in damages, as well as attorney’s fees.

This isn’t the first time a private-citizen suit provision has been included in a Texas abortion law.

It was first tested in Lubbock, with a voter-approved city ordinance that outlaws abortions and empowers “the unborn child’s mother, father, grandparents, siblings and half-siblings” to sue for anyone who helps another person get an abortion. A federal judge dismissed a lawsuit seeking to overturn the ordinance last month, finding that Planned Parenthood of Greater Texas, the plaintiff, did not have standing to sue the city.

Hearron said that his organization hopes to overcome that obstacle in the suit against the state law by naming state officials as defendants. Eight state officials were sued in the new lawsuit, including Attorney General Ken Paxton, Texas Board of Nursing Executive Director Katherine A. Thomas, and Texas Health and Human Services Commission Executive Commissioner Cecile Erwin Young.

Plaintiffs’ attorneys said they named officials who are not charged with directly enforcing Senate Bill 8 but still have authority to enforce related laws.

“If this is not blocked, if this is successful, it would set a truly dangerous precedent, because states could eviscerate their own citizens’ federal constitutional rights by creating a private lawsuit to do what their own officials couldn’t do,” Hearron said.

See here and here for more on that Lubbock situation. I don’t know if this approach will be any more successful, but I trust these folks know what they’re doing. It’s nuts to think there could be no proactive remedy against such a law, but who knows what the courts will do.

The Chron adds some details.

[Whole Woman’s President and Chief Executive Officer Amy] Hagstrom Miller said the Texas law has already impacted her facilities, making it harder to recruit new staff who worry about the near-term viability of the work and creating aggressive interactions between patients, employees and anti-abortion rights activists.

She described one scenario in which activists entered a clinic and began soliciting for whistleblowers who could provide information for future civil suits. The lawsuit names the director of Right to Life East Texas, Mark Lee Dickson, as a defendant in the case, and includes a letter purportedly distributed at one of the Whole Woman’s Health four clinics in the state.

[…]

The litigation filed Tuesday could face a difficult legal path.

Earlier this year Planned Parenthood, which has several clinics in the state, sued to block a new Lubbock ordinance that uses a similar enforcement strategy. The suit was dismissed after a judge ruled that the provider had not shown it was harmed yet by the measure. Planned Parenthood has since asked the court to reconsider, and says it has stopped providing abortions in Lubbock.

Hagstrom Miller said she and others involved in the suit, including fellow abortion providers, abortion funds, clinic staff and clergy, have been following the Lubbock case closely, and are preparing for all outcomes. While some legal scholars have suggested that providers could protest the law by continuing to perform post-six-week abortions come September, Hagstrom Miller said that would be logistically difficult, and she was not willing to ask her staff to defy a law that could leave them vulnerable to malpractice claims.

Like I said, I have no idea what to expect. I am fervently hoping for success for the plaintiffs, but to say the least it’s a tough road they have ahead of them. The Press has more.

Disabled voters worry about getting screwed by SB7

It won’t be called SB7 in the special session on voter suppression, but you know what I mean.

Texas Republicans have pursued broad efforts this year to ratchet up voting restrictions in the aftermath of a high-turnout election that saw high-profile fights over the state’s voting rules, including the tight eligibility requirements for absentee voting. The 2020 election marked a shift from what was traditionally a tool utilized by the GOP to one that was instead taken up by more Democratic voters. But as the GOP has worked to clamp down on what remains a limited voting option, voters with disabilities — who are among the few groups of Texans eligible to vote by mail — have been caught in the middle of the fight.

Republicans have cast their proposals as “election integrity” measures to protect the voting process from fraud, even though there is no evidence it occurs on a widespread basis. But throughout the spring legislative session, nearly every version of the GOP’s priority voting legislation raised alarms for disability rights advocates who warned lawmakers they would likely run afoul of federal protections for disabled voters.

Texas offers two avenues to voting most helpful for people with disabilities. If they’re unable to vote in person without needing assistance or injuring their health, they can request a mail-in ballot. If they want to vote in person but need assistance, they can ask someone to accompany them to a polling place to help them through the voting process.

Under Republican proposals that are expected to be reconsidered this month, both of those paths might be further constricted.

In the Senate, Republicans wanted to require proof of a condition or illness, including written documentation from the Social Security Administration or a doctor’s note, before disabled voters can receive mail-in ballots for every election in a calendar year. Under current law, voters need only attest that they have a disability that qualifies them for a mail-in ballot.

That proposed change was eventually pulled down, but Republican senators moved forward with a bill that would have increased the likelihood that people with disabilities would be cast as suspect voters if they used other legal accommodations, like having assistance at the polling place.

The GOP bill would have allowed partisan poll watchers to video record voters receiving assistance in filling out their ballots if the poll watchers believed the help was unlawful — a change that disability rights advocates argued would wrongly target people with disabilities. For voters with intellectual or developmental disabilities, for example, voting help may require prompting or questioning that could be misconstrued as coercion by a person unfamiliar with that sort of assistance.

Although voters can select anyone to help them as long as they’re not an employer or union leader, House Republicans attempted to set up new rules for those helping voters, including a requirement to disclose and document the reason the voter needed assistance, even if for medical reasons.

At multiple points during the session, Republicans said they tweaked some of those proposals in response to concerns from disability rights advocates. But when the final version of the legislation emerged from backroom negotiations just before the end of the regular session, it included unwelcome changes to redefine what constitutes a disability under state election law, as well as new identification requirements for voting by mail that advocates said lacked clarity.

“Our voices weren’t being heard at the very end when it was the most important,” said Chase Bearden, the deputy executive director for the Coalition of Texans with Disabilities.

The story opens with an account of one woman who felt the need to cast her mail ballot in person, and the ordeal she endured to do so. It’s worth reading, and reflecting on how much easier it is for some people to vote than it is for others. What happens with the provisions that the disability rights community objected to and had some success stopping in the regular session now that we’re in overtime is unknown. I think the Republicans may at least listen and try to make some accommodations, but if it comes down to them or their base, it’s no contest. At that point it will be a matter of whether litigation over equal access for folks with disabilities will have any better luck in the courts than litigation over claims of racial discrimination. I can’t say I’m optimistic, but we’ll see.

Here are your new SB7s

We start with the House.

The Texas House is starting off on a new foot on the contentious elections proposal that blew up the regular legislative session.

As a special session reviving the Republican-priority bill got underway Thursday, there were ample signs that the lower chamber was taking a fresh approach to the legislation, at least procedurally. The bill has a new author who is moving early to get colleagues’ input, and it is going through a new committee that House Speaker Dade Phelan, R-Beaumont, says he created to bring more diverse perspectives to the issue.

[…]

The House’s revised approach to the voting legislation is in contrast to the Senate. In that chamber, Sen. Bryan Hughes, a Mineola Republican, is again carrying the omnibus election proposal, which for a second time will be considered before the upper chamber’s State Affairs Committee, which Hughes chairs. The committee is set to consider the legislation Saturday.

One of the starkest changes to the elections bill in the House for the special session was its author. Rep. Briscoe Cain, the Deer Park Republican who chairs the House Elections Committee, carried the bill in the regular session, but Phelan tapped Rep. Andrew Murr, R-Junction, to take the lead on it during the special session. Murr currently chairs the House Corrections Committee.

On Wednesday, Murr sent a letter to House colleagues announcing he had filed House Bill 3 and was soliciting their feedback.

“Because this subject is important to all Members and their constituents, and given the compressed time frame of the special session, I welcome any questions, discussions or comments you may have,” Murr wrote, inviting members to call him or come by his office.

[…]

Phelan did not put Cain on the new panel, nor did he tap Rep. Jessica González, a Dallas Democrat who serves as vice chair of the Elections Committee. But he did tap Rep. Travis Clardy, R-Nacogdoches, a member of the Elections Committee who had helped Cain with the elections bill during the regular session.

On Thursday, the main elections bill for the special session — HB 3 — as well as other voting-related proposals were referred to the select committee instead of the Elections Committee. The election bill was set for a hearing set to start 8 a.m. Saturday.

During Democrats’ news conference Thursday, Rep. Chris Turner, a Grand Prairie Democrat who chairs his party’s caucus, said that the legislation, despite any changes that may be made to it, “is inherently flawed.”

“The bottom line on HB 3 is, just like SB 7, it’s based on a lie,” Turner told reporters. “It’s based on a lie that there’s rampant problems in our elections and the big lie that Donald Trump actually won the last election.”

As noted, the Senate will also have a hearing on Saturday. Tomorrow will be a busy day.

This story covers the differences between the House and Senate bills, and how the differ from what had been done in the regular session. It’s nice that some of the more egregious things like the restriction on Sunday early voting hours and the lessening of legal standards to challenge an election were removed, but there are still some truly bad things in these bills, and they’re not getting enough attention. For example:

SB 1 strays from the House’s legislation by setting up monthly reviews of the state’s voter rolls to identify noncitizens — harkening back to the state’s botched 2019 voter rolls review. The bill would require the Texas secretary of state’s office to compare the massive statewide voter registration list with data from the Department of Public Safety to pinpoint individuals who told the department they were not citizens when they obtained or renewed their driver’s license or ID card.

That sort of review landed the state in federal court over concerns it targeted naturalized citizens who were classified as “possible non-U.S citizens” and set up to review notices from their local voter registrar demanding they prove their citizenship that their registrations are safe.

State election officials ultimately ended that effort as part of an agreement to settle three legal challenges and agreed to rework their methodology to only flag voters who provided DPS with documentation showing they were not citizens after they were registered to vote. But they do not appear to have ever taken up the effort after that debacle.

While the Senate bill does not reference that agreement, it indicates that the secretary of state’s office would be responsible for setting up rules to implement the review.

I guarantee you, the implementation of this will be a disaster. This provision is heavy-handed, the mandated frequency will make it error prone, and the end result will be many people thrown off the rolls incorrectly. I don’t care how the Secretary of State sets up the rules, there is no reason to trust this process.

Both bills include language to strengthen the autonomy of partisan poll watchers at polling places by granting them “free movement” within a polling place, except for being present at a voting station when a voter is filling out their ballot. Both chambers also want to make it a criminal offense to obstruct their view or distance the watcher “in a manner that would make observation not reasonably effective.”

Currently, poll watchers are entitled to sit or stand “conveniently near” election workers, and it is a criminal offense to prevent them from observing.

What this will lead to is some Republican knucklehead uploading a video of something he will claim is “proof” of “voter fraud”, when it will be nothing of the sort. But because he will have been there, at the scene, acting in an “official” capacity, people will believe him. Nothing good can come of this. We need more protection from partisan poll watchers, not protections for them.

Anyway. Watch the hearing if you can, register to leave written feedback if you can, and then work like hell to boot the people pushing this crap out of office in 2022. It’s all we can do.

State Rep. James White not running for re-election

I have three things to say about this.

Rep. James White

State Rep. James White, R-Hillister, has decided not to seek reelection, he told East Texas TV station KLTV in a roundtable with lawmakers. And he hinted to another news station that he’s considering a statewide run.

The Texas House doesn’t have term limits, but White suggested that his longevity in the lower chamber was a factor in his decision. He was first elected in 2010.

“I’m a term limit guy by nature,” White told KLTV on Thursday. “I wish we had term limits in Texas… I think we can continue being a great state even without me being in the Texas House.”

White is the chairman of the House Homeland Security and Public Safety Committee, and is the only Black Republican in the Texas House. He represents solidly Republican House District 19 in East Texas.

On Friday, he suggested to KFDM/Fox 4 News in Beaumont that he is mulling a run for statewide office.

“Don’t be surprised if you see me on the Republican Primary ballot for statewide office,” the station reported him as saying.

1. Rep. White may be a “term limit guy by nature”. He will also have served 12 years in the House when his term ends, which means he is fully vested in the pension plan for state reps, worth $34,500 a year as of 2012 for a 12-year veteran over the age of 50 (White is 56, according to his bio). Everything else he says here may be true. It’s just that it’s also true that this is an optimal time for him to call it quits, financially speaking.

2. White’s HD19 voted 81.77% for Trump in 2020, making it the fifth-most Republican district in the state. I think we can all picture what the primary to replace him will look like, even if the redrawn HD19 is slightly less red. I have no warmth for Rep. White, who is as crappy and complicit as everyone else in his rotten caucus, but he does have a record as a serious policymaker and has done some worthwhile work on criminal justice reform. The odds are great that his successor will be less of a policy person and more of a grievance-driven performance artist, as that is the norm in Republican primaries these days. And that has an effect, because one of the few restraints on the two legislative chambers in recent years has been the number of actual legislators in ridiculously Republican districts, especially as those members attain positions of influence.

To put this another way, both James White and Briscoe Cain were committee chairs last session. That’s what happens when the Briscoe Cains of the world replace the boring old establishment guys like Wayne Smith. This is one of the reasons the Senate sucks so bad – since 2012, we’ve swapped Kevin Eltife for Bryan Hughes, Bob Deuell for Bob Hall, and Robert Duncan for Charles Perry (who it must be noted has some criminal justice policy chops as well, but spent this session pretending to be a medical expert on trans youth, which he most emphatically is not). It’s not that Eltife and Deuell and Duncan were great, it’s that their replacements are Dan Patrick’s foot soldiers, and that’s before you take into account the special kind of crazy maliciousness that a Bob Hall brings. Every time you take out Dan Flynn for Bryan Slaton, Rob Eissler for Steve Toth, John Zerwas for Gary Gates, you make the House a little worse. I very much fear we’re about to have the same thing happen here.

3. What statewide office might White run for, if he does run for something statewide? Land Commissioner makes sense – it’s open, and there’s no reason White couldn’t make it a race against Dawn Buckingham. Ag Commissioner is a possibility, even if Sid Miller runs for re-election instead of jumping into the Governor’s race. And though it’s not a statewide office, I will note that State Sen. Robert Nichols, whose SD03 contains all of HD19, is 76 years old, and the post-redistricting election cycle is always a popular time to peace out. Just a thought.

UPDATE: I drafted this over the weekend, but the just-released Texas Monthly Best and Worst Legislators list for this session illustrates the point I made in item two damn near perfectly.

From the “Oops, how did that get in there?” department

Remember how the final version of SB7, the one that emerged from behind closed doors in conference committee, had a provision in it that would have made it a lot easier to overturn the result of an election via legal challenge? That was one such provision that had not been in previous versions of the bill. Well, apparently no one claims to know how it got there, and we are being promised that the next version of the omnibus voter suppression bill will not have it.

In a sweeping overhaul of Texas elections law that Republicans rushed toward approval in the waning hours of the legislative session, one provision stood out to critics as particularly alarming.

The hastily-added clause would have made it easy for a judge to overturn an election, even if there were only thin evidence of fraud. With former President Donald Trump’s historic efforts to nullify his November loss still fresh in their minds, Democrats singled out the measure as irresponsible.

“Just think about that — your election, YOUR election could be overturned without the other side being required to prove actual voter fraud,” said state Rep. Julie Johnson, D-Carrolton, in an impassioned speech on the floor of the Texas House. “The implications of this are unthinkable. To make matters worse, the provision was not in either the Senate or the House version of the bill.”

The bill never passed, dying at midnight on May 31 after the Democrats blocked a vote on it by walking out. Yet policy debates have given way to an even more basic question: Who added the “Overturning Elections” section to it?

One of the members of the conference committee that crafted the final version of the bill, state Rep. Travis Clardy, R-Nagodoches, says he doesn’t know. Other top Republicans who worked on the final draft of the legislation say they don’t know either.

What’s more, Clardy — and chief author Sen. Bryan Hughes — now denounces the measures related to overturning elections and says Republicans don’t plan to revive them in a future bill.

“There was zero appetite or intent or willingness to create some low bar where a single judge can overturn the results of an election,” Clardy said in an interview with Hearst Newspapers. “That would be horrendous policy, and it would never be healthy for the democracy.”

Democratic members say there is no way those provisions were inserted by mistake. They say they raised concerns about them with Republicans when there was time to spare for the bill to be revised.

The sections would have lowered the standard of proof to overturn an election from “clear and convincing” evidence to a “preponderance of the evidence” for many types of fraud allegations. And they gave judges the ability to void elections even if it couldn’t be demonstrated that fraudulent ballots made a difference in the outcome.

If the bill had passed, Texas would have been one of few states to have lowered the bar so much, opening the door to a flood of potential election challenges, election law experts said.

“If we deliberately design a system that says all you have to do is come up with a simple preponderance — that is, just barely more evidence than the other side — and we’re going to throw out the elections, when we have a whole gamut of election procedures in place that we justifiably expect to produce reliable results in the normal course, we’re really undermining that,” said Steven Huefner, professor of law at the Ohio State University.

[…]

State Rep. Nicole Collier, one of three Democrats on the conference committee and chair of the Texas Legislative Black Caucus, wasn’t buying Republicans’ claims that the language was added by mistake.

“They had time to review it,” Collier said. “The fact that the conference report was signed on Saturday” — the day before it went to the House floor — “means that they had read it, and they approved it.”

Must have been another typo. Really need some better proofreaders, I guess.

This is, of course, all transparent bullshit. The bill was in conference committee for over ten days. Someone put that clause in there, whether anyone will admit to it or not. I will note again how the likes of Dan Patrick were patronizingly telling everyone who made any claim about how the initial version of SB7 would suppress votes to “read the bill”. Who’s not reading the bills now? Maybe if we’d had the time to hold public hearings on this bill, we might have avoided this little embarrassment as well.

And note again, for all of the whining and bitching and threatening to veto funding for legislative functions over the Democratic quorum breaking, the only reason this obvious threat to democracy, which now all of these Republicans agree was a bad idea and which they swear they never intended to include, is not about to be law in Texas is because Dems were able to use the processes available to them to kill that bill. I feel pretty confident saying that Greg Abbott would not put fixing that provision on the agenda in however many special sessions he calls. Republicans screwed this up, because they didn’t care about the niceties of legislating, they just wanted to get their win. You can thank the Dems for sparing us the fallout of their malign incompetence.

More on the post-quorum break fallout

This Trib story mostly centers on the perspective of the Black legislators during the SB7 fight, and it’s a good read for that, but I want to focus on this bit here:

Photo by Miguel Gutierrez Jr./The Texas Tribune

While the legislation in the Senate partly targeted Harris County, SB 7 carried the potential to alter the voting process across the state. Beyond banning extended early voting hours, it enhanced the freedoms of partisan poll watchers, set new rules for removing people from the voter rolls and further tightened vote-by-mail rules. In early May, lawmakers in the House negotiated a significantly slimmed down version of the bill that was narrower in scope and included a series of Democratic amendments. In recent days, some Democrats have indicated that version wouldn’t have prompted a walkout, though they wouldn’t have supported it.

Tension around the bill escalated in its last 48 hours through the Capitol as Republicans ironed out the differences in both chamber’s versions, choosing to include significant portions of the Senate’s more expansive version and dropping in a series of new provisions behind closed doors. The bill doubled in size to include new ID requirements for absentee voters and a higher standard for who could qualify to vote by mail based on a disability. Much of Democrats’ ire fell on a new rule mandating that early voting on Sunday couldn’t start until 1 p.m., which they saw as an unjustified attack on “souls to the polls” efforts churches use to turn out Black voters.

Republicans defended the additions as a standard part of the negotiation process, noting that some of them were pulled from other bills passed by the Senate or generally discussed by the chamber.

But the changes were revealed to the full Senate and House less than 48 hours before the deadline to approve the bill, setting off frustrations among Democrats over the lack of time to fully review the legislation. To keep the bill out of range of a filibuster, Senate Republicans used their majority to suspend their own rules and take up the final bill a day earlier than the rules required. Democrats said a resolution laying out many of the last-minute additions to the bill wasn’t presented to them until just before they were supposed to take it up.

In the House, the final bill was so hastily put together that state Rep. Briscoe Cain, who was ushering it through the chamber, said it left out a Democratic initiative he had promised to keep in. The report also misspelled the word equal as “egual.”

“It seemed like the fix was in from the beginning,” state Rep. Nicole Collier, a Fort Worth Democrat and chair of the Texas Legislative Black Caucus, said at a press conference early Sunday. “From the beginning, there was no interest in hearing how these measures would impact people of color.”

The description of how things were so rushed raises again a point I made in this post, which is why it took SB7 so long to get to a final vote. Look at the legislative history. The conference committee was appointed on May 19, and it took until May 30 for the final bill to appear, which kicked off the Senate suspending their rules and the final showdown in the House. Why did it take so long? Maybe the House committee members were trying to defend the Democratic amendments, but if so they ultimately did a lousy job of it. A whole lot of new stuff was added, but it seems to me that was mostly language taken from other bills that didn’t come to a vote. None of this should have taken so long, and yet it did. My theory, which so far no one else has even brought up (that I know of), is that the Republicans wanted to do this at the last minute, over the holiday weekend, because it limited the amount of attention they’d face as it was happening. I could be wrong about this – maybe they really couldn’t get their act together in time – and it surely didn’t work out the way they wanted, but until someone demonstrates otherwise, this is the reason I believe for why things unfolded as they did.

Of related interest:

A last-minute addition to the final version of Senate Bill 7, negotiated behind closed doors, set a new window for early voting on Sundays, limiting it to 1 to 9 p.m. Democrats and voting rights advocates said GOP lawmakers were targeting “souls to the polls,” the longtime practice by Black congregations that encourages members to go vote after Sunday morning services.

In an interview Tuesday with NPR, one of the negotiators, Rep. Travis Clardy of Nacogdoches, said the 1 p.m. start time was an error and that it should have been 11 a.m. Despite his claim, no Republicans raised an issue with the start time during final debate over the bill, and one of them even defended it.

Clardy told NPR that the Sunday start time was “one of the things I look forward to fixing the most” in a special session.

“That was not intended to be reduced,” Clardy said. “I think there was a — call it a mistake if you want to — what should have been 11 was actually printed up as 1.”

Lawmakers are set to revisit the legislation in a yet-to-be-called special session after Democrats staged a walkout late Sunday night that blocked passage of SB 7 in the regular session, which ended Monday. In a Texas Tribune interview later Tuesday, Gov. Greg Abbott said he was unaware of the specific mistake that Clardy was referring to but that he had heard there “clerical errors” with the final version of SB 7 and that he would be open to “making modifications” to the Sunday voting rules.

After Clardy’s interview with NPR, another GOP negotiator and the bill’s House sponsor, Rep. Briscoe Cain of Deer Park, said that what Clardy said was true and that lawmakers intended to fix the start time in a special session.

Despite the new claims that the 1 p.m. start time was a mistake, Republicans did not flag it as an error in debate over the final version of SB 7 this weekend. In the Senate, SB 7’s author, Sen. Bryan Hughes, R-Mineola, stood by the start time under Democratic questioning late Saturday night.

“Those election workers want to go to church, too,” Hughes said. “And so that’s why it says 1 p.m. [and] no later than 9 p.m. You can make Sunday service and go after that.”

When Sen. Royce West, a Dallas Democrat, pressed Hughes on that justification, Hughes admitted it wasn’t based on conversations with election workers but suggested that “souls to the polls” efforts promoted voting after the lunch hour.

“You can correct me, but souls to the polls — I thought we went to church and ate lunch and then voted,” Hughes said.

When the House moved Sunday night to pass SB 7, Cain noted that it did not outlaw voting initiatives “such as souls at the polls.”

Asked about Clardy’s comments Tuesday, Hughes said the “intent was to extend the Sunday voting hours” and that lawmakers would “make this clear in the special session.”

I mean, come on. The Republicans fully intended to limit Sunday voting to after 1 PM. What they’re saying now is one part PR, one part making a minor concession to try to appear reasonable, and one part trying to make the inevitable lawsuit a little harder to prosecute. Come up with better rationalizations, guys.

And then there’s this.

Texas House Speaker Dade Phelan said Tuesday he has concerns with Gov. Greg Abbott’s recent vow to veto a section of the state budget that funds the Legislature, citing how the move to block such pay could impact staffers and legislative agencies.

“I understand the frustration the governor has in [lawmakers] not passing those emergency items — they were priorities of the governor, they were priorities of mine, priorities of many members of the Legislature,” Phelan, a Beaumont Republican, said in an interview with The Texas Tribune. “My only concern is how it impacts staff, especially those who live here in Austin, which is not an inexpensive place to live and raise your family and children.”

[…]

Phelan also said he thinks that, under the Constitution, lawmakers would still have to be paid even if Abbott carried out his veto. Lawmakers are paid $600 a month in addition to a per diem of $221 every day the Legislature is in session, during both regular and special sessions.

In an interview with the Tribune later Tuesday, Abbott insisted he still plans to veto that part of the budget and said that if Phelan is “concerned about it, he needs to do something about it.”

“He has a role to play here,” Abbott said. “He’s not some outside viewer. He’s a participant, and he needs to step up and get the job done.”

The governor has said he will summon the Legislature back to Austin for an overtime round to pass the legislation, though he has not yet specified when he plans to do so. Lawmakers are already expected to return this fall for a special session to redraw the state’s political maps.

Phelan said if Abbott carries out the veto, which he has until June 20 to do, lawmakers could be back for an earlier-than-anticipated overtime round to deal with the issue, since the budget involved covers the fiscal year starting Sept. 1.

The speaker also said he had concerns about how the move could impact legislative agencies such as the Legislative Budget Board, which are also funded by Article X of the budget.

“They weren’t the ones who decided that we were going to break quorum,” Phelan said.

Ever watch a movie that has an evil overlord who expresses his displeasure at some hapless minion who has failed him by murdering some other hapless minion? (See item #45 on that list.) That’s what this reminds me of. A whole lot of innocent civil servants may have their pay cut off because Abbott has his nose out of joint. Is that leadership or what?

Think of the kids today

Today, the anti-trans sports bill SB29 is on the House calendar. Hopefully, it will fail to make it to the floor before midnight, which is the deadline for Senate bills to be passed by the House. Whatever the case, spend a few minutes today thinking about the kids who have been targeted by these bills and have had to spend weeks at the Capitol trying to persuade a bunch of uncaring Republican legislators about their humanity, because as much as this session has sucked overall, it’s really sucked for them.

Houston mother Lisa Stanton says every parent’s instinct is to keep their children safe.

When she and her young daughter, Maya, earlier this year traveled to the Texas Capitol to testify against two bills restricting transgender children’s access to transition-related medical care, including hormone therapy and puberty suppression treatment, she worried for her daughter’s well-being — both physical and mental.

“We don’t want our kids to face adversity,” Lisa Stanton said. “And that’s the thing I struggle about the most.”

Maya was scared, too. At just 10 years old, she faced a difficult task: convincing a conservative-leaning group of legislators not to advance legislation that would label her mother a child abuser and revoke the license of her doctor for providing gender-affirming medical care.

The Stantons are among the transgender Texans, parents and advocates who have spent late nights and early mornings fervently testifying, holding rallies and lobbying legislators not to support bills targeting transgender people this session.

Texas is one of at least 20 states that have considered bills limiting access to transgender health care in 2021, according to the ACLU, and one of at least 31 states with bills that would limit the school sports teams they can join. But according to Equality Texas, there have been more anti-LGBTQ bills introduced in Texas this legislative session than any other state.

[…]

While no legislative proposal can be considered dead until both chambers gavel out, those missed deadlines spell doom for some of the major bills focused on transgender Texas children. And it doesn’t leave much time for the school sports bill. But LGBTQ advocates say the mere specter that such measures could become law has already done damage.

In The Trevor Project’s 2021 National Survey on LGBTQ Youth Mental Health, 94% of LGBTQ youth responded that recent politics had negatively impacted their mental health. That figure is higher than in previous years, according to Sam Brinton, vice president of advocacy and government affairs for The Trevor Project.

Over the last year, the organization — which offers crisis counseling for LGBTQ youth — has received over 9,400 crisis contacts from Texas.

“Young people are listening,” Brinton said.

There’s more, and the Chron had a similar story a few days back. This is as the story notes very much part of a concerted national effort by anti-trans activists, pushing basically the same bills in multiple states because they think it’s good politics. Writing these posts always takes me a long time because they make me so mad, I have to stop and collect myself every couple of minutes. The level of cruelty and depravity it takes to victimize children – children who are telling you, as loudly and clearly as they can, that you are hurting them – all for political gain, I cannot fathom it. I don’t know how these people sleep at night.

Anyway. Watch the clock today and give a thought to these kids and their parents, who have had it much rougher than anyone should have had over these past few months. And then remember that there will be a special session this fall, currently to deal with redistricting and appropriating federal CIVID relief funds, but there’s no reason there couldn’t be other items on the agenda. We saw that in 2017 with the bathroom bill. These kids won’t be safe until we’re past all of that, too.

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.

Abbott signs massive anti-abortion bill

We’ll see who sues who first.

Right there with them

Gov. Greg Abbott signed into a law Wednesday a measure that would prohibit in Texas abortions as early as six weeks — before some women know they are pregnant — and open the door for almost any private citizen to sue abortion providers and others.

The signing of the bill opens a new frontier in the battle over abortion restrictions as first-of-its-kind legal provisions — intended to make the law harder to block — are poised to be tested in the courts.

Abortion rights advocates have promised to challenge the new law, which they consider one of the most extreme nationwide and the strictest in Texas since the landmark Roe v. Wade decision. It would amount to an outright ban on abortions, as the six-week cutoff is two weeks after a missed menstrual cycle, opponents say.

The law takes effect in September.

[…]

Instead of having the government enforce the law, the bill turns the reins over to private citizens — who are newly empowered to sue abortion providers or anyone who helps someone get an abortion after a fetal heartbeat has been detected. The person would not have to be connected to someone who had an abortion or to a provider to sue.

Proponents of the new law hope to get around the legal challenges that have tied up abortion restrictions in the courts. While abortion providers typically sue the state to stop a restrictive abortion law from taking effect, there’s no state official enforcing Senate Bill 8 — so there’s no one to sue, the bill’s proponents say.

“It’s a very unique law and it’s a very clever law,” said Josh Blackman, a constitutional law professor at South Texas College of Law Houston. “Planned Parenthood can’t go to court and sue Attorney General [Ken] Paxton like they usually would because he has no role in enforcing the statute. They have to basically sit and wait to be sued.”

Legal experts have been divided on the strategy, and abortion rights advocates have said they plan to fight regardless.

Elisabeth Smith, chief counsel for state policy and advocacy at the Center for Reproductive Rights, which has represented abortion providers who have sued Texas officials, said it and other abortion rights organizations are “not going to let this six-week ban go unchallenged.”

Drucilla Tigner, policy and advocacy strategist of the American Civil Liberties Union of Texas, said the “governor’s swipe of a pen can’t change the Constitution.”

While the law amounts to the most extreme abortion ban in the country, “abortion is both legal in Texas and supported by the majority of Texans,” Tigner said.

Abortion rights advocates and lawyers say the new law would allow for a cascade of lawsuits against abortion providers, that would sap their time and money even if they ultimately won in court.

Family members, abortion funds, rape crisis counselors and other medical professionals could be open to lawsuits, under the broad language in the bill, according to legal experts and physicians who opposed the measure. People who sued would be awarded at least $10,000, as well as costs for attorney’s fees, if they won.

“Every citizen is now a private attorney general,” Blackman said. “You can have random people who are against abortion start suing tomorrow.”

See here for the previous update. Not really much else to say until someone files a lawsuit one way or the other. Either this law as designed is a diabolically clever tactic for which there is no good countermove and thus gets replicated in states across the country, or it gets blocked and the zealots have to go back to the drawing board. In the meantime, winning more elections so laws like these don’t get passed in the first place would be nice. The Chron and the Texas Signal have more.

Massive anti-abortion bill heads to Abbott

And from there to the courts, in one form or another.

Legislation that would ban abortions after as early as six weeks — before many women know they are pregnant — and let virtually any private citizen sue abortion providers and others was given final approval by lawmakers Thursday and is headed to Gov. Greg Abbott, who has signaled he will sign it into law.

Senate Bill 8, a Republican priority measure, is similar to “heartbeat bills” passed in other states that have been mostly stopped by the courts. But proponents of the Texas legislation believe it’s structured in a way that makes it tougher to block.

The bill was denounced by hundreds of lawmakers and doctors — in letters circulated by opponents of the measure — who said its broad legal language could open the door to harassing or frivolous lawsuits that could have a “chilling effect” on abortion providers and leave rape crisis counselors, nurses and clinic staff “subject to tens of thousands of dollars in liability to total strangers.” Abortion rights advocates say it is among the most extreme restrictions nationwide.

The bill, which would take effect later this year, bans abortions after a fetal heartbeat can be detected without specifying a timeframe. A legislative analysis and the bill’s proponents have said that can be as early as six weeks, though state Rep. Donna Howard, D-Austin, in a floor debate cited medical experts who say there is no fully developed heart at that gestational age and that the sound referred to as a heartbeat is actually “electrically induced flickering” of fetal tissue.

The bill makes an exception allowing for abortions in the case of a medical emergency but not for rape or incest.

It would be enforced by private citizens empowered to sue abortion providers and others who help someone get an abortion after six weeks, for example, by driving them to an abortion clinic.

Those private citizens would not need to have a connection to an abortion provider or a person seeking an abortion, and would not need to reside in Texas.

See here for the previous update. The bright idea behind this is that the state won’t be enforcing the ban, private citizens who file a gazillion lawsuits against clinics and doctors will be the enforcers. As such, the state can’t be sued to overturn the law, since they’re not enforcing it. It’s clever, and it’s never been tried before, so who knows how that will play out. (You know what they say about “clever”.) Six week abortion bans have been universally blocked by federal courts so far, for what it’s worth. I’m not dumb enough to predict what might happen here. We’ll have to wait and see, and hope for the best.

Massive anti-abortion bill passes the House

I’m just resigned to this shit at this point.

Texas lawmakers are poised to enact sweeping restrictions on access to abortions, prohibiting the procedure before many women know they are pregnant, and opening the door for a potential flood of lawsuits against abortion providers.

The House on Wednesday gave initial approval to a priority “heartbeat” bill passed by the Senate earlier this spring, which was authored or sponsored by nearly every Republican senator and more than 60 members of the House. The legislation must still get another vote in the lower chamber before it’s sent to the governor, who has signaled that he is looking forward to signing it into law.

Abortion rights advocates say the legislation is among the most “extreme” measures nationwide and does not exempt people pregnant because of rape of incest. Beyond the limitations on abortion access, the bill would let nearly anyone — including people with no connection to the doctor or the woman — sue abortion providers, and those who help others get an abortion in violation of the proposed law. People who support abortion funds and clinics could also be hit with lawsuits, and lawyers warn those sued would not be able to recover some of the money they spent on their legal defense.

The “unprecedented,” “extraordinary,” and exceptionally broad” language in the bills means “family members, clergy, domestic violence and rape crisis counselors, or referring physicians could be subject to tens of thousands of dollars in liability to total strangers,” nearly 400 Texas lawyers told House lawmakers in an open letter circulated by abortion rights advocates.

In a separate letter, more than 200 physicians said the bill would place doctors “at risk of frivolous lawsuits” and create a “chilling effect” where providers are reticent to give information “out of fear of being sued.”

See here, here, and here for the background, and here for more on what the doctors and lawyers had to say. This Legislature hasn’t been terribly interested in these folks have said about other bills, like the various anti-trans bills, so it’s not likely they were going to make any headway here, but you gotta try. We have known from the beginning of the session that this was coming and it was going to be terrible, and so here we are. Public polls show more opposition than support for this kind of legislation, with a level of confusion thrown in, so while some of this can likely be beaten back in the courts, we are once again at the point of acknowledging that the only action that will matter – that will ever matter – is winning more elections. There’s just not much else to say about it. The Austin Chronicle has more.

Businesses finally offer some real resistance to voter suppression

About time.

With less than a month left in the legislative session — and Texas Republicans split on which package of proposals might cross the finish line — Hewlett-Packard, Microsoft, Unilever, Patagonia and two dozen other companies are urging state lawmakers not to pass new restrictions on voting.

In the biggest pushback so far by business against the GOP’s legislative bid to ratchet up the state’s already restrictive voting rules, national companies joined in a statement voicing their opposition Tuesday with local businesses and several local chambers of commerce representing LGBTQ, Hispanic and Black members of the business community.

“We stand together, as a nonpartisan coalition, calling on all elected leaders in Texas to support reforms that make democracy more accessible and oppose any changes that would restrict eligible voters’ access to the ballot,” the businesses wrote in their letter. “We urge business and civic leaders to join us as we call upon lawmakers to uphold our ever elusive core democratic principle: equality. By supporting a stronger trustworthy democracy, we will elevate our economy.”

The statement does not address specific legislation, but comes as Texas Republicans press forward with bills in the name of “election integrity” despite little to no evidence of widespread fraud and warnings from voting rights advocates and lawyers that many of them would be disproportionately harmful to voters of color.

Following the recent passage of new restrictions in Georgia, major corporations began responding to criticism about staying out of that fight by largely coalescing around joint statements that generally stated their opposition to election changes that make it harder to vote.

[…]

As the fight over new restrictions moved from Georgia to Texas, the state’s Republican leadership moved to quickly condemn businesses scrutinizing the proposals under consideration during the 2021 legislative session.

Gov. Greg Abbott — who declared “election integrity” a legislative priority — backed out of throwing out the ceremonial first pitch at the Texas Rangers’ home opening game and said he would boycott any other Major League Baseball events over its decision to pull the All-Star Game from Georgia in response to new voting restrictions there. Calling it “absolutely ridiculous” for the MLB to take a position on the Georgia law, Abbott in a Fox News television interview indicated he was sending a message to Texas-based companies and others eyeing a move to the state — and the financial incentives that are often used to lure them.

Lt. Gov. Dan Patrick angrily targeted American Airlines during a press conference in which he described those raising concerns of voter suppression a “nest of liars.”

“Texans are fed up with corporations that don’t share our values trying to dictate public policy,” Patrick said in a separate statement responding to American Airlines’ opposition to SB 7.

In the Texas House, the possible retribution for companies that have come out against the bills has been mostly symbolic so far. Republicans sought to inject the dispute into the chamber’s consideration of the state’s massive budget bill last month, offering amendments to withhold state funds from businesses that publicly opposed legislation “related to election integrity.” Those proposals were ultimately kept off the budget.

Those threats — coupled with Republican demands for corporations to stay out of policy disputes outside of their business realm — did not deter the companies that signed onto the letter. Patagonia has even been sharing its own analysis of “voter suppression legislation,” which includes SB 7, HB 6 and several other bills, with other companies considering opposing proposed restrictions.

“Companies need to do more than solely focus on profit … and empowering their communities can be really good for business and thats something we’re seeing that’s a good trend,” said Corley Kenna, a spokesperson for Patagonia. “I hope more companies speak out on these issues, mostly because I think its important to have companies step up where government seems to be falling short.”

I certainly approve of that. See here for the previous update, here for a copy of the letter, and here for the Fair Elections Texas website, which is pretty bare-bones for now. I very much appreciate their stance, and I hope that they get a lot of reinforcements soon.

Case in point

A group of 175 business leaders sent a letter to House Speaker Dade Phelan on Tuesday morning opposing several key provisions of the voting bills being debated in the Texas Legislature, which they said would add unacceptable barriers for Houston residents to cast a ballot.

They included 10 members of the Greater Houston Partnership board, whose efforts to push the region’s largest chamber of commerce to condemn the bills were rebuffed by the group’s president. With the partnership silent on legislation Harris County leaders say will make voting more difficult for everyone and discriminate against people of color, the members said they could not stomach sitting on the sidelines.

“When you have an organization that is supposed to reflect the diversity and inclusion, and has taken steps on its website to discuss racial equality but does not have the spine to bring forth to a vote an issue that is as important as this, we felt we had no choice but to bring it in a public forum,” said Gerald Smith, who also sits on the partnership’s executive committee.

The letter takes Phelan up on the speaker’s invitation last month for business leaders to flag provisions in the bills, including House Bill 6 and Senate Bill 7, that could add obstacles to voting.

It raises alarm over provisions that would move polling sites away from Houston’s urban core, limit voting hours, ban drive-thru voting, remove restrictions on poll watchers, streamline voter roll purges and add a host of criminal penalties for poll workers and local election officials found in violation of the Texas Election Code.

“These provisions, among others, will inevitably damage our competitiveness in attracting businesses and workers to Houston,” the letter states. “Especially as we aim to attract major conferences and sporting events, including the FIFA World Cup, voter suppression is a stain on our reputation that could cost our region millions of dollars.”

[…]

The influential Greater Houston Partnership, founded in 1840, seeks to speak for the 12-county region’s business community. It regularly lobbies the Legislature on policy issues, and in the past has bucked state leaders on controversial issues, including the group’s opposition to the so-called bathroom bill in 2017 that helped torpedo a priority of Lt. Gov. Dan Patrick.

The partnership also made a commitment last summer to opposing racial injustice, issuing a statement recognizing its members “have an opportunity as Houstonians to lead the way in reforming broken systems, building up communities, offering support and removing barriers.”

For some GHP members, the organization’s inaction on SB 7 and HB 6 calls into question how serious that commitment was. A proposal that would require a roughly equal number of polling sites per state House district, the Harris County election administrator estimates, would result in fewer sites in urban areas with higher Black and Latino populations and more in suburban communities with a higher share of white voters.

As the bills began to take shape in Austin, several board members wished to revise the partnership’s April 1 broad statement on voting rights, which called on the Legislature to balance election security with ensuring equal ballot access.

GHP President Bob Harvey allotted 15 minutes to the topic at the group’s April 21 regular meeting, though the discussion ran much longer, said board member Gerald Smith. He said Harvey pledged to schedule a special board meeting to resolve the issue.

See here for some background on that, and Zach Despart’s Twitter thread for a copy of the letter. These GHP members think the organization is dragging its feet, which at this point seems self-evident. In the end, I still think that at least one of SB7 or HB6 passes, or some combination of them. These are Greg Abbott “emergency” bills, and the seething hordes of the Republican primary electorate will not tolerate anything they perceive to be failure. (Which is one of the reasons we’re in this spot to begin with.) At the very least, time is running out to get on the right side of this issue while it still matters. Do the right thing here, GHP. NBC News and the Texas Signal have more.

UPDATE: I drafted this on Tuesday, didn’t run it on Wednesday, then Mayor Turner and Judge Hidalgo announced they would no longer hold events at the GHP in response to that organization’s pusillanimous response. I’ll have a separate post on that tomorrow. Too much news, y’all.

Briscoe Cain’s latest follies

This guy, I swear.

After an early misfire, House Republicans on Thursday succeeded in pushing their proposed restrictions on voting to the legislative forefront as the Texas Legislature’s 2021 session enters its final sprint.

The House Elections Committee’s Republican majority voted to gut Senate Bill 7, the priority voting bill that has already passed the Senate, and replace the bill’s language with that of House Bill 6, a significantly different voting bill favored by House leadership. That maneuvering will put the Senate on the defensive to resurrect its legislation and likely tee up end-of-session tension between the two chambers over competing visions for which proposed restrictions ultimately make it to the governor’s desk.

As passed in the Senate, SB 7 clamps down on early voting rules and hours, restricts how voters can receive applications to vote by mail and regulates the distribution of polling places in diverse urban counties, among several other provisions in the expansive bill. The legislation passed the Senate with support from the chamber’s Republican majority and was awaiting action in the House.

HB 6, approved by the committee’s Republican majority earlier this month, would restrict the distribution of applications to vote by mail, require people assisting voters to disclose the reason a voter might need help in casting their ballot — even if for medical reasons — and enhance protections for partisan poll watchers, including criminal liability for election workers for their treatment of watchers.

On first try, a morning committee meeting descended into chaos when state Rep. Briscoe Cain, the committee’s chair, blindsided his colleagues with a motion to substitute SB 7 with HB 6, which he authored. That effort failed when another GOP lawmaker didn’t vote to follow along after Cain pressed forward, saying there were no objections to adopting the substitute language even as Democrats, shouting at times, continued to object.

The committee reconvened Thursday evening and advanced SB 7 on a 5-4 vote, after rejecting several proposed Democratic amendments.

As things stand now, SB 7 is a duplicate version of HB 6. The Senate can still revive its priorities if the full House approves the rewritten SB 7 and lawmakers from both chambers convene to cut a deal.

[…]

Caught off guard earlier in the day, Democrats on the committee said they were handed the replacement language minutes before they were asked to vote, and repeatedly objected to the move, which would preempt any public hearing by the House on SB 7’s provisions that differ substantially from Cain’s substitute.

“I feel that SB 7 is a significant piece of legislation that we should hold a hearing on it,” said state Rep. John Bucy, D-Austin.

“I agree, but we are doing a committee substitute to match it to House Bill 6, and we’ve already heard a complete hearing on that exact language,” Cain responded. He argued that the committee’s lengthy hearing on HB 6 was “sufficient.”

“These two bills are substantially different — you have said that time and time again in committee. Many times you have said these bills are totally different when somebody compared it to SB 7,” said state Rep. Jessica González, a Dallas Democrat who serves as vice chair of the committee. “I have to object. This is wrong. We deserve to have a public hearing on this.”

The meeting erupted into chaos as lawmakers spoke over each other and Democrats pushed back on Cain. After adopting the substituted language, Cain then quickly called for a vote so the rewritten bill could head to the House Calendars Committee, which determines whether bills make it to the full Texas House for a vote. But he was forced to withdraw his proposal after state Rep. Travis Clardy said he would “pass” and refused to cast a vote. Without the Nacogdoches Republican’s vote — and Democrats on the committee voting against the bill — there weren’t enough votes for it to make it out of the committee.

When lawmakers returned to the committee later Thursday, Clardy fell in line with his Republican colleagues.

The push to replace the Senate’s priority election bill with Cain’s proposals likely serves as an indication of how far apart the House and the Senate are on what changes the Legislature should make to voting this session. Instead of uniting behind identical, or even substantially similar bills, each chamber has moved forward with different measures.

See here and here for some background. I recommend reading Emily Eby’s Twitter thread for the inside look and feel of the chaos that reigned. Briscoe Cain is an idiot, but let’s be clear, the Republicans are not going to let him fail. A voter suppression bill is going to pass, one way or another, because that’s what the Republicans want and they have the numbers to do it. If one of the adults in the room has to hold Briscoe Cain’s hand to make it happen, they will. I don’t quite understand the pissing contest between the House and the Senate – there are differences between SB7 and HB6, but in the end they’re both big voter suppression bills and they both suck – but that’s not my lane. I wish I could envision a scenario where the wheels all fall off and they eventually give up, but I can’t. Some form of one of these bills will pass. The rest is just cosplay.

The propagandist’s advantage

Discouraging, but we have to address the world as it is.

Democratic state Sen. Royce West of Dallas was making a point.

The number of prosecutions for voter fraud cases in the state of Texas is low. In its 15 years of existence, the Texas Attorney General’s Election Integrity Unit has prosecuted a few dozen cases in which offenders received jail time, but none of them involving widespread fraud.

And though his colleague, Sen. Bryan Hughes, R-Mineola, was talking about another voter fraud indictment in his home county of Gregg, that was one case in one county in a state of 254 counties and 30 million people.

But Hughes had a ready retort: “How much fraud is OK?”

“How much fraud is OK?” he repeated. “I want to know.”

Game, set and match. Hughes pushed forward with his bill, an omnibus piece of legislation he says will reduce voter fraud and opponents say will suppress the votes of marginalized communities.

The argument is a familiar one to followers of voting legislation over the last two decades, as Republicans in statehouses across the country have moved to stiffen voting regulations, arguing that such changes are necessary to combat voter fraud.

And it’s an effective point. It puts the proposal’s opponents in the unenviable position of having to defend the low level of fraud cases that happen as a normal part of any large election system. Who wants to be pro-fraud?

“The difficulty for Democrats is that it’s kind of hard to sell the argument that you won’t eliminate 100% of fraud but that even a small number of cases isn’t a big deal,” said Patrick Miller, a political scientist at the University of Kansas who researched arguments over voter fraud bills. “For the public, even one case can legitimize the view that fraud is rampant and impacts the outcome.”

“In their over 20 years of this being an issue… Democrats have never come up with an effective counterargument,” Miller said.

That’s because Americans by and large do not trust the government’s handling of elections and perceive that there’s more voter fraud than actually exists, he said.

[…]

But Brandon Rottinghaus, a political scientist at the University of Houston, said the idea should be flipped on its head.

“Just because occasionally there’s a bank error doesn’t mean we should shut down ATMs. We have to make it better,” Rottinghaus said.

To do that, lawmakers would dedicate more resources and people to elections, like some of the state’s major counties have done. Instead those counties, Harris in particular, are being attacked for the new voting options they offered.

There are a lot of ways to respond to grandiose but wrong claims that “any amount of fraud is too much”. Professor Rottinghaus is on the right track, and one can expand that example in a limitless number of ways. Credit card fraud should never happen, but the fact that it does happen doesn’t mean we should all shred our Visas and MasterCards. Amazon screws up deliveries all the time. To put this in my professional bailiwick, computer viruses happen all the time, but no one is arguing that we should shut down the Internet until we can ensure they never happen again.

Indeed [puts on cybersecurity hat], the assumption in the enterprise IT world is that it’s a matter of when your network is successfully attacked, not if. While there are all kinds of protections and controls in place – which still have to balance out the need of your staff to actually do their business; again, no one is shutting down the Internet any time soon – there’s a premium on detecting viruses and other bad things when they happen, and quickly limiting the damage that they do. A stance that only having zero cyber-incidents is acceptable is not only completely unrealistic, it’s damaging and unproductive. There’s far more bang for the buck by assuming that some bad things are going to happen but we’ll catch them when they do because we’ve invested in that.

There’s also the fact that what the Hughes bill and the House bill aim to stop are things that carry little to no risk for election security. Limiting mail drop boxes and curtailing early voting hours and restricting the number of voting machines at voting locations will do a good job of making it harder to vote, but can’t and won’t do anything to make voting more secure because none of those things were insecure to begin with. Most of the actual “fraudulent” activity that the state has attempted to prosecute in recent years has involved the kind of behavior that could just as easily be classified as inadvertent mistakes, the equivalent of overstaying at a parking meter by five minutes, and most of what these bills aim to criminalize further is more of the same. Even if one were to accept that there’s a huge electoral crime wave going on, this would be like the police cracking down on jaywalkers.

Enhancing penalties for existing offenses, even the serious ones, is unlikely to matter as well. From a criminal justice perspective, our “tuff-on-crime” spree from the 80s and 90s has left us today with thousands of people serving decades-long sentences for pot possession and shoplifting. Our profligate use of the death penalty did precious little to curtail the murder rate back then, too. The main effect, then and now, is to more harshly punish a lot of people who weren’t doing anything we needed to be afraid of.

Finally, and this cannot be stressed enough, this entire premise about “fraud” is built on a foundation of lies. None of it is true. Our elections are quite reasonably secure, and the most fanatical “fraud” hunters on the planet cannot provide any shred of evidence to the contrary. Their arguments largely boil down to “Do we need for someone to find proof of Bigfoot’s existence before we pass all these anti-Bigfoot laws that everyone knows will have negative effects on our political opponents?” The rationale falls apart under the barest of scrutiny, but someone once said that if you’re explaining you’re losing, so there’s that.

The Republicans want to pass these laws because they have the power to pass them, and because they think passing them will be to their benefit. The rest is just pretext. The fact that the likes of Dan Patrick freak out whenever they get any pushback tells you more than anything I could ever say.

More local pushback against SB7 and HB6

From the inbox:

Mayor Sylvester Turner invited a diverse group of elected officials, community leaders, and business executives to stand in solidarity against voter suppression bills in the Texas Legislature.

More than 50 individuals and organizations have vowed to fight Senate Bill 7 and House Bill 6, which would make voting more difficult and less accessible to people of color and people with disabilities.

“The right to vote is sacred. In the 1800’s and 1900’s in this country, women, and people of color had to fight to obtain that right to vote,” Mayor Turner said. “In 2021, we find ourselves again fighting bills filed in legislatures across this country that would restrict and suppress the right of people to vote. These bills are Jim Crow 2.0.”

In addition to elected and appointed officials from Harris and Fort Bend Counties, prominent attorneys, Christian, Jewish and Muslim faith-based leaders joined the mayor Monday afternoon.

Representatives from the following organizations were also present:

NAACP, Houston Area Urban League, Houston LGBT Chamber of Commerce, Houston Asian Chamber of Commerce, League of Women Voters Houston, Houston in Action, FIEL, ACLU, Communications Workers of American, IAPAC, Mi Familia Vota, Houston Black Chamber of Commerce, Southwest Pipe Trades Association, National Federation for the Blind of Texas, Houston Hispanic Chamber of Commerce, Anti-Defamation League (ADL), Employment & Training Centers, Inc. and others.

Watch the entire voter suppression news conference here.

I’ll get to the Chron story on this in a minute. The TV stations were at this presser, and KTRK had the best coverage.

Mayor Sylvester Turner hit at a GOP-led effort that lawmakers say protects the integrity of Texas ballots, but what leaders around Houston believe do nothing but suppress the right to vote.

Turner was joined by leaders including Harris County Judge Lina Hidalgo and Fort Bend County Judge K.P. George at the George R. Brown Convention Center on Monday.

Multiple major corporations based in Texas have already spoken out in opposition to Republican-led legislative proposals to further restrict voting in Texas.

[…]

Both measures are legislative priorities for Texas Republicans, who this year are mounting a broad campaign to scale up the state’s already restrictive voting rules and pull back on local voting initiatives championed in diverse urban centers, namely in Harris County, during a high-turnout election in which Democrats continued to drive up their margins. That push echoes national legislative efforts by Republicans to change voting rules after voters of color helped flip key states to Democratic control.

Click over to see their video. One more such effort came on Tuesday.

The press conference was convened by the Texas Voting Rights Coalition and included statements from MOVE Texas, Black Voters Matter, Texas Organizing Project, Texas Civil Rights Project and the Barbara Jordan Leadership Institute. Beto O’Rourke, who traveled to the Texas State Capitol to testify against HB 6, and Julián Castro also spoke at the press conference.

This latest move comes after American Airlines became the largest Texas-based company to announce their opposition to voter suppression bills in Texas. Several of the speakers specifically called out Dallas-based AT&T for their silence in the wake of voter suppression legislation.

Cliff Albright from Black Voters Matter, which is based out of Georgia but has several statewide chapters, cited the corporate accountability campaign that took place in his own state after the governor signed sweeping legislation targeting the right to vote, which prompted Delta Airlines and Coca-Cola to belatedly issue statements against that legislation. “If AT&T can convince folks to upgrade a phone every few months, certainly they can convince folks that voter suppression is bad,” Albright said. He also mentioned companies with a national profile should be speaking out in favor of voting rights legislation, like H.R. 1, which recently passed the U.S. House of Representatives.

O’Rourke also leaned into the pressure that Texans can place on companies like AT&T. He also mentioned several other Texas-based companies like Toyota, Frito Lay, and Southwest Airlines as organizations that should lend their voice against voter suppression. “Reach out to these companies, you are their customer you have some leverage, ask them to stand up and do the right thing while we still have time,” he said.

Castro was blunt about SB7 and HB6. “This is a Republican party power grab,” he said. Castro also called on companies to develop a consciousness regarding the right to vote. “Companies in the state of Texas and outside of it who do business here can choose to either stand on the side of making sure people have the right to vote and are able to exercise that right, or they can stand on the side of a party that is only concerned with maintaining its power and want to disenfranchise especially black and brown voters to do that.”

Castro also emphasized that the legislation in Texas is also about voter intimidation. The former mayor of San Antonio pointed out that one of the provisions in the legislation allows for the videotaping of any voter suspected of committing fraud, even though voter fraud almost never happens.

Mimi Marziani, the President of the Texas Civil Rights Project (TCRP), also spoke about the grave effects this legislation would have on communities of color. Marziani highlighted some findings that TCRP is releasing later in the week from renowned economist Dr. Ray Perryman that shows that voter suppression leads to less political power, lower wages, and even decreased education.

Marziani also mentioned that voter suppression bills have a track record of impacting states and their ability to generate tourism. “Big event organizers might choose to avoid a state altogether and avoid any appearance of approving a controversial policy,” she said. Marziani cited the decision of Major League Baseball to relocate their All-Star Game out of Atlanta as a recent example.

In terms of direct action towards Texas-based companies, the event organizers indicated that there are going to be several ongoing calls to actions including email campaigns and phone drives. Jane Hamilton, from the Barbara Jordan Leadership Institute, said her organization (along with the Texas Organizing Project) would be holding a press conference outside of AT&T’s Dallas headquarters later this week to engage with them directly.

And one more:

Major League Baseball’s decision to pull the 2021 All-Star Game from Atlanta over Georgia’s recent controversial voter law is sparking calls for other organizations to do the same but in Texas.

Progress Texas says that the NCAA should reconsider holding men’s basketball games in Texas in the coming years due to election bills currently on the table in the Texas Legislature.

[…]

“Since Texas Republicans insist on pushing Jim Crow voter suppression efforts, the NCAA basketball tournament should insist on pulling next year’s first and second-round games out of Fort Worth and San Antonio,” said Ed Espinoza, executive director at Progress Texas in a release. “The NCAA can join American Airlines, Dell, Microsoft, and Southwest Airlines and send a message to Texas lawmakers: we won’t stand for voter suppression.”

[…]

According to the NCAA’s men’s basketball calendar, Texas Christian University in Fort Worth and the University of Texas at San Antonio in San Antonio are currently set to hold preliminary rounds in 2022, and Houston and San Antonio are set to host the national championship games in 2023 and 2025 respectively.

The NCAA has previously pulled games due to controversial legislation. In 2016, the NCAA relocated seven previously awarded championship events from North Carolina over the since-repealed HB 2, a law that required transgender people to use public bathrooms that conform to the sex on their birth certificate.

Swing for the fences, I say. All this is great, and I’m delighted to see companies like AT&T come under increased pressure. There’s a lot to be said about the national response from businesses in favor of voting rights, and the whiny freakout it has received in response from national Republicans, but this post is already pretty long.

I applaud all the effort, which is vital and necessary, but it’s best to maintain some perspective. These bills are Republican priorities – emergency items, you may recall – and they say they are not deterred.

State Sen. Bryan Hughes, R-Mineola, the author of SB7, said some of the bill’s anti-fraud measures are being lost in the “national narrative” about it. He pointed to improved signature verification rules to make sure absentee ballots are thrown out when they don’t match. Another provision would allow people to track their absentee ballots so they can see that they arrived and were counted.

Still, critics have focused on how the legislation will end drive-thru voting and 24-hour early voting locations, both of which were popular in Harris County during the 2020 election, which saw record turnout statewide.

One of those businesses trying to make itself heard is American Airlines.

“To make American’s stance clear: We are strongly opposed to this bill and others like it,” the carrier said in a statement released Friday.

[Lt. Gove Dan] Patrick fired back a short time later.

“Texans are fed up with corporations that don’t share our values trying to dictate public policy,” Patrick said. “The majority of Texans support maintaining the integrity of our elections, which is why I made it a priority this legislative session. Senate Bill 7 includes comprehensive reforms that will ensure voting in Texas is consistent statewide and secure.”

Patrick is scheduled to hold a news conference Tuesday to further defend the election reform bill against such criticism.

Hughes said he’s willing to listen to the business leaders upset with the bill, but he said many haven’t been clear about exactly what they want changed in the legislation.

“They haven’t told us what about the bill they don’t like,” Hughes said.

We’ll get to Dan Patrick in a minute. As for Sen. Hughes, the problem with signature verification rules is that there’s no standard for matching signatures, it’s just the judgment of whoever is looking at the ballot. People’s signatures change over time – mine certainly has, from a mostly-readable cursive to an unintelligible scrawl. More to the point, various studies have shown that the mail ballots for Black voters get rejected at a higher rate than they do for white voters. As for what the corporations don’t like about SB7, that’s easy: They don’t like the bill. It’s a kitchen sink of bad ideas for non-problems. Just take out everything except for the provision to allow people to track their absentee ballots online.

I am generally pessimistic about the chances of beating either of these bills, but there may be some hope:

Legum notes that there are at least two House Republicans who have publicly voiced criticisms of SB7 and HB6, and if they are actual opponents of the bills it would only take seven of their colleagues to have a majority against them. Still seems like a steep hill to climb, but maybe not impossible. If you have a Republican representative, you really need to call them and register your opposition to these bills.

As for Dan Patrick and his Tuesday press conference, well…

Is there a bigger crybaby in Texas than Dan Patrick? None that I can think of. His little diatribe was also covered, with a reasonable amount of context.

MLB pulls 2021 All Star Game out of Georgia

Well, well, well.

Major League Baseball on Friday pulled this year’s All-Star Game out of Atlanta in protest of Georgia’s new restrictive voting law.

The “Midsummer Classic” was set for July 13 at Truist Park, home of the Atlanta Braves, in addition to other activities connected to the game, such as the annual MLB Draft.

“I have decided that the best way to demonstrate our values as a sport is by relocating this year’s All-Star Game and MLB Draft,” Commissioner Robert D. Manfred Jr. said in a statement. “Major League Baseball fundamentally supports voting rights for all Americans and opposes restrictions to the ballot box.”

[…]

While Truist Park is in Cobb County, just outside of Atlanta, Mayor Keisha Lance Bottoms warned her constituents that MLB’s move will likely be the first “of many dominoes to fall, until the unnecessary barriers put in place to restrict access to the ballot box are removed.”

“Just as elections have consequences, so do the actions of those who are elected,” she said in a statement.

U.S. Sen. Marco Rubio, a Republican from neighboring Florida, blasted MLB for caving to public pressure.

“Why are we still listening to these woke corporate hypocrites on taxes regulations & anti-trust?” Rubio tweeted.

This week, President Joe Biden said he would strongly support moving the All-Star Game out of Georgia to protest the new law.

MLB’s action follows strong statements from the Georgia-based companies Coca-Cola and Delta Airlines blasting the state’s law.

Stacey Abrams, the former Georgia House of Representatives minority leader, said in a statement Friday that she’s “disappointed” that MLB officials took the All-Star Game from Atlanta but is “proud of their stance on voting rights.”

Georgia Republicans “traded economic opportunity for suppression,” said Abrams, who is credited with voter-drive efforts that delivered the Peach State to Biden and two Democrats to the U.S. Senate.

MLB has not determined a new All Star Game location yet, but as the story notes the 2020 game was supposed to be in LA but was canceled due to COVID-19. That’s an obvious solution if they want it. You can see a copy of the full MLB statement here. They’re basically following in the footsteps of the NBA, which you may recall pulled their 2017 All Star Game out of Charlotte following the passage of the extremely anti-trans HB2 in North Carolina; that law was later amended, though not repealed. Stacey Abrams has said elsewhere that she does not advocate for boycotts of Georgia in response to their voter suppression bill because the effects of such boycotts tend to hit lower income folks and people of color harder, but it’s still meaningful to see a response.

Meanwhile, in Texas.

Some of the state’s most influential companies are criticizing a package of proposed changes to Texas elections that civil rights groups liken to Jim Crow laws and that will suppress voting.

The bill approved by the Texas Senate on Thursday would limit early voting hours, prohibit drive-thru voting and ban local election officials from sending vote-by-mail applications to voters unless specifically requested. A bill that combines the Senate and House versions is expected to reach Gov. Greg Abbott’s desk within weeks.

Among the Texas-based companies decrying the bill are American Airlines, computer-maker Dell and Waste Management.

The Houston-based waste disposal company said in a statement that it supports elections that are open to all voters.

“Integrity and equal access for all are critical to a healthy voting system and our democracy,” spokeswoman Janette Micelli said.

The Greater Houston Partnership, the Houston region’s chamber of commerce, said in an email that it believes that the state’s voting process should instill confidence in the process and be “open and readily accessible by all.”

“We encourage our elected leaders, on both sides of the political aisle, to balance these two ideals, strengthening all Texans’ right to vote in free and fair elections,” the GHP said.

AA and Dell we knew about, while Waste Management is new to the party – welcome, y’all. As for the GHP, that statement is pretty damn limp, and SB7 author Bryan Hughes is quoted in the story claiming this is exactly what his trash bill is meant to do. Don’t be mealy-mouthed, GHP. Take an actual stand or sit down and be quiet. Daily Kos, which notes that Southwest Airlines and AT&T have “offered vaguer statements in support of voting rights” without mentioning SB7, has more.

First major vote suppression bill passes

Nothing’s going to stop them.

Senate Republicans on Thursday cleared the way for new, sweeping restrictions to voting in Texas that take particular aim at forbidding local efforts meant to widen access.

In an overnight vote after more than seven hours of debate, the Texas Senate signed off on Senate Bill 7, which would limit extended early voting hours, prohibit drive-thru voting and make it illegal for local election officials to proactively send applications to vote by mail to voters, even if they qualify.

The legislation is at the forefront of Texas Republicans’ crusade to further restrict voting in the state following last year’s election. Though Republicans remain in full control of state government, Texas saw the highest turnout in decades in 2020, with Democrats continuing to drive up their vote counts in the state’s urban centers and diversifying suburban communities.

Like other proposals under consideration at the Texas Capitol, many of the restrictions in SB 7 would target initiatives championed in those areas to make it easier for more voters to participate in elections.

The bill — deemed a priority by Lt. Gov. Dan Patrick — now heads to the House for consideration after moving rapidly through the Senate. Just two weeks after it was filed, a Senate committee advanced it Friday. That approval followed more than five hours of public testimony, largely in opposition over concerns it would be detrimental to voters who already struggle to vote under the state’s strict rules for elections.

While presenting the bill to the Senate, Republican state Sen. Bryan Hughes said the legislation “standardizes and clarifies” voting rules so that “every Texan has a fair and equal opportunity to vote, regardless of where they live in the state.”

“Overall, this bill is designed to address areas throughout the process where bad actors can take advantage, so Texans can feel confident that their elections are fair, honest and open,” Hughes said.

In Texas and nationally, the Republican campaign to change voting rules in the name of “election integrity” has been largely built on concerns over widespread voter fraud for which there is little to no evidence. More recently, Texas Republican lawmakers have attempted to reframe their legislative proposals by offering that even one instance of fraud undermines the voice of a legitimate voter.

[…]

While questioning Hughes, Democratic state Sen. Carol Alvarado of Houston referenced an analysis by Harris County’s election office that estimated that Black and Hispanic voters cast more than half of the votes counted at both drive-thru sites and during extended hours.

“Knowing that, who are you really targeting?” Alvarado asked.

“There’s nothing in this bill that has to do with targeting specific groups. The rules apply across the board,” Hughes replied.

See here for the previous update. Note the very careful language Hughes used in his response to Sen. Alvarado. The Republican defense to the eventual lawsuits is that these laws aren’t targeting voters of color in any way. They’re just plain old value-neutral applies-to-everyone restrictions, the kind that (Republican) Supreme Court Justices approve of, and if they happen to have a disparate impact on some voters of color, well, that’s just the price you have to pay to make Republicans feel more secure about their future electoral prospects ensure the integrity of the vote.

It’s the poll watchers provision that is easily the worst of this bill.

Although videotaping in polling locations in Texas is prohibited, under a bill that passed the Texas Senate just after 2 a.m. on Thursday, partisan poll watchers would be allowed to videotape any person voting that they suspect may be doing something unlawful. But poll workers and voters would be barred from recording the poll watchers.

History has shown this is likely going to lead to more Black and Hispanic people being recorded by white poll watchers who believe they are witnessing something suspicious, advocates warn.

“It’s designed to go after minority voters,” said Gary Bledsoe, the president of the Texas NAACP.

Not so, says State Sen. Bryan Hughes, a Republican from Mineola. He said the recordings by poll watchers will give officials a way to resolve disputes at polling locations especially related to potential voter fraud.

“They are the eyes and ears of the public, and if a dispute does arise about what happened, what was said, what was done, the more evidence we can have the better,” Hughes said of the provision within his Senate Bill 7, which includes a number of measures to restrict voting access in the name of preventing fraud.

But to Black and Hispanic leaders, the legislation is a replay of the voter intimidation from the 1960s and 1970s. After the voting rights acts of the 1960s were passed, Domingo Garcia, the national president of LULAC, said law enforcement in some counties in Texas would take pictures of Hispanics and Black voters at polling places and then try to deliver those pictures to their white employers or others in the community to get them in trouble.

“It was a form of voter intimidation then, and that’s what this would be now,” Garcia said.

What makes SB 7 even more dangerous is who it is empowers to make recordings, Bledsoe said.

Poll watchers are volunteers chosen by candidates and parties to observe the election process. They do not undergo background checks and are not subject to any training requirements.

As such, they could quickly become a sort of vigilante force, Bledsoe said. He said many times Republican poll watchers are sent from other parts of the community into Black and Hispanic precincts and may not even be familiar with the neighborhoods where they would be allowed to record people trying to vote.

“This is intimidating as all get out,” he said.

Shortly after midnight Thursday in a marathon hearing, Hughes amended the bill to bar poll watchers from posting the videos on social media or sharing them with others except for the Texas Secretary of State.

If you can’t see the potential for abuse here, I don’t know what to tell you. Others have pointed out that voters who have been the victim of domestic violence would certainly feel intimidated by having a stranger video them. This is giving unvetted people with a motive to cause trouble a lot of power and no accountability. That’s a recipe for disaster.

There’s not a lot more to say about this that I haven’t already said, so let me reiterate a few things while I can. There’s been more corporate pushback on the Georgia law, but we’re still very short on attention for what’s happening in Texas, not to mention the rest of the country. At this point, merely condemning the suppressionist bills is insufficient. If you actually believe in the importance of voting, then put your money where your mouth is and take action to vote out the officials who are trying to take it away from so many Americans. Senator Hughes is right about one thing – this anti-voting push from him and his fellow Republicans did in fact begin before the 2020 election. All the more reason why the elected officials doing the pushing do not deserve to have the power and responsibility they have been given.

Sen. Borris Miles gave a speech on the floor thanking Sen. Hughes for “waking the beast”, and I do think bills like this will have a galvanizing effect for Democrats and Democratic leaners. As I’ve said before, I think the practical effect of this law will be more negative to the Republican rank and file than perhaps they expect. Democrats took advantage of voting by mail in 2020, but that’s not their usual way of voting, and the restrictions that SB7 imposes, as Campos notes, is going to hurt those who are most used to voting by mail, who are generally Republicans. I believe as much as ever that Democrats should campaign in 2022 on a promise to make it easier and more convenient to vote. This law, to whatever extent it is allowed to be enacted, will hurt, but how much and in what ways remains to be seen. That’s the risk of reacting so forcefully to an anomalous event – it’s easy to go overboard and do things you didn’t really intend to do. We’ll see how it plays out. The Texas Signal has more.

UPDATE: This is a good start.

American Airlines Statement on Texas Voting Legislation

Earlier this morning, the Texas State Senate passed legislation with provisions that limit voting access. To make American’s stance clear: We are strongly opposed to this bill and others like it. As a Texas-based business, we must stand up for the rights of our team members and customers who call Texas home, and honor the sacrifices made by generations of Americans to protect and expand the right to vote.

Voting is the hallmark of our democracy, and is the foundation of our great country. We value the democratic process and believe every eligible American should be allowed to exercise their right to vote, no matter which political party or candidate they support.

We acknowledge how difficult this is for many who have fought to secure and exercise their constitutional right to vote. Any legislation dealing with how elections are conducted must ensure ballot integrity and security while making it easier to vote, not harder. At American, we believe we should break down barriers to diversity, equity and inclusion in our society – not create them.

Via Patrick Svitek, who also posted the super pissy response it drew from one of Abbott’s mouthpieces and from Dan Patrick. More action is needed, but we have to start somewhere.

UPDATE: Also good:

Via the Trib. Keep ’em coming, but don’t forget the need for action.

Assault on abortion advances in Senate

I have four things to say about this.

The Texas Senate gave initial approval Monday to a half-dozen bills that would restrict access to abortion, including a priority measure that could ban abortions before many women know they are pregnant.

The measures are among the earliest bills to be debated by the full Senate — whose presiding officer, Lt. Gov. Dan Patrick, has given two abortion proposals top billing this session. Each piece of legislation must be voted on again in the upper chamber and then go through a similar process in the House before becoming law.

Senate Bill 8 would ban abortions after a fetal heartbeat has been detected, which can be as early as six weeks, according to a legislative analysis. The bill has an exception for medical emergencies but not for rape or incest.

The bill would also let anyone in Texas sue an abortion provider if they believe they violated state laws, regardless of whether they had a connection to someone who had an abortion or to the provider. A person who knowingly “aids or abets” others getting abortions prohibited under state law could also be hit with lawsuits, according to a bill draft.

“We’re setting loose an army of people to go sue somebody under a bill that will likely be held unconstitutional,” state Sen. Nathan Johnson, D-Dallas, said. “They could be sued over and over and over again having to pay $10,000” which is the minimum proposed damages in the bill.

Similar “heartbeat bills” have been passed in other states but have been blocked by the courts.

State Sen. Bryan Hughes, R-Mineola, the lead author of SB 8, said unique legal language in the bill makes him believe it will be upheld. It’s intended to “protect our most vulnerable Texans when the heartbeat is present,” he said.

Senate Bill 9, another Patrick priority, would bar nearly all abortions if the U.S. Supreme Court overturned the Roe v. Wade decision or otherwise altered abortion laws. It would create a possible fine of $100,000 for doctors who perform abortions after the law goes into effect. Sen. Carol Alvarado, D-Houston, said the fine for sexual assault in Texas has a $10,000 maximum.

Other legislation given initial approval Monday would bar later-term abortions in the case of severe fetal abnormalities — closing what the bill’s authors have likened to a “loophole” and forcing people to carry ill-fated or unviable pregnancies to term, according to experts and advocates. Women in that situation would be provided with information about perinatal palliative care, or support services, which they may not have been aware of, the bill’s author said.

Another bill, Senate Bill 394, would bar pill-induced abortions after seven weeks. Guidelines from the Food and Drug Administration approve the use of abortion pills up to 10 weeks. Nearly 40% of abortions performed on Texas residents in 2019 were medication-induced, according to state statistics.

1. I’m sure the anti-choice wingnuts are delighted by all this, but I wonder if any of them have ever said to themselves “Hey, wait a minute, we’ve had total control over the state government in Texas for 20 year. Why are we just getting all of this now, after all this time?” I doubt they have that level of self-awareness, however.

2. Most if not all of this would have been clearly illegal following the Whole Women’s Health ruling, but thanks to Anthony Kennedy’s retirement and John Roberts’ controlling opinion in the Louisiana case where a nearly identical law that had been struck down was tried again, most of the teeth from Whole Women’s Health were blunted, if not extracted. I have no idea what the courts will do under the newer ruling, but let’s just say I’m not optimistic.

3. The law that would allow basically anyone to sue any abortion provider for any reason is going to be a real rainmaker for a certain type of lawyer in this state. The odds that at least one such lawyer will end up running an elaborate grift based on this and eventually get busted for it are basically 100%.

4. In theory, federal legislation could overrule much of this, but there’s basically zero chance of that happening in the current Congress. As is so often the case, the real long-term remedy is Democratic control of Texas’s government. Needless to say, that ain’t gonna be easy. The starter agenda for when we finally get that is getting longer and longer.

The Chron and the Signal have more.

The Briscoe Cain follies

Play stupid games, win stupid prizes.

The Texas House Elections Committee abruptly ended its meeting [Thursday] before about 200 people who traveled to the Capitol could testify on a controversial anti-voter fraud bill.

Rep. Briscoe Cain, R-Deer Park, who chairs the committee and authored House Bill 6, had recessed briefly as he argued with the committee’s vice chair, Democrat Jessica González.

González wanted to hear from Rep. Nicole Collier, a fellow Democrat and chair of the Texas Legislative Black Caucus.

“Vice Chair González, at this moment, you are not chairing this committee,” Cain said as he overrode González’s attempts to allow Collier to speak. “I’m not recognizing anyone but a member of this committee at this time.”

The meeting’s undoing came to pass for a procedural reason: Cain had not specified when the committee would reconvene, meaning the meeting would have to be rescheduled for a later date. He apologized to the hundreds who had made the trip to Austin to share their feedback on the bill.

“Even though I wish very much to continue today’s hearing, the rules prevent me from doing so,” he said. “Please forgive me for my error.”

This is the third-term GOP member’s first time chairing a committee during a legislative session.

[…]

Civil rights and voting advocacy groups slammed Cain, who had said it was committee practice not to allow non-members to ask questions, for blocking Collier’s testimony. There are no Black members of the elections committee.

“Today was further evidence of the GOP efforts to silence our voices. We can no longer stand by and allow them to shut us down,” Collier said at an informal, livestreamed “citizen’s hearing” in the Capitol rotunda. “We must speak up. Today shows why it’s important we have a seat at the table.”

Common Cause Texas executive director Anthony Gutierrez said non-members participate in committee hearings “all the time.”

“This deviation from standard practice to prevent a Black woman from engaging in debate on a bill that would impact Black communities disproportionately is appalling,” Gutierrez said. “There is truly nothing more absurd than Briscoe Cain having to adjourn his committee hearing on his bill that would criminalize procedural mistakes people might make while voting because he made a procedural mistake.”

Those who had planned to speak Thursday immediately expressed their deep frustration.

“(Cain) has promised a future hearing on the bill, date yet to be determined,” Texas Civil Rights Project, a voting-focused advocacy group, said in a tweet. “But this is still deeply unfair to all the Texans who took time off of work and school to be there today. And it’s troubling that no effort was made to accommodate and listen to these Texans.”

Or to put it another way, give power and responsibility to malevolent incompetents, get malevolent incompetent results. Imagine being someone who took time off from work, drove however many hours to be in Austin to wait even more hours to be given three minutes to testify against this travesty, only to be told that because the committee chair screwed up you have to come back again at some then-unknown date. (Per the Trib, it’s been rescheduled for April 1, which seems a little on the nose.) You’d have Briscoe Cain to thank for that.

R.G. Ratcliffe thinks Cain (who calls himself a “parliamentary guru”, by the way) may have inadvertently done the opponents of his malicious legislation a favor. I say that remains to be seen, because if there are two things we know about the Republicans’ push to change the rules in their favor, it’s that they can always extend the clock and that they don’t much care about the niceties along the way. What do they care if a few rabblerousers didn’t get a chance to vent at them? They will not be deterred.

Also not to be deterred is the Senate, which had its own voter suppression bill hearings.

The 31-page Senate Bill 7 includes provisions that would limit early voting opportunities, such as drive-thru and overnight polls, and stop counties from mass-mailing unsolicited ballot-by-mail applications — all methods that Harris County officials debuted in 2020.

It would also require Texas counties to have ballots with paper trails and maintain online systems tracking the status of voters’ mail ballot applications and ballots.

The bill was scheduled to be heard on Monday, but Senate Democrats delayed the hearing with a procedural move. It contains many similarities to a bill that passed the Senate but died in the House when the paper-trail system requirement, which had bipartisan support, was removed at the last minute.

Sen. Judith Zaffirini, D-Laredo, raised several potential legal issues with the bill as she questioned Keith Ingram, director of elections with the secretary of state’s office.

Texas is one of 16 states that does not have universal, no-excuse-needed voting by mail. Mail voting is only allowed for people who are 65 years or older; traveling out of the county during the election period; in jail; or have a disability or illness.

SB 7 would require voters to show proof of a purported disability, such as a doctor’s note. Zaffirini asked and Ingram confirmed that no other group allowed to vote by mail would be required to provide backup documentation.

Making a visit to see a doctor costs money, Zaffirini pointed out. Unless the state would provide voters with financial help, she asked, “could that constitute a poll tax?”

“I don’t know,” Ingram said. “That’s a question for a court.”

Seems to me that’s a pretty big can of worms, and could run into issues with privacy laws relating to medical information. Anyone out there want to comment on the possibility that this could run afoul of HIPAA in some way? The lawyers will be busy, that much is for sure. The Texas Signal has more.

UPDATE: Forgot to mention, Chris Hollins wrote an op-ed calling on the business community (especially Texas businesses and those that relocated here) to get involved in this fight as they recently have for other social justice issues. He specifically singled out HEB, AT&T, CenterPoint, and Pizza Hut.

It’s Voter Suppression Week in the Senate

Delayed by a day, but that won’t stop anything.

Republican lawmakers in Texas are attempting to cement more bricks into the wall they hope will shield their hold on power from the state’s changing electorate.

After more than 20 years in firm control, the GOP is seeing its dominance of Texas politics slowly slip away, with some once reliable suburbs following big cities into the Democratic party’s fold.

This legislative session, Republicans are staging a sweeping legislative campaign to further tighten the state’s already restrictive voting rules and raise new barriers for some voters, clamping down in particular on local efforts to make voting easier.

If legislation they have introduced passes, future elections in Texas will look something like this: Voters with disabilities will be required to prove they can’t make it to the polls before they can get mail-in ballots. County election officials won’t be able to keep polling places open late to give voters like shift workers more time to cast their ballots. Partisan poll watchers will be allowed to record voters who receive help filling out their ballots at a polling place. Drive-thru voting would be outlawed. And local election officials may be forbidden from encouraging Texans to fill out applications to vote by mail, even if they meet the state’s strict eligibility rules.

Those provisions are in a Senate priority bill that was set to receive its first committee airing Monday, but Democrats delayed its consideration by invoking a rule that requires more public notice before the legislation is heard. Senate Bill 7 is part of a broader package of proposals to constrain local initiatives widening voter access in urban areas, made up largely by people of color, that favor Democrats.

The wave of new restrictions would crash up against an emerging Texas electorate that every election cycle includes more and more younger voters and voters of color. They risk compounding the hurdles marginalized people already face making themselves heard at the ballot box.

“I think Texans should be really frustrated with their politicians, because it is so obvious that there’s a lot of work that needs to be done to put itself in a place where its people are safe with all the challenges we could be expecting to be facing in the modern era, and instead they’re figuring out how to stay in power,” said Myrna Pérez, director of the voting rights and elections program at the Brennan Center for Justice, which is analyzing and tracking proposed voting restrictions across the country.

“Their manipulation has got a shelf life, and I think that’s part of the reason why they’re so desperate to do it right now because they see the end. They see what’s coming down the road for them.”

See here, here, and here for the background. I don’t have a whole lot to add to what I’ve already said, but it occurs to me that the Republicans may be underestimating how much of a negative effect this will have on their own voters, at least their own voters in high-population areas. Plenty of Republicans vote by mail, and the boost that Republicans got in Latino areas last year came primarily from low-propensity voters, who are exactly the kind of people that will be affected by further restrictions on when and where to vote. They obviously think they will profit from all this, and I certainly may just be whistling past the graveyard, but Democratic voters have shown a lot of resilience in recent years, and these bills are based on lies and the hurt feelings of one particular person. Maybe they’re shooting themselves in the foot here. It sure would be nice to think so, anyway.

The next frontiers in anti-abortion law

Why not attack the legal system while you’re at it?

Right there with them

Texas lawmakers — pushing to drastically restrict abortion access — have included language in a priority bill meant to make it harder to block the law from taking effect and easier to sue abortion providers.

The provisions seem intended to reshape the legal landscape, while many federal courts stop restrictive abortion laws that have passed out of conservative statehouses.

Proponents of the bill told lawmakers its “unique drafting” could make it the first of its kind that can’t be held up in the courts before it takes effect. But legal experts and abortion rights advocates say the proposals amount to a gambit meant to drive abortion clinics out of business.

“Regardless of how you try to dress up an unconstitutional bill, it is still unconstitutional,” said Elisabeth Smith, chief counsel for state advocacy and policy at the Center for Reproductive Rights.

The proposed bill would strip Texas officials of their typical enforcement role — and open the door for any Texan to sue providers they thought weren’t complying with state abortion laws. By pushing enforcement to the civil court system, anti-abortion activists hope to make it harder to sue state officials to stop an unconstitutional law.

The bill also tries to give state actors immunity from lawsuits.

[…]

Versions of the law have been passed in other states and have all been blocked by the courts, said University of Texas at Austin law professor Elizabeth Sepper.

What’s different in Texas “and what the Texas Legislature is sort of pinning its hopes on — are the procedural maneuvers,” she said.

SB 8 would let anyone in Texas sue an abortion provider if they believe they violated state laws. The person would not have to have a connection to someone who had an abortion or to the provider.

Someone who knowingly “aids or abets” others getting abortions prohibited under state law could also be hit with lawsuits, according to a draft of the bill.

Advocates of abortion rights say the provisions would upend “the judiciary’s check on the Legislature” and could leave doctors — or even families of those who receive abortions — to face harassing and frivolous litigation.

Legal experts also said provisions in the bill represent a big break from how the law normally works.

“It’s an extreme departure from current law that someone [doesn’t have] to be connected to a problem in order to sue,” said David S. Cohen, a law professor at Drexel University’s Thomas R. Kline School of Law.

“It really opens up for almost endless liability, which is one way that the anti-abortion folks, including the Texas Legislature, strategize to shut down abortion clinics,” he said.

Smith said the idea that anyone could sue abortion providers makes a “mockery of the legal system, which requires the person suing to have actually sustained a harm that provides the basis of the lawsuit.”

SB8, one of Dan Patrick’s priority bills, is one of many that have already been passed out of committee. It’s safe to say that most if not all of these bills will be passed because there’s nothing that can stop them other than time or the Republicans themselves choosing not to proceed for whatever the reason. From there, it’s a matter of what the courts will do. We know that Chief Justice John Roberts is a stickler for who does and does not have standing to file lawsuits, but we also know that there are five other SCOTUS justices who don’t believe in reproductive freedom, so it’s anyone’s guess what happens next. I see no reason to doubt that some, probably most, of what’s in these bills will survive. I sure hope I’m wrong about that.

Abbott vs Patrick on power outage blame game

This ought to be interesting.

The blame game over the state’s faulty electrical grid is creating a rare public rift between the two top Republicans in state government that could have a major financial impact on some utility companies and their customers.

First Lt. Gov. Dan Patrick on Friday blasted Gov. Greg Abbott’s newest appointee to oversee the state’s utility system for a lack of “competence and questionable integrity.” Hours later, Abbott released a late-night letter to the public, addressed to Patrick. In it, Abbott defended his appointee and pushed back against Patrick’s solution for inflated power bills due to the winter storms.

The divide comes as Abbott is scheduled to be in Houston on Monday for a press conference to talk about election integrity legislation he is supporting in the Texas Legislature.

For most of the last two years, Abbott and Patrick avoided such confrontations, instead trying to project unity on most issues such as the pandemic and legislative priorities like property tax reforms and changes in public school funding.

But that unity has eroded since the deadly winter storms that blasted Texas last month, leaving millions without power and broken water pipes despite a decade of warnings that the state’s power grid was vulnerable increasingly common winter storms.

At the core of their public dispute is how to deal with outrageous wholesale electricity bills that some utilities are facing. Patrick says sky-high emergency prices left in place too long by the Electric Reliability Council of Texas resulted in $4 billion to $5 billion in overcharges for utility companies. He says the error can be reversed retroactively by Abbott’s appointed members of the Public Utility Commission, which has authority over ERCOT.

But ERCOT leaders and Abbott say there is a difference of opinion of whether there was an error at all. ERCOT’s leader Bill Magness said the prices were kept intentionally high, to assure public safety by drawing more power to the grid to help Texans weather the freeze.

Abbott says the utilities commission cannot legally reverse the past charges anyhow, and if that is going to be done, it would have to be done by the Legislature.

[…]

Patrick did not like answers from Abbott or the governor’s new Public Utility Commission chair, Arthur D’Andrea, who has testified that he cannot reverse the wholesale energy prices retroactively.

During a Senate committee hearing on Thursday, Patrick did something he’s only done one other time during his two terms as the lieutenant governor: He personally attended the committee hearing and grilled D’Andrea directly himself.

“In light of the PUC chair’s refusal to take any corrective action, despite the fact that he has the authority and the evidence is clear, I am asking Gov. Abbott to intercede on this issue,” Patrick said in a press statement he sent out late Friday. “I am also asking Gov. Abbott to replace Mr. D’Andrea on the PUC when he fills the other two vacancies there. Mr. D’Andrea’s position requires both professional competence and honesty and he demonstrated little of either in the hearings yesterday.”

Patrick said D’Andrea does have the authority to fix pricing during “unusual circumstances.”

Less than two hours later on Friday night, Abbott shared with the media a letter to Patrick in which he points to his long legal history as a former Texas Supreme Court Justice and the Texas Attorney General before he became governor in 2014 to make the case that D’Andrea was correct.

“As a former Texas Supreme Court Justice and former Attorney General, I agree with the position of the PUC Chair about his inability to take the action you requested,” Abbott wrote in his letter. “You asked that I ‘intervene to ensure the right thing is done.’ The governor does not have independent authority to accomplish the goals you seek. The only entity that can authorize the solution you want is the Legislature itself. That is why I made this issue an emergency item for the Legislature to consider this session.”

See here for some background, and here for more detailed coverage of Dan Patrick versus the PUC dude. The tea leaf reading is rampant, with the spectacle of Patrick challenging Abbott in the primary for Governor as the uber-story. I think this is more an illustration of what kind of politician each of them is than anything else. Abbott is at heart a lawyer, the kind of lawyer who will comb the fine print looking for a justification for the thing he already wants to do, which in this case is make the blame for the freeze as well as the responsibility for fixing the underlying issues fall on someone else. Patrick, on the other hand, is a showman and self-promoter who has enough self-awareness to know that he came pretty close to losing in 2018 and it might be good for him to claim an accomplishment on something broadly popular while also beating up on someone more villainous than he is. (I refer to the PUC Chair here and not to Abbott, but if you took it the other way Patrick would not complain.) You have to admire his creativity on this.

Lt. Gov. Dan Patrick hastily convened a session of the Texas Senate on Monday as members suspended their own rules and took highly unusual steps to push through a bill that would force the state’s utility regulator to reverse billions of dollars in charges for wholesale electricity during last month’s winter storm.

Senate Bill 2142, sponsored by state Sen. Bryan Hughes, R-Mineola, had not even been filed when the day started Monday — and the full Senate hadn’t been scheduled to convene. But by 2 p.m., it had been read on the Senate floor, approved in a hastily convened committee meeting that featured no public comment and then approved by the full Senate on a 27-3 vote.

Thanks to that extraordinary pace, it became the first bill that either chamber of the Legislature had passed since convening Jan. 12. It will head now head to the House, where its fate is currently uncertain.

“The Senate has acted,” Patrick said after Monday’s vote. “We are asking the governor to join us. And I think if he will say he’ll sign this bill, it may help us get this bill through the House.”

[…]

The filing of SB 2142 came after Friday’s deadline for filing legislation during the 2021 legislative session. But the Senate found a way around that rule in one of its bolder procedural moves Monday. The chamber brought back up its motion to adjourn Thursday and withdrew it, essentially going back in time on the legislative calendar and allowing Hughes to file his legislation before the Friday deadline.

Dan Patrick: He literally traveled through time to lower your electric bills. The ads, they write themselves. Look, I don’t think this makes Patrick any less likely to run for re-election as he has said he will, but a little speculation – and a little marketing – never hurt anyone. In the end, this will probably be more heat that light. If only we could get our power generation plants to store it all up for the next winter freeze.