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The Texas/Georgia comparison

The main thrust of this story is that the Texas voter suppression bills are not as bad as the law Georgia passed. But as you can see, these laws are still Very Bad.

After major corporations criticized Georgia for adopting voter restrictions in the wake of Democratic wins there, the spotlight is shifting to Texas as Republican lawmakers advance similar legislation.

And just as Georgia Republicans sought to rein in Fulton County — a heavily Democratic county that includes the city of Atlanta — Texas Republicans are targeting large counties run by Democrats with measures that provide possible jail time for local officials who try to expand voting options or who promote voting by mail.

That same push is happening in Arizona and Iowa, said Lawrence Norden, director of the Election Reform Program at the Brennan Center for Justice at New York University Law.

“All of these bills share a common purpose: to threaten the independence of election workers whose main job should be to ensure fair elections free from political or other interference,” Norden said.

The Senate is particularly intent on preventing a repeat of 2020, when the interim Harris County clerk, Chris Hollins, promoted novel approaches such as 24-hour voting sites and drive-thru polling places as safe alternatives to indoor voting amid the coronavirus pandemic. The Democrat-leaning county saw historic turnout that helped Joe Biden come within 5.5 percentage points of the incumbent, Republican Donald Trump.

“Out of thin air they decided on drive-in voting,” charged Lt. Gov. Dan Patrick, a conservative Republican who runs the Senate and has been a leading voice in urging lawmakers to tighten voting laws in the name of preventing fraud.

Harris County officials, on the other hand, say drive-thru voting was preapproved by administrators at the Texas Secretary of State’s office.

“In 2020 we did everything we could within the bounds of the law to ensure that we were going to have a free, a fair, a safe and an accessible election in Harris County,” Hollins said.

House Bill 6, which passed out of a committee and will next go before the full Texas House, would open up election officials to felony charges if they were to solicit a voter to fill out an application for an absentee ballot. Election officials could also face felonies for submitting false information on a provisional ballot, or if they are proven to intentionally have failed to count a valid ballot. Another provision would subject election officials to misdemeanor charges for blocking partisan poll watchers from having access to observe voting.

Legislation approved by the Texas Senate, SB 7, would also make it a crime for election workers to deny a partisan poll watcher the chance to sit or stand near enough to observe voting.

That Senate bill includes a proposal to allow poll watchers to video record voter activity at polling places. Election law expert David Becker of the Center for Election Innovation and Research told CBS News that provision would make Texas elections less secure, not more so.

[…]

The overlapping debates in Georgia and Texas over election legislation has left some confused over what each state is doing.

During a marathon session of the Senate last week, state Sen. Bryan Hughes, R-Mineola, went out of his way to explain some of the distinctions. He noted that there is nothing in SB 7 that would make it a crime to give people food and water while they are standing in line to vote, as the Georgia bill does.

“Not in the bill,” Hughes said. “Never going to be in the bill.”

The “no food or water to anyone standing in line” provision in the Georgia law drew a lot of notice for its cruelty and pettiness, but the lack of such a provision in the Texas bills should not distract you from their badness. The main point is to make it harder to vote, and to prevent any future election official – with the threat of a felony, for crying out loud – from taking any action in any situation to make it easier to vote. The poll watchers provision is an open invitation for all kinds of self-appointed election vigilantes to intimidate any voter whose looks they don’t like. And this was all very much done with animus aimed at Harris County, for the sin of being a Democratic stronghold.

I have referred to Daniel Davies’ pithy comment about how “good ideas do not need lots of lies told about them to gain public support” in the past. In a post-Trump world, I’m not sure how accurate that still is, but I do note that the likes of Dan Patrick are still lying their heads off about these bills.

Before explaining how the bill would amend the state election code, Patrick said something that he would repeat during the 35-minute press conference.

“Nothing has changed in the election code (under SB7) regarding early voting. Nothing has changed,” he said.

[…]

If passed, SB 7 would codify Republicans’ objections to drive-thru voting and 24-hour voting into the state election code. To Roxanne Werner, deputy director of communications for Harris County Elections, that’s an appreciable change.

“There are definitely a number of things that would change under SB7, particularly with early voting. Some of the more obvious things are the drive-thru locations and the lack of extended early voting hours,” Werner said. “There are several things in SB 7 that relate to early voting, so I’m surprised to hear (Patrick’s) particular statement.”

For instance, the bill’s text would eliminate 24-hour voting by adding language to the election code that requires early voting to be conducted “for a period of at least nine hours, except that voting may not be conducted earlier than 6 a.m. or later than 9 p.m.”

And it would prohibit drive-thru voting — during the early voting period or on election day — by adding language that says “no voter may cast a vote from inside a motor vehicle.”

Robert Stein, a Rice University political scientist who has worked with and studied Harris County’s election system, said the changes proposed in SB 7 are obvious.

“What do you mean nothing changed?” Stein said, responding to Patrick’s claim. “Then why are you writing SB 7? You’re changing the law so as to prevent someone from doing something they have been doing in the past.”

David Becker, executive director of the nonpartisan Center for Election Innovation and Research, agrees and notes that SB 7 would make Texas one of the most restrictive voting states in the nation. Becker said that SB 7 would “concentrate more voting to a single day” by disincentivizing early voting and mail-in voting.

“I think it’s really hard to characterize SB 7 as not severely limiting early voting given that early voting was allowed to proceed under Texas law in a way that was much more expansive,” Becker said.

All of the changes packaged in SB 7 taken together, the overall effect of the bill, as in bills in other states, is the removal of authority from local election officials, Becker said.

“The fact is that the election code, as every election code does, leaves areas for local government to manage their elections, and there was nothing in the code before that said you couldn’t do drive-thru voting, that said you couldn’t do 24/7 voting, that said you couldn’t do temporary buildings for early voting,” he said. “That has absolutely changed.”

The claim was rated “Pants On Fire”. Even some Republicans have noted the likely effect that these bills would have on early voting and the voters who use it. It’s not that I expect Dan Patrick to be some kind of bastion of truth, but he’s usually smoother than this. Lying in such an obvious fashion like this is defensive in a way Patrick doesn’t often show.

The original story also notes that HB6 has fewer of the restrictive provisions than SB7 does. That’s true, but it’s not particularly relevant. One of these bills will end up in a conference committee, and once there anything can happen. I’d bet on the Senate version being the one that wins out in the end.

One last thing: I’ve mentioned this before as well, but remember that the two omnibus bills are not the only ones out there. There are other bills that do smaller and more targeted things that are getting hearings, like HB895, which would allow election workers to have the discretion to pull voters out of line if their ID and documentation seem questionable, take them aside and make their photo on the spot, make copies of their documentation, and turn that over to the Secretary of State. (No, really.) What could possibly go wrong with that? That hasn’t gotten a vote in committee yet, so it’s not nearly as far along as SB7 or HB6, but we all know that a bill like this could wind up as an amendment to a bill that’s on its way to passage if it doesn’t survive the committee process itself. Until the Lege is out of session, all kinds of badness remains possible.

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.

House committee passes its voter suppression bill

I remain pessimistic about this, but we have no choice but to fight.

A Texas House committee on Thursday advanced an elections bill that would make it a state jail felony for local election officials to distribute an application to vote by mail to a voter who didn’t request one.

House Bill 6 is part of a broader Republican effort this year to enact wide-ranging changes to elections in Texas that would ratchet up the state’s already restrictive election rules in the name of “election integrity” despite little to no evidence of widespread fraud. The legislation was approved by the House Elections Committee on a party line vote with only Republicans voting in favor of it.

Like other Republican proposals, the measure would target Harris County’s initiatives from the 2020 general election, including a shift to proactively send out vote-by-mail applications. Various counties sent unsolicited applications to voters who were 65 years and older, who automatically qualify to vote by mail in Texas. But Republicans’ ire fell on Harris County officials when they attempted to send applications to all 2.4 million registered voters in the county with specific instructions on how to determine if they were eligible. The Texas Supreme Court ultimately blocked that effort.

HB 6, by Republican state Rep. Briscoe Cain, would also set up new rules for people assisting voters — like those with disabilities or those who speak languages other than English — in casting their ballots. Voters can select anyone to help them through the voting process as long as they’re not an employer or a union leader. But the bill would require those helping voters to disclose the reason they need help.

The bill now heads to the House Calendars Committee, which determines whether bills make it to the full Texas House for a vote.

[…]

The bill also picked up opposition from civil rights groups who raised the prospect that the legislation violates federal safeguards for voters of color who would be treated differently for being more likely to need assistance and concerns about the punitive nature of the bill against election workers. Advocates for people with disabilities worried it could violate the federal Americans with Disabilities Act and cautioned against complicating the voting process for voters with disabilities by creating new requirements for the individuals they select to help them.

“You can’t any longer help an elderly constituent by providing them with a mail in ballot application — this is truly incredible,” said Gary Bledsoe, president of Texas NAACP. “There’s only one reason to create criminal laws and that is to dissuade minority voters and [minority] voting officials.”

See here for the previous update. I’m going to spare myself a little work by pointing you to some other people who have done the work of highlighting how and why HB6 is just as dangerous as SB7. For example, the latest defensive maneuver by Dan Patrick and now Speaker Dade Phelan is to claim that the critics of these bills just haven’t read them, and to double-dog-dare them to point out any restictionist provisions they allegedly contain. Well, challenge accepted:

I presume she’ll follow with a thread for HB6, but give her a little time. Also, as a historical note, Jamelle Bouie reminds us that the Jim Crow laws of the old South never actually said they were intended to keep Black Americans from voting. They were just restrictions on voting that technically affected everyone but which the lawmakers knew and intended would have a much greater effect on Black voters (and which they could ensure via enforcement). Ignorance of history (real or feigned) is no excuse for trying to repeat it.

The real danger in these bills has to do with their elevating poll watchers into some kind of protected group. Why is that a problem? Because poll watchers are unvetted partisans, and in Texas their main role is making voters of color feel harassed:

What could possibly go wrong? This video has already generated some national coverage. One hopes that’s just the beginning.

Finally, while HB6 and SB7 are the big headliner voter-suppression bills, there are a lot of smaller, more targeted voter-suppression bills to watch out for as well:

So now you know. The Texas Signal and Popular Information, which goes deep on Dan Patrick, have more.

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.

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.

A bit of business pushback against voter suppression

It’s a start, but much more is needed.

A group of 72 Black business leaders are calling on companies to publicly oppose a series of bills being advanced by Republicans in at least 43 states that could dramatically curb access to the ballot box.

The New York Times reported on Wednesday that Black corporate executives are rallying around a letter that pushes back on a Georgia law that voting rights advocates have said will make it harder for Black people to vote.

“There is no middle ground here,” Kenneth Chenault, a former chief executive of American Express and one of the letter’s organizers told the Times. “You either are for more people voting, or you want to suppress the vote.”

The letter — which urges corporate America to publicly oppose new laws that would restrict the rights of voters — comes after major Atlanta-based corporations, including Coca-Cola and Home Depot, failed to formally condemn the bills restricting voting rights.

The letter’s powerhouse group of signers include Roger Ferguson Jr., CEO of TIAA; Mellody Hobson and John Rogers Jr., the co-chief executives of Ariel Investments; Robert Smith, CEO of Vista Equity Partners; and Raymond McGuire, a former Citigroup executive who is running for New York City Mayor.

Also among the letter’s long list of supporters were Richard Parsons, a former chairman of Citigroup and chief executive of Time Warner, and Tony West, the chief legal officer at Uber.

[…]

While voting rights and advocacy groups, including the ACLU and NAACP, have filed a series of lawsuits against the bill in the wake of its passage, a majority of corporations have remained largely mum on the legislation.

Delta Air Lines CEO came forward and issued a memo on Wednesday calling the final bill “unacceptable,” suggesting that it hinged on the premise of former President Donald Trump’s false claims about a stolen election.

The group of executives stopped short of calling out specific companies for their inaction, but are asking big corporations to dedicate resources to  fighting voting rights restrictions.

The executives are hoping that big companies will help short circuit dozens of similar bills in other states from being signed into law.

Like Texas, for example. Former Harris County Clerk Chris Hollins has sounded the alarm and called for the business community to get involved as well. I unfortunately think it’s already too late – remember, when there was a lot of business resistance to the bathroom bill in 2017 (which the likes of Dan Patrick viewed with contempt), it was underway well before the session began. We’re already pretty far into the process, and there hasn’t been a peep in Texas as yet, other than some progressive groups taking out ads urging businesses to get involved, which is still a couple of steps away from meaningful action. Things are starting to move in Georgia, but of course that’s after their heinous bill has been signed into law. Sometimes it just takes that much longer for the forces that oppose evil to get its act together. It’s still worth the effort, but time is fast running out.

How bad will the attack on voting be this session?

Hard to say, but there’s no reason to be particularly optimistic.

As the country’s political polarization reaches a boiling point — illustrated vividly Wednesday by the violent takeover of the U.S. Capitol by supporters of the president who believed his false claims that the election was stolen — Texas Republicans are seeking to make some of the nation’s strictest voting laws even stricter.

They say the unrest sparked by the events Wednesday is likely to invigorate discussions over the matter in the state Legislature, where the 2021 session will begin Tuesday.

Several election-related bills have been filed by lawmakers on both sides of the aisle — though their aims are in direct opposition, with Democrats looking to ease up laws they see as suppressing the vote and Republicans trying to curb the opportunities for the fraud they say plagued the 2020 election.

Democrats have filed about two-thirds of the election-related bills, with the other third coming from Republicans.

“If this week has highlighted anything, it’s that we need to protect and encourage democracy and that it’s fragile,” said Rep. John Bucy III, an Austin Democrat who sits on the House Elections Committee. “And so these types of bills are worth the investment.”

Election integrity was voted one of the Texas GOP’s top eight legislative priorities in 2020 by its members. Republican bills include measures to tighten mail voting restrictions and stop governors from changing election laws during disasters, two concerns that President Donald Trump raised in his election challenges.

[…]

State Sen. Paul Bettencourt, R-Houston, filed legislation that would codify a Texas Supreme Court decision that blocked Harris County from sending mail ballot applications to every registered voter in the county ahead of the November election. Texas is one of 16 states that require voters to have an excuse to vote by mail.

Bettencourt said Harris County’s move to mail the applications “would have certainly caused more voter confusion” because most recipients would not have been eligible for an absentee ballot. The state Supreme Court ruled last year that voters’ lack of immunity to the coronavirus alone does not qualify as a disability that makes them eligible to vote by mail, but could be one of several factors a voter may consider.

Other bills filed by Republican lawmakers aim to correct the voter rolls, such as one filed by newly elected Sen. Drew Springer that would require voter registrars to do various checks for changes in address on an annual basis.

Springer said the bill was inspired by an Ohio law that the U.S. Supreme Court in 2018 upheld that allows the state to purge voters from the registration rolls if they do not return a mailed address confirmation form or don’t vote for two federal election cycles. The Texas bill would require registrars to use data from the U.S. Postal Service and property records for inactive voters to identify possible changes of address, then to send the notice requesting confirmation of their current residence.

The Bettencourt bill, as described, doesn’t concern me much. Even in 2020, and even with all of the COVID-driven changes to election procedures, not that many people voted by mail, and the vast majority of those who did were over 65. Those folks will get their vote by mail applications one way or another. Unless there’s more to this, this bill is all show.

The Springer bill is potentially more concerning, but the devil will be in the details. I continue to have hope for a revamped federal law that will do a lot to protect voting rights that will blunt the effect of efforts like these, but it’s very much early days and there’s no guarantees of anything yet.

I did not excerpt a section of the story in which Rep. Steve Toth will propose a constitutional amendment that would require a special session of the Legislature in order to renew a state of disaster or emergency declaration past 30 days. It’s presented as a voting rights-adjacent measure, prompted in part by Greg Abbott’s extension of the early voting period, but as we discussed many times last year, there’s a lot of merit in asserting the role of the Legislature in these matters. I don’t trust Steve Toth any more than I trust Steven Hotze, but on its face this idea is worth discussing. It also would require a substantial number of Dems to support it, so there’s room for it to be a positive force. We’ll see.

There are bills put forth by Dems for obvious things like online voter registration, same day registration, no excuses absentee balloting, and so forth, all of which have little to no chance of being adopted. I’ve said before that I think people like voting to be easy and convenient for themselves and that Democrats should campaign on that (among other things), so I’m delighted to see these bills. I just know they’re not happening this session.

Beyond that, I’m sure there will be worse bills filed than what we’ve seen here. I won’t be surprised if there’s a push to amend the voter ID law to include absentee ballots, now that those are no longer seen as Republican assets. I’m sure there will be a bill officially limiting mail ballot dropoff locations, and maybe one to limit early voting hours. For sure, there’s a significant contingent of Republicans that would like to make voting extra super inconvenient for everyone, as well as make the penalties for whatever minor offense Ken Paxton can find to charge someone with as harsh as possible:

Laugh at the lunacy that is Allen West all you like, the man is in a position of influence. Note also the attack on drive-through voting, which is another likely target even without this hysteria. I don’t know how far the Republicans will go, but they’ll do something. We can do what we can to stop them, and after that it’s all about winning more elections. It’s not going to get any easier.

I remain pessimistic about the chances of good voting bills passing

This Trib story suggests that with Republicans doing well in the high turnout 2020 election, and with the emergency measures that were implemented to expand voting access, the odds of getting a bill passed to make some forms of voting easier are as good as they’ve ever been.

Lawmakers and voting rights groups have been fighting over updates to Texas’ election systems for years, but issues heightened by the coronavirus pandemic have launched a new conversation over voter access.

This January, primarily Democratic lawmakers heading into the next legislative session are honing in on problems like backlogs in processing voter registrations, an unprecedented flood of mail-in ballots and applications that overwhelmed some elections offices, and a lack of viable alternatives to voting in person.

Outnumbered by GOP members in both chambers, Texas Democrats have seen their efforts to expand voter accessibility thwarted at virtually every turn for years.

But the pandemic-era challenges combined with strong Republican performance at the polls — which may have been boosted by record-breaking voter turnout across the state — has some lawmakers and political operatives believing there’s potential for conservatives to warm up to voting legislation that could improve accessibility.

A main reason is that voters of all political camps experienced some of these new ideas when they were introduced during the pandemic — things like drive-thru voting pilot programs, multiple ballot drop-off sites, turning in mail ballots during early voting and extended early voting — or realized that others, like online registration, would have made voting in the pandemic easier.

“My guess is [lawmakers are] going to hear from their Republican voters that they like to do this, and there will start to be Republicans championing these things, and they’re championing them from a majority point of view,” said Trey Grayson, a former Republican Kentucky secretary of state who was previously director of the Institute of Politics at Harvard University. “I would be shocked in five years if Texas didn’t have more of these reforms in place.”

Quinn Carollo Jr. is one of those Republican voters who said he applauded efforts in Texas to make it easier to vote. He was thrilled by Texas’ lengthy early voting period — which had been expanded from two weeks to three weeks because of the pandemic. He moved in recent years from Alabama, which doesn’t have early voting.

“There was plenty of opportunity to get by there and vote without dealing with a lot of lines on Election Day,” said Carollo, a 49-year-old transportation manager for a chemical company in Houston. “So I really enjoyed that. I’m all for it.”

Carollo said he’d like to see the longer voting period become a permanent part of Texas law, along with other reforms that might make voting easier and more accessible.

[…]

Bills already filed include legislation that would allow for online voter registration for those with driver’s licenses or state IDs, on-site voter registration at the polls during early voting and on election day, making election days state holidays, universal mail-in balloting, easing voter ID restrictions and allowing felony probationers and parolees to vote.

The idea of moving registration online is worth considering, given that some 41 other states have already implemented it, said Justin Till, chief of staff and general counsel for Republican state Rep. Greg Bonnen, R-Friendswood, who sponsored the 2019 bill that eliminated mobile polling sites and who has filed election fraud legislation to be considered this session.

“I don’t think it would be a problem if we were to transition. I know a lot of people are still hung up on the IT security part of it, which I get.” Till said. “So long as it’s a sound system, it will work fine and the other states that have implemented it thoughtfully have done so successfully.”

Till said Bonnen’s office would consider measures that could ease or expand access during early voting and eliminate long travel and wait times, such as extending the early voting period to three weeks and allowing counties to keep polling sites open beyond the state required minimum.

“If you can achieve that satisfaction point where everyone gets an opportunity to vote as quickly and as easily as they can, then you’re good,” Till said.

Voting rights advocates say that the experiences of millions of new voters in Texas this year could translate into election changes that are driven by the voters, not politics.

“I think a lot of people that had not been affected by some of the problems in our election systems were affected this time,” said Joaquin Gonzalez, staff attorney for the Texas Civil Rights Project. “So there are probably a lot more legislators who are hearing about it more from all walks of the aisle.”

A new “driving force” behind some legislation will be pressure to address or retain some voting initiatives that were born out of the pandemic, said Derek Ryan, a Republican consultant and voter data analyst in Austin.

These could include increased access to curbside voting, extended early voting periods and expanding countywide voting and online voter registration — the latter of which Ryan said was hit or miss with Republicans and “one of those issues that kind of splits the party.”

Among those that are anticipated but haven’t been filed yet are bills dealing with drive-thru voting, allowing 24-hour polling sites and making permanent a pandemic-era order by GOP Gov. Greg Abbott extending the early voting period to three weeks — all of them ideas that first appeared in some counties during the pandemic, several activists and lawmakers said.

”I think that after any election, we figure out that there are better ways to do things, and so there’s always some election legislation that kind of tries to clean up some of the process, but I think you’re probably going to see that even more so because of the pandemic,” Ryan said.

Maybe, but I’m going to see some hard evidence of this before I buy into the idea. The one place where maybe I can see something happening is with online voter registration, mostly because Republicans made a show of trying to register new voters this cycle, and running into the same problems everyone else who has ever tried to do this has run into, and that was even before the pandemic hit. The fact that there’s a staffer for a Republican legislator talking about it is of interest. I’m willing to believe something may happen here. As for everything else, my counterarguments are as follows:

1. The first bill out of the gate is a bill to restrict county election administrators from sending vote by mail applications to eligible voters, for no particular reason other than Paul Bettencourt’s sniffy disapproval of Chris Hollins doing it. It’s not an auspicious start, is what I’m saying.

2. While Greg Abbott did extend the early voting period and did allow for mail ballots to be dropped off during the early voting period (before then cracking down on where they could be dropped off), all of the prominent innovations like drive-through voting and 24-hour voting and multiple drop boxes were pioneered by local election administrators, most of whom were Democrats, with Chris Hollins in Harris County and Justin Rodriguez in Bexar County being among the leaders. I’d feel like this would be more likely if Abbott and the Lege were ratifying Republican ideas, rather than giving their stamp of approval to Democratic inventions. I admit that’s attributing a level of pettiness to Abbott and the Republicans in the Lege, but if we’re talking about the process being driven by feedback from the voters, I’ll remind you that the chair of the state GOP, several county GOP chairs, activists like Steven Hotze, and more were the plaintiffs in lawsuits that targeted not only the Hollins/Rodriguez-type innovations, but also Abbott orders like the third week of early voting. Plus, you know, the extreme animus that Donald Trump fed into Republican voters about mail ballots and other vote-expanding initiatives. What I’m saying is that while some Republican voters undoubtedly liked these new innovations and would approve of them becoming permanent, the loudest voices over there are dead set against them. We’d be idiots to underestimate that.

3. All of which is a longwinded way of saying, wake me up when Dan Patrick gets on board with any of this. Nothing is going to happen unless he approves of it.

4. Or to put it another way, even if these innovations help Republicans, even if everyone can now say that expanding turnout is just as good for Republicans as it is for Democrats, it’s still the case that making it harder to vote is in the Republican DNA; I’m sure someone will post that decades-old Paul Weyrich quote in the comments, to illustrate. I don’t believe that the experience of one election is going to change all these years of messaging.

5. To put that another way, Republicans might be all right with things that make it easier for them to vote, as long as they don’t make it easier for Democrats to vote. They’re absolutely fine with things that make it harder for Democrats to vote – and by “Democrats” I mostly mean Black voters, as far as they’re concerned – and if those things also make it harder for some of their people to vote, it’s an acceptable price to pay. Making it easier to vote, as a principle, is not who and what they are. I’ll be happy to be proven wrong, but until then I’ll be taking the under.

What might the Lege do to make voting easier, or harder?

I confess, I didn’t read most of this story about the various problems some people had in voting, and the various theories as to what was happening during voting, mostly because it contained way too many quotes from Jared Woodfill. I’m going to focus on one piece of this, and then jump to the question I posed in the title.

Still the only voter ID anyone should need

In Texas, which was recently ranked 50th in the nation by the Election Law Journal for ease of voting, the stories of disenfranchisement in this election are plentiful, because the hurdles state lawmakers have erected to registering and voting create many chances for the system to fail.

The state GOP leadership has steadfastly resisted modernizing voter registration, including blocking attempts at online registration. Voter ID laws, limits on qualifications for absentee ballots and rigidity in the mechanics of balloting all weed out untold numbers of voters along the way.

“These things will feed into the ability of someone to either participate easily and conveniently and effectively, or for someone to encounter barrier after barrier after barrier and at some point throw up their hands in disgust and quit trying,” said Tammy Patrick, senior adviser to the elections team at the Democracy Fund in Washington, D.C.

It certainly was difficult for East Texas resident Serena Ivie, who had to reeducate herself on the registration process after sitting out elections for 20 years.

Ivie wanted to vote for President Donald Trump because she worried about the direction of the country if he left office. She sent in her voter registration application in early September, she said.

She figured out too late that her registration was never activated, and she still has not gotten an explanation, she said.

Ivie, 49, is angry that the state hasn’t created easy, online registration since the last time she voted.

“I was disappointed that I’d let myself down, and I really felt that I screwed up,” Ivie said. “It’s a huge letdown, and I, in turn, feel like I am letting my country down.”

There really is no good reason why our voter registration process is so antiquated. There is a good reason why the law that controls how voter registration may be done has not been updated in forever, and that’s because the Republicans have opposed it, as we have covered here numerous times. Not all Republicans, to be sure – the bill cited in that post had numerous Republican co-sponsors, but never got a hearing in committee. The difference now is that Republicans have been actively registering voters these days, and as they discovered, it’s harder than it needs to be. There is also now a very limited form of online voter registration available, thanks to a federal lawsuit. These two factors may finally allow for our voter registration laws to be dragged into the 21st century. I wouldn’t bet on it until someone like Greg Abbott announces support for it, but the possibility exists.

Unfortunately, that’s probably about where the potential good news ends. There’s a zero percent chance that any expansion will be made to voting by mail – I’d be more worried about some bills that will attempt to make it harder, or perhaps to define “disability” in a way that would explicitly exclude pandemic-related risk factors. Along the same lines, I expect there to be bills that codify limiting ballot dropoff locations to one per county, and to limit if not outlaw drive-through voting that isn’t part of the already-allowed curbside voting for people with (perhaps more strictly defined) disabilities. Finally, as part of the larger conversation about the role and power of the Governor and the Legislature during a disaster, there may be legislation that codifies the Governor’s ability to do things like extend early voting hours as part of a disaster response. A bill like that doesn’t have to be bad, but it would be easier to make it bad than to make it good.

As far as I’m concerned, the best case scenario here is keeping trash like that from getting passed. Maybe the new Speaker will put his thumb on the scale in a good way, or maybe Republican legislators will have heard from enough voters that they liked the longer early voting period and/or drive-through voting to mess with it, or maybe they’ll just be too damn busy with all of the other business they’ll have to deal with to have time for this. I’m just saying be prepared for some nonsense here. It’s coming, and we need to be ready for it.

UPDATE: Bill pre-filing is now open, and there are numerous election-related bills already, including one that would “prohibit state officers and employees from distributing applications for early voting ballots”. I’m sure you can guess what motivated that. Remember that zillions of bills get filed but only a handful make it through, so don’t draw conclusions from any of this just yet.

A few thoughts about Election 2020 before Tuesday

Just a brain dump, to get this all out there before we find out what happened. Let’s start with this:

After the conclusion of three weeks of early voting, 9.7 million Texans have cast ballots, crushing previous early voting totals in the state and setting Texas on a course for record turnout in this Tuesday’s general election.

At least 9,709,376 voters cast early ballots, according to preliminary final numbers released by the Texas Secretary of State and the counties on Saturday morning. That is 57.3% percent of registered voters, just shy of the overall turnout of 59.4% in 2016 by 2 percentage points.

Of those early votes, 8,738,363 were cast in person; 971,013 were cast by mail.

Early voting, which Gov. Abbott extended by six days this year because of the coronavirus pandemic, has already eclipsed total votes during the 2016 general election, when 8,969,226 Texans voted.

Texas has added 1.8 million registered voters since the 2016 election. Texas has not surpassed 60% turnout of registered voters since the early 1990s.

Harris County, Texas’s most populous county, leads the state with 1.4 million votes cast. Among large counties, Collin County outside of Dallas has the highest early voting turnout with 69%.

As we have discussed before, high turnout is generally more favorable to Democrats, but not universally, and there’s been plenty of activity in heavily Republican counties:

Comal County is like Montgomery County’s little brother, and Guadalupe is pretty Republican, too. That said, it’s important to keep in mind the distinctions between “percentages”, especially when we are talking about increases, and absolute numbers. Comal County cast 62K ballots total in 2016; I don’t know what their early voting numbers were in 2016, but a 26% increase over their final turnout would be close to 80K votes. Harris County has had a *net increase* of over 80K votes so far, with Election Day still to come. A 26% increase in total final turnout in Harris County would mean about 1.67 million total voters, or an increase of about 350K from 2016, and at this point that’s the low end. In short, Harris County is big. Always keep that in mind.

If you go back to the Derek Ryan report from Thursday, when “just” nine million people had voted, the electorate at that point was 52.1% female, and 43.4% male. (Not all people specify their gender on their voter registration.) Assuming that hasn’t radically changed as of Friday, that means that something like 800K more women than men have voted in Texas. (In Harris County, the gender ratio was 55.3 to 44.3, a gap of a bit more than 150K.) Given the greater preference for Joe Biden among women, that could be a factor in how this election turns out.

Now let’s talk about how easy, or not-easy, it was to vote in Texas this year. There’s a lot, but I’ll try to be concise. Let’s start with this:

Maybe bullet points will help.

– I agree – and have said on this blog – that the actual impact of the “one dropoff location” order and rulings is minimal. Hell, I didn’t even know that dropping off mail ballots was a thing you could do until this year. I think it’s fair to say that the number of people who have used this option in the past can be counted on your fingers. I don’t know how many people would have used it this election, but even if we’re talking five figures, it’s on the order of five percent of total turnout. People had plenty of other options available to them, including the Reliant Arena dropoff location (which is in many ways more accessible than the Clerk’s office downtown), the US mail, and voting in person. I have a hard time believing anyone was truly disenfranchised by this.

– But all of that is beside the point. The multiple dropoff locations, all at official County Clerk offices, was consistent with the letter and intent of the law, and the amended order to limit them to one, which came more than two months after Harris County announced its dropoff plan, was an obvious partisan exercise that had no basis or reason other than to make voting less convenient, and to slap down an innovative Democratic County Clerk in a heavily Democratic county. On every level, this was a screw-you to Chris Hollins and Harris County.

– Yet even there, we must acknowledge that Greg Abbott did in fact expand access to voting. That third week of early voting was huge – I’m sure that Allen West and the seething hordes of the Republican base are super pissed about that. Plus, the fact that mail ballots could be dropped off during early voting at all was the result of Abbott’s executive order, the same one that allowed for the extra week of early voting. State law as written only allows mail ballots to be dropped off on Election Day. Abbott expanded that. He weaseled out later on, but he was weaseling on himself

– So one might claim, as John Cornyn did on Twitter, that it can’t be all that hard to vote in Texas, because so many people are doing it this year. But once you get past Abbott’s original executive order – which, you may recall, the State GOP and Harris County GOP, among others, tried to kill via the courts – it was local officials, with Harris County Clerk Chris Hollins as the exemplar, backed by $31 million from the Democratic majority on Commissioners Court – that did all the work to make it easier. And again, Republicans from Greg Abbott and Ken Paxton down to dregs like Steven Hotze and Jared Woodfill, fought them every step of the way.

– Finally, we have to acknowledge that whatever was done to make voting easier this year, we started from a baseline of voting not being easy, in so many ways. One big reason why the effect of the “one mail ballot dropoff location per county” ruling was minimal is precisely because access to mail ballots is so limited, and we saw that play its way out in the courts. If counties had to spend large amounts of money setting up early voting locations, it’s in part because the Legislature took away the option of temporary voting locations in the 2019 session, not to mention the removal of straight-ticket voting, which meant it would take longer for people to vote and might lead to longer lines at voting locations. We haven’t even talked about Texas’ notoriously strict voter ID law, or its refusal to allow online voter registration or same-day voter registration, or its recent efforts to purge voter rolls, or the problems of how hard it is for people with disabilities to vote, and on and on and on. If we have heroic levels of turnout this year, it’s in spite of all these obstacles.

– So my bottom line is that while turnout this year has been truly remarkable, and I hope that the results will be equally remarkable, none of this should obscure the fact that we have a lot of room to improve. And the only way that will happen is if we win enough election to make the systemic changes we need.

Hope that wasn’t too long. I’m out of thoughts for now. Go vote if you haven’t already.

SCOTX upholds Abbott’s limit on mail ballot dropoff locations

I’m shocked, I tell you, shocked.

In what’s expected to be the final ruling on the matter, the Texas Supreme Court has upheld Gov. Greg Abbott’s order limiting Texas counties to only one drop-off location for voters to hand deliver their absentee ballots during the pandemic.

The ruling, issued Tuesday by the all-Republican court, is the final outcome in one of a handful of lawsuits in state and federal courts that challenged Abbott’s order from early this month. A federal appeals court also sided with the Republican governor in an earlier ruling, overturning a lower court’s decision.

The state lawsuit argued that the governor doesn’t have authority under state law to limit absentee ballot hand-delivery locations, and that his order violates voters’ equal protection rights under the state constitution. The suit was filed in Travis County by a Texas-based Anti-Defamation League, a voting rights advocacy group and a voter.

In their opinion, the justices wrote that Abbott’s order “provides Texas voters more ways to vote in the November 3 election than does the Election Code. It does not disenfranchise anyone.”

See here for the previous update. In a narrow and technical sense, the Supreme Court is correct. Abbott did in fact expand voting options with his original order, which not only added that extra week to early voting but also allowed for mail ballots to be dropped off during the early voting period. State law only allows for that on Election Day, one of many problems that will need a legislative fix in the near future. But we all know that the purpose of his amended order, more than two months after Harris County Clerk Chris Hollins had announced his plan to have dropoff locations at all 12 County Clerk offices, and several days after people began using those locations, was to issue a rebuke to Hollins for having the nerve to innovate like that, and to throw a bone to the howling nihilists in his own party that were attacking him for taking any step to make voting easier. The limit served no legitimate purpose, and was done in haste and with politics in mind. It is what it is at this point, and as with every other ad hoc obstacle thrown in our path, the voters have adjusted. We’ll be coming for you soon, Greg. The Chron has more.

Not everyone will be sending in their mail ballot

I get this.

Samina Mirza had read enough in the news about U.S. Postal Service delays that she decided there was no way she’d trust the mail to deliver her ballot to Harris County election officials on time.

The 70-year-old retired nonprofit staffer had originally planned to drop off her ballot at a location near her home in Katy, until Gov. Greg Abbott issued a proclamation limiting counties to just one drop-off site.

“I wasn’t going to drive 25 miles to downtown Houston to use the dropbox because the nearest one was taken away, so I said ‘OK that’s fine, I’ll take a chance and just vote in person,’” said Mirza, who voted for Democrat Joe Biden for president.

Mirza is one of about 32,000 voters in Harris County and almost 9,600 in Bexar County who had received a mail-in ballot but chose to instead vote in person as of Wednesday — and there’s still a week and a half left of early voting to go. That’s about 13 percent and 9 percent of all voters who received mail ballots in each county, respectively.

About 759,000 Harris County residents had voted early in person by Wednesday and about 115,000 had done so by mail. In Bexar County, about 326,000 had voted in person and about 70,000 by mail.

“Since there are more people voting by mail in general, it does make sense that some people might change their mind for whatever reason and decide to vote in person,” said Roxanne Werner, Harris County spokeswoman. “Some people may have applied months ago, and with news about USPS and general situations changing, they may have decided to vote in person.”

[…]

Some who switched to in-person voting, like Mirza, cited concerns about the reliability of the mail. Others said they felt attached to their habit of in-person voting. Others still felt more reassured about the safety of the polling places with the longer early voting period, and after observing early voting procedures adapted for the pandemic.

The bottom line for all of the voters, though, was that in a high-stakes election that’s drawing record numbers of Texans to the polls, they didn’t want to take a chance that their vote would not count.

Still, it’s putting an extra burden on poll workers who are already stretched thin handling high turnout and trying to manage wait times that increase potential exposure to the virus.

Well, yes. That was one of the reasons why election administrators were encouraging people to vote by mail in the first place. Not that any of our fake fraud-obsessed Republican leaders cared. Had Harris and other counties been allowed to have more than one mail ballot dropoff location, that would have also worked. But as someone once said, it is what it is. At least these folks will still be voting – as we have observed, the harder the Republicans have made it to vote, the more determined everyone seems to be. Shouldn’t have to be this way, and someday we will make it better, but for now this is where we are.

If you received a mail ballot – not just an application, but an actual mail ballot – you must bring it with you and turn it in if you decide to vote in person. Your vote will be provisional otherwise. No big deal, people do this, just bring it with you. Or fill it out and mail it in (quickly!) or drop it off. Just make sure you vote.

SCOTX reinstates Abbott’s mail ballot dropoff location limit

They can move fast when they want to, that’s for sure.

Gov. Greg Abbott’s controversial order to limit Texas counties to one mail-ballot drop-off site was allowed to remain in effect Saturday by the Texas Supreme Court.

The court blocked a previous appellate court ruling that had briefly struck down Abbott’s order, which was widely decried by voting rights groups as a voter-suppression tactic. The lawsuit to overturn Abbott’s order is still pending.

In Harris County, more than 1 million voters have cast ballots during early voting, shattering previous records. Multiple drop-off sites had been set up for voters until Abbott issued his order, which he said would “stop attempts at illegal voting.”

State District Judge Tim Sulak had previously ruled that Abbott’s order would “needlessly and unreasonably increase risks of exposure to COVID-19 infections” and undermine the constitutionally protected rights of residents to vote, “as a consequence of increased travel and delays, among other things.”

Less than 24 hours after the Third Court of Appeals reinstated the district court ruling that had halted Abbott’s order. Clearly, SCOTX does not have a “we close at 5” mentality. It should be noted that this is not the end of the line. From the Statesman:

Acting soon after receiving an emergency appeal on Gov. Greg Abbott’s behalf, the Texas Supreme Court issued an order Saturday that temporarily barred counties from opening more than one drop-off site for mail-in ballots.

The court order keeps in place Abbott’s 3½-week-old proclamation that barred multiple drop-off locations that had opened in several counties, including Travis County, until the Supreme Court can determine the legality of Abbott’s limit.

With an eye on the fast-approaching Nov. 3 election, the court also set tight deadlines, requiring legal briefs in the case to be filed before 5 p.m. Monday.

A ruling could come as soon as Monday night, though the Supreme Court gave no indication when it might act.

In theory, SCOTX could issue a ruling on the appeal on Tuesday or Wednesday, and we could get a few days of having multiple dropoff locations if the lower court order is upheld. Not great, but better than nothing. I think the odds of that happening are pretty slim, but it’s possible, and this is the best case scenario. At least you know what to hope for.

In practical terms, this means very little at this point. Very few people had ever used mail ballot dropoffs before. Existing law only allows for them to be used on Election Day – Abbott’s executive order extended that to all of early voting, which is an improvement even if his subsequent order limits it to a significant degree. Voting by mail is limited to begin with, and the vast majority of that small universe mailed their ballots in. Allowing people to drop them off at one of twelve locations instead of just one was an innovation, one of many that County Clerk Chris Hollins pioneered, and it was a welcome one in this year of COVID chaos, but losing it is more of an inconvenience than an impediment.

All that said, there is zero justification for Abbott’s order. People who wanted to drop off their mail ballots still had to go to an official County Clerk location, hand their ballot to an election judge, and show ID to have their ballot accepted. Fears of “fraud” and professions of “protecting election integrity” are empty shibboleths, the “thoughts and prayers” of vote suppression. Abbott imposed this limit as a sop to the extremists in his party who were already mad at him for adding an extra week to early voting. Hollins’ innovation made voting easier and more convenient. Abbott’s order made it harder and less convenient. That’s all there is to it.

I’ve said this before, but I firmly believe that a large majority of people like easier and more convenient voting, and support efforts to make it happen. There are lots of things the Democrats should un on in 2022. To me, this needs to be one of the big criticisms of Abbott – and Dan Patrick, and Ken Paxton, and every single member of the Supreme Court – in that election. Being on the side of “easier and more convenient” is the side to be on.

Abbott’s order limiting mail ballot dropoff sites blocked again

But that’s not the end of the story, so hang on.

A Texas appellate court on Friday stepped in to block Gov. Greg Abbott’s order limiting counties to just one mail-ballot dropoff site, but Harris County officials said they will wait until the case is resolved before reopening any additional sites.

A three-judge panel of the Third Court of Appeals in Austin ruled that there was “no reversible error” in a lower court’s ruling that put a hold on Abbott’s Oct. 1 order.

The Attorney General’s office said Friday that it planned to immediately appeal to the Texas Supreme Court.

The Republican governor had taken aim at Harris, Travis, Fort Bend and Dallas counties — all of which had either opened multiple dropoff sites or planned to do so in an effort to make mail-in voting more convenient and safer during the pandemic.

Abbott’s order, which triggered the back-and-forth legal battles, meant Harris County had to shut down 11 additional dropoff sites, adding to crowds at the main site at NRG Arena, just southwest of downtown Houston.

The appellate panel consisted of Republican Justice Melissa Goodwin and Democratic Justices Chari Kelly and Edward Smith; the latter two were elected in 2018 as part of a wave of 19 Democratic judicial wins that flipped the four major state appeals courts.

“We’re gratified that a bipartisan panel of the Third Court of Appeals agrees that Texans should have the right to return their absentee ballots easily and safely,” said Mark Toubin, regional director for the Anti Defamation-League Southwest, one of the groups that brought the suit.

See here for the background. Statesman reporter Chuck Lindell had tweeted yesterday morning that all the briefs had been filed, and a ruling was expected. Here’s more from his story.

The unsigned opinion by three justices on the 3rd Court — Democrats Chari Kelly and Edward Smith and Republican Melissa Goodwin — did not weigh the legality or constitutionality of Abbott’s order.

Instead, the panel determined that Sulak’s injunction should not be struck down because the judge did not abuse his discretion by issuing it.

“The trial court could have credited the evidence that decreasing the number of return locations leading up to election day would significantly increase congestion and wait times … which in turn would increase the risk of the voters utilizing this method of contracting COVID-19,” the panel said.

Friday afternoon, Paxton’s office told the all-Republican Texas Supreme Court to expect an appeal to be filed over the weekend.

You can see the opinion here. This is a nice ruling, and a bipartisan one, but as of today it means little because Harris County will not open any other dropoff locations until and unless the Supreme Court upholds the injunction. In practical terms, if this takes another week, it won’t mean much regardless. But maybe we’ll get a quicker ruling than that, you never know. The Trib has more.

How hard it is to vote is a policy choice

Harris County tried to make it easier. The state GOP, various other Republican contingents, Greg Abbott, Ken Paxton, and others fought that choice every step of the way.

Much of the Democrats’ dream of turning Texas blue is pinned on ramping up turnout in Houston and other Texas cities where voters, many of whom are people of color, trend heavily their way.

In a bitterly contested election, overlaid with the fears and risks of an uncontrolled pandemic, Harris County has become a case study in raw politics and partisan efforts to manipulate voter turnout. Republican leaders and activists have furiously worked the levers of power, churning out lawsuits, unsubstantiated specters of voter fraud and official state orders in their bid to limit voters’ options during the pandemic.

Their power hemmed in by state officials, Houston Democrats have launched a robust effort to make voting as easy as possible, tripling the number of early and Election Day polling locations and increasing the county’s election budget from $4 million in 2016 to $33 million this fall. They reject GOP claims that making voting easier carries inherent risks of widespread voter fraud.

The battle lines were acknowledged in one of the many lawsuits Republican leaders and activists filed in the past few months attempting to rein in Harris County’s efforts to expand voting access.

“As Texas goes, so too will the rest of the country. As Harris County goes, so too will Texas,” the GOP lawsuit read. “If President Trump loses Texas, it would be difficult, if not impossible, for him to be reelected.”

Local political observers agree the writing is on the wall: Most of Houston’s residents are people of color, its local leaders are Democrats, and it is the fastest-growing county in the state, according to recent census data.

“This county looks like what Texas is going to look like in 10 years, and they know that if Harris County can become solidly entrenched in the Democratic Party, it’s just going to disperse from there,” said Melanye Price, endowed professor of political science at Prairie View A&M University and a Harris County voter. “I think in some ways they’re going to have more of an influence, and the governor knows that, and the attorney general knows that, and that is why they’ve decided to hobble them at every turn.”

It’s no coincidence, Harris County Clerk Chris Hollins said, that GOP efforts to tightly enforce Texas voting laws — among the nation’s most restrictive — target an important Democratic stronghold and one of the country’s most diverse cities.

“If you look at [election results] for Harris County, you see a very clear trend,” Hollins said. “If I were in the business of trying to suppress Democratic votes, I know where I would target.”

The piece will be largely familiar to anyone who has been following along, but go read the rest for a review. Again, I want to emphasize, Harris County – by which I mean Judge Hidalgo and Commissioners Ellis and Garcia and County Clerk Hollins – made a choice to invest the time and money to make it easier to vote. They did things that I think were revelations to all of us, who have been so used to the old ways for so long. “Wait a minute, we can have a lot more early voting locations? And more voting by mail, with options to drop off ballots instead of waiting on and worrying about the postal service (but we can also track our ballot if we do mail it), and with drive-through service? Who even knew any of this was possible?” Just spend a few minutes on Twitter or Facebook and see the many selfies and videos people have posted with their enthusiastic reaction to all this.

And then remember that every step of the way, Republicans of all stripes have tried to stop any of this from happening. From the two Republican Commissioners voting against that money that was budgeted for the election, to the Governor (who, to be fair, did extend the early voting period, and did extend the period during which mail ballots could be dropped off to all of early voting, even if he did later limit it all to one location) and the Attorney General and the Steven Hotze/Allen West minions filing lawsuit after lawsuit, every single innovation was opposed with a barrage of lies about “vote fraud” and not much else. Thanks to a batch of sympathetic Republican judges, though, they have been quite successful at it.

I’ve made this point before, but this is a long-term loser for the Republicans. People like ease and convenience. They want new ways to do things that take less time and require less effort. The Democrats, in Harris County and elsewhere, want to give it to them. The Republicans want to take it away or make sure they never get it in the first place. What side of that argument do you want to be on in the next election, or even before that in the next legislative session? Texas is a lousy state in which to vote, with obstacles everywhere you look. That’s a policy choice, enabled by the Republicans who run the state. The only way to change that is to change who runs the state. Look at Harris County’s vision for how voting could and should be, and then look at what the Republicans have done about it. What happens when the voters want something to be done about this?

State judge halts Abbott’s mail ballot dropoff limit order

Remember there was a state lawsuit over the executive order that limited counties to one mail ballot dropoff location? That suit had a hearing this week, and the plaintiffs prevailed. For now, at least.

A Travis County state district judge on Thursday ordered a halt to Gov. Greg Abbott’s directive limiting Texas counties to one drop-off location for hand delivery of absentee ballots. The ruling is the latest turn in a handful of lawsuits in state and federal courts challenging Abbott’s Oct. 1 order, which shut down multiple ballot drop-off locations in Harris and Travis counties..

On Monday, a federal appeals court upheld the Republican governor’s order under federal law, overturning a lower court’s ruling. The Travis County decision, however, applies to potential violations of state law.

A Texas-based Anti-Defamation League, voting rights advocacy group and a voter filed the lawsuit in Travis County district court last week arguing that the governor doesn’t have authority under state law to limit absentee ballot delivery locations. The lawsuit also claimed Abbott’s order violates voters’ equal protection rights under the state constitution.

In a short order Thursday, Travis County District Judge Tim Sulak ruled against Abbott and the Texas secretary of state.

“The limitation to a single drop-off location for mail ballots would likely needlessly and unreasonably increase risks of exposure to COVID-19 infections, and needlessly and unreasonably substantially burden potential voters’ constitutionally protected rights to vote, as a consequence of increased travel and delays, among other things,” Sulak wrote.

It’s unclear if and when additional mail-in ballot drop-off locations might be re-opened. Travis County had four drop-off locations before the Oct. 1 order, and Harris County had a dozen in place. But the decision is expected to quickly be appealed to a higher state court.

See here for more about the state lawsuit, which as we had heard was scheduled for a hearing this week. The Statesman has some more details.

In a letter sent Thursday afternoon, state District Judge Tim Sulak, who presided over a hearing in the matter on Tuesday, told lawyers that he will issue a temporary injunction against Abbott’s Oct. 1 order.

“The limitation to a single drop-off location for mail ballots would likely needlessly and unreasonably increase risks of exposure to COVID-19 infections, and needlessly and unreasonably substantially burden potential voters’ constitutionally protected rights to vote, as a consequence of increased travel and delays, among other things,” Sulak wrote.

As the Chronicle notes, this ruling is (very likely) stayed for the time being:

Paxton said his appeal in the case means an automatic stay of Sulak’s decision. The constitutionality of that part of the Texas Rule of Appellate Procedure, which allows governmental bodies’ appeals to supersede lower court orders, is being questioned in a case currently before the Texas Supreme Court.

Plaintiffs did not immediately respond to requests for comment on whether they agree with Paxton’s interpretation.

Remember a million years ago when the Libertarian/Green challenge to filing fees was still in effect despite the lower court ruling because of superseding? That’s the principle here. I’ll leave it to the lawyers to explain if it should be the principle here or not, but that’s where it’s at. The question now is, how quickly does this get to SCOTX? It seems likely to me that the ruling would be upheld by the Third Court of Appeals, but we all know where this is headed. It’s just a matter of when. So offer a halfhearted cheer for now, but keep your expectations in check until it’s all over.

Fifth Circuit upholds Abbott’s mail ballot dropoff limits

Because of course they did. Why would you have expected anything else?

In a ruling issued late Monday night, a federal appeals court upheld Gov. Greg Abbott’s order that limited counties to one mail-in ballot drop-off location.

A three-judge panel of the 5th U.S. Circuit Court of Appeals, all appointed by President Donald Trump, rejected arguments from civil and voting rights groups that claimed Abbott’s order suppressed voting rights by making it harder to cast a ballot, particularly for elderly and disabled voters who are the most likely to use mail-in balloting.

In reality, the judges said, Abbott expanded voting options by suspending a state law that allows mail-in ballots to be hand delivered only on Election Day — a July 27 order that Abbott merely refined on Oct. 1 by closing multiple ballot drop-off sites in Travis and three other large counties, the panel said.

“That effectively gives voters 40 extra days to hand-deliver a marked mail-in ballot to an early voting clerk. And the voter still has the traditional option she has always had for casting a mail-in ballot: mailing it,” Judge Stuart Kyle Duncan wrote for the panel.

The ruling blocked Friday’s injunction from U.S. District Judge Robert Pitman, who said Abbott’s order placed an unacceptable burden on voters who are most vulnerable to COVID-19.

[…]

The panel criticized Pitman for vastly overstating the magnitude of the burden on voting rights caused by Abbott’s “partial refinement” of an earlier order that made it easier for eligible Texans to hand deliver a ballot before Nov. 3.

“How this expansion of voting opportunities burdens anyone’s right to vote is a mystery,” Duncan wrote. “Indeed, one strains to see how it burdens voting at all.”

Texans still have “numerous ways” to participate before the Nov. 3 election — by voting early beginning Tuesday because Abbott added six days to the early voting period as a pandemic safety measure, by hand delivering completed mail-in ballots before Election Day, and by dropping their ballot in the mail, Duncan said.

See here and here for the background. Never mind the fact that the state of Texas had previously affirmed that multiple dropoff locations were legal, never mind the fact that Abbott issued this order a week before early voting began and more than two months after Harris County had announced its plan for multiple locations, and of course never mind the global pandemic that has everyone seeking to mitigate their own personal risk. Abbott extended the early voting period, so what are you peasants complaining about?

I mean, look. The Harris County Clerk used legal means to make voting easier and more accessible. The Governor used a false pretext to overrule him, and did so late in the process after people had been led to expect what the Clerk had implemented. The fact that the Governor had indeed taken steps to expand voting access isn’t relevant. The fact that most other counties hadn’t taken similar action as Harris isn’t relevant – they could have and in many cases should have, and if the Governor thought that was unfair to the voters in the slacking counties, he could have used the same authority he exercised here to try to spur those other counties to action. The point is that Harris County stood for making it easier and more convenient to vote, and the state of Texas said no, you can’t do that. In response, the Fifth Circuit said “we don’t see the problem here”. That’s what we’re up against.

I should note that there is still that state lawsuit, which will have a hearing this week. I don’t expect much at this point, but duty compels me to point this out. I presume the other federal lawsuit – as I observed before, this was a combination of two federal lawsuits, but did not include the third – is now moot. As we have seen over and over again, the way forward is going to require winning more elections first.

2020 early voting starts today

From the inbox:

The Early Voting period for the November 2020 General Election begins tomorrow, Tuesday, October 13th, and continues through Friday, October 30th. This is the longest Early Voting period in Texas history, and voters who are not eligible to vote by mail are encouraged to vote early to avoid long lines and crowds on Election Day. The Harris County Clerk’s Office has provided more voter access than ever before, tripling the number of Early Voting Centers from just over 40 in 2016 to 122 this November. Visit http://www.HarrisVotes.com/Locations to find your nearest voting center, along with approximate wait times at voting centers across Harris County.

“My number one priority is keep voters and election workers safe this November,” said Harris County Clerk Chris Hollins. “We know that voting by mail is the safest and most convenient way to vote, but for the thousands of Harris County residents that are not eligible, we’ve provided more opportunities to vote and stay safe than ever before in Texas history. We’ve worked hard to provide a safe in-person voting experience and give voters more choices in how they cast their ballot — from larger, safer locations to voting from the comfort and safety of your vehicle. I encourage everyone to make your plan to vote and to take advantage of the Early Voting period to cast your ballot safely this fall.”

VOTING METHODS

KEY DATES

  • Tuesday, October 13: First day of Early Voting
  • Friday, October 23: Last day to apply to vote by mail
  • Tuesday, October 27 – Thursday, October 29: Extended Early voting hours to 10 pm
  • Thursday, October 29: 24 hour voting at eight (8) locations
  • Friday, October 30: Last day of Early Voting
  • Tuesday, November 3: Election Day

For more information, please visit HarrisVotes.com and follow @HarrisVotes on Twitter, Facebook, and Instagram.

As a matter of historical pattern, today is likely to be very heavy, and the two or three days before the end of early voting are also very heavy, with the last day usually swamping the rest. Keep that in mind if you want to vote in person and minimize your exposure to crowds. If you have a flexible schedule, vote in the later morning – say, between 9 and 11 – or mid-afternoon – say, between 2 and 4 – to avoid the rush hour and lunchtime folks. Look to see how busy your location is, and choose another if it looks less crowded. We can all do a little something to avoid and minimize risk.

And while the courts will likely not do anything to stop Greg Abbott’s vote-suppresing order to close mail ballot dropoff locations, you can still drop yours off at Reliant Arena, or just put it in the mail as people have always done. Just do it quickly, don’t wait on it, and track its progress. If you have requested a mail ballot and for some reason have not received it, and you cannot vote in person (I have a friend who asked about this for her son at college), by all means call the County Clerk’s office and have them check it out. They should be able to send you another one ASAP if the first one didn’t get sent or got lost.

At this point I would say if you’ve been going to the grocery store or getting takeout, you can and probably should vote in person, picking a good place and time as noted above. But do make a plan, because turnout is gonna be lit.

Harris County election officials are preparing for a record number of voters to cast their ballots before Election Day, a process that will ramp up across Texas on Tuesday as early voting begins for the November general election.

County Clerk Chris Hollins, the elections administrator for the state’s largest county, said he expects as many as 1.7 million Harris County voters to turn out, a total that would shatter the record 1.3 million votes from 2016. Political analysts and elections officials are projecting an unusually large share of the votes will come during the early voting period, which Gov. Greg Abbott extended by six days, and through the mail as voters look to avoid contracting COVID-19 at crowded Election Day polling sites.

“It’s very likely that you’re looking at close to about three-quarters of all the vote being in before Election Day, which is a dramatic turnaround from what we’ve had just a few years ago,” said Jay Aiyer, an assistant county attorney working on elections at the Harris County Attorney’s Office. “It’s better to think of the election process as less about Election Day and Nov. 3 and really more about ‘election weeks.’”

I should note that 74% of the vote in 2016 was early or by mail, and 71% was early or by mail in 2018. So this is in line with recent elections, though with likely much higher numbers this time around.

Hollins had mailed out 235,000 ballots by this past weekend, his office announced, more than doubling the total from 2016. He had anticipated sending out roughly 10 times that amount to all 2.4 million registered voters in Harris County, but Texas Attorney General Ken Paxton stopped the effort through a legal challenge.

The clerk’s office had received 22,000 completed mail ballots by the weekend, while another 13,250 voters had dropped off their ballots in person at NRG Arena through Friday.

Driving part of the expected turnout increase is the steady growth of Harris County’s voter rolls. The county has added nearly 234,000 registered voters since 2016, far more than the 143,000 new residents added during the same span.

I’ll be tracking everything as usual. Now get out there and vote!

Judge briefly halts Abbott’s order limiting mail ballot dropoff locations

Late Friday breaking news, which lasted until the early afternoon on Saturday.

A federal judge ruled Friday that Texas counties can have multiple drop-off locations for absentee ballots heading into the Nov. 3 general election, blocking the enforcement of Texas Gov. Greg Abbott’s recent order that sought to limit counties to just one such location.

Saying Abbott’s order confused voters and restricted voter access, U.S. District Judge Robert Pitman granted an injunction late Friday barring its enforcement. With an unprecedented number of Texas voters requesting mail-in ballots during the coronavirus pandemic, and concerns about the reliability of the U.S. Postal Service, some large, Democratic counties had set up numerous locations to accept the ballots before Abbott’s order.

“By limiting ballot return centers to one per county,” Pitman wrote, “older and disabled voters living in Texas’s largest and most populous counties must travel further distances to more crowded ballot return centers where they would be at an increased risk of being infected by the coronavirus in order to exercise their right to vote and have it counted.”

[…]

The Texas Democratic Party called Friday’s ruling a “common sense order [that] followed well-established law and stopped the governor from making up election rules after the election started.”

Before Friday’s ruling, Democrats had denounced Abbott’s order, labeling it voter suppression in a state that has repeatedly been knocked in federal court for intentionally discriminating against voters of color. Voting rights advocates and civic groups quickly sued Abbott in federal court, arguing the order was based on invalid security concerns and places an unconstitutional and unequal burden on the right to vote.

The Texas and national League of United Latin American Citizens, the League of Women Voters of Texas and two Texas voters filed suit the night of Abbott’s order, and another lawsuit was filed the next day by the Texas Alliance for Retired Americans, the get-out-the-vote group Bigtent Creative and a 65-year-old voter.

“Cutting these mail-in voting locations was wrong and done solely to attempt to steal the election from the rising Texas electorate,” said Gilberto Hinojosa, chair of the Texas Democratic Party. “A county, like Harris County, with more than 4.7 million Texans should have more than one hand delivery location. Limiting counties like Harris is a desperate Republican attempt to hold onto power.”

See here for the previous update, and here for a copy of the ruling. Looking at the plaintiffs, it appears that the first lawsuit and the second lawsuit were combined. That leaves one other federal lawsuit, plus the one state lawsuit for which there is a hearing next week.

One presumes this will be appealed, and as we all know the Fifth Circuit is where all good things go to die. I think there’s a strong argument to be made that allowing Abbott’s order, which was made more than two months after counties had begun making plans to have multiple dropoff locations and after the state Solicitor General filed a brief saying that state law allowed for this, is the thing that would improperly disrupt the election at this late date. I also think the Fifth Circuit can rise to the occasion of brushing such an objection aside. Travis County, one of the places that had multiple dropoff locations in place prior to the order, has said it will wait to see what the Fifth Circuit does before reopening them. It’s hard to fault them for that. The Chron and the Statesman have more.

UPDATE: As expected, Paxton has filed an emergency motion for a stay of the judge’s ruling. You can read that here. The smart money always says that he gets what he asks for from this court, so it’s a matter of how quickly they have a hearing and issue a ruling.

UPDATE: Faster than you can say “Anything you want, Kenny”, the Fifth Circuit grants Paxton’s motion. Now we wait for a hearing. See why Travis County decided to wait before reopening any of those dropoff locations? Here’s the Chron story about the granting of the stay.

On executive power and the role of the Legislature

Just a few thoughts from recent events relating to Greg Abbott, COVID-19, vote access and suppression, local control, all those Hotze lawsuits, and so forth.

1. I think most of us would agree that however we assess Greg Abbott’s performance in response to the COVID pandemic, we need to have a conversation about the extent of the Governor’s executive powers and the role that the Legislature should have when laws are being amended or suspended on the fly in response to crisis situations. The lack of any input from the Legislature in all these COVID actions, from mask and shutdown orders and the subsequent reopening orders to expanding and contracting early voting and voting by mail, is a direct result of the system we have where the Legislature only meets once every other year, unless called into session by the Governor. All Abbott needs to do to keep the Lege at arm’s length is to not call a special session, which has been his response numerous times going back to the Hurricane Harvey aftermath. It may be time to admit that our quaint little system of “citizen legislators” who leave the farm every other year to handle The People’s Business in Austin just doesn’t work in the 21st century. If we don’t want Greg Abbott or any other Governor to be the sole authority on these matters, then we need to have a Lege that meets more often, and to have a Lege that meets more often means we need to accept the idea of legislating as a profession and adjust the compensation accordingly. I recognize that this is a thing that will almost certainly never happen, but I’m putting it on the table because we’re kidding ourselves otherwise.

2. A somewhat less foundation-shifting response would be to pass laws that mandate an expiration date on all emergency-response executive orders, which can only be renewed with the approval of the legislature. Put in a provision that allows the Lege to convene and vote on such things remotely, which bypasses the need for a special session and also allows for the Lege to operate in the context of a pandemic or other condition that would prevent them from meeting in person at the Capitol. Another possibility, which need not be mutually exclusive, is to mandate some conditions under which a special session must be called, say after an emergency declaration that has lasted for a certain duration or has resulted in some set of actions on the Governor’s part. It is within the Lege’s power to force itself into this conversation.

3. I would argue that when the Lege takes up the Disaster Act, or whatever other response it makes to review and revise executive authority in the wake of a declared disaster, it should clarify what kind of actions the Governor can take. Specifically, any action by the Governor must be taken in the service of containing, mitigating, or recovering from the disaster in question. As I said before, in the context of early voting and voting by mail, extending early voting and expanding vote by mail and allowing for mail ballots to be dropped off during early voting all served the purpose of mitigating the spread of coronavirus, but limiting the number of mail ballot dropoff locations did not, in the same way that limiting the number of food distribution locations following a hurricane would not count as hurricane/flood relief. I say that should make Abbott’s order illegal under the Disaster Act, and whatever the courts ultimately rule about that, the law should be changed to reflect that viewpoint.

4. The law could also be amended to limit litigation that would contravene this goal of mitigating the declared disaster. What is the law here for, and why should we let some cranks make technical (and let’s face it, mostly ridiculous) arguments that would worsen the disaster for some number of people?

5. If the Republican Party still had some affinity for local control, instead of putting all its chips on limiting what local officials they don’t like are allowed to do, then codifying the powers of county officials in response to a disaster might be worthwhile. I have some sympathy for Abbott’s stated impulse to not put a burden on smaller rural counties when it’s the more heavily populated ones that needed shutdown orders, but that sympathy only extends to the limit of what Abbott was willing to let the county judges of those more populated places do. I want to be careful here because a wacko county judge like the guy in Montgomery could easily have a negative effect on his neighbors like Harris if granted too much discretion, but I think if we stick to the mantra of everything needing to be in the service of mitigating and recovering from the disaster in order to be legal and valid, we can work this out.

6. Some of what I’m talking about here will split along partisan lines, but not all of it will. Clearly, there is some appetite among Republicans to limit executive power, though not in a way that I would endorse, but that is not universal. It’s clear from the Paxton brief in response to the latest Hotze mandamus that our AG at least believes in a strong executive, and I believe that feeling extends to other Republicans. Democrats can likely drive some of this discussion, especially if they are a majority in the House, but they will want to be careful as well, lest they wind up clipping the wings of (say) Governor Julian Castro in 2023. This is a multi-dimensional problem, that’s all I’m saying.

(Oh, and any Republican coalition in favor of a strong executive will of course evaporate the minute there is a Democratic Governor. I mean, obviously.)

I’m sure there are other aspects to this that I am not thinking of. My point is that this is a topic the Lege can and should take up, even if any bill they pass is likely to run into a veto. I just wanted to lay out what I think the parameters of the discussion are, or at least what I’d like them to be. Who knows what actually will happen – the election will shape it in some ways – but I hope this serves as a starting point for us to think about.

First hearing for mail ballot dropoff locations

Hopefully we’ll get some action quickly.

Lawyers for voters and voting rights groups asked a federal judge Thursday to block Gov. Greg Abbott’s recent order limiting counties to one location where voters can hand-deliver mail-in ballots.

Abbott waited too long to issue his order on Oct. 1, they argued, not only because it came the same day Travis County opened four drop-off locations after a monthlong public information campaign, but also because voting had already begun in the Nov. 3 general election.

“It is too late and too dangerously burdensome to change election rules midstream,” lawyer Chad Dunn told U.S. District Judge Robert Pitman in a hearing that was held via Zoom as a pandemic precaution.

Other lawyers argued that Abbott’s order placed a disproportionate burden on Texans who are most likely to vote by mail — those who are 65 and older or have a disability — by forcing many to endure longer and more difficult travel to ensure that their votes are submitted in a time of decreasing confidence in the U.S. Postal Service.

“It’s ironic and sad,” lawyer John Devaney said. “Now, after voting has started, the plug has been pulled.”

Lawyers for Abbott disputed claims that his order limited voting rights, saying the governor acted to expand opportunities and options for voters during the pandemic.

Abbott’s first election-related order, issued July 27, added six days of early voting and suspended a state law that allows voters to hand-deliver mail-in ballots only on Election Day, lawyer Eric Hudson told the judge.

In effect, Abbott gave voters almost 40 extra days to hand-deliver their ballots, Hudson argued.

“That’s not provided for in Texas law, and without Gov. Abbott’s proclamation, that right … would not be possible,” he said.

Pitman broke in to ask: “Is it the governor’s position that we’ve given you so much it’s OK to take back a little?”

“I don’t think we’ve taken anything back, your honor,” Hudson replied.

This hearing was for the first lawsuit, filed by LULAC and the League of Women Voters. Earlier in the day, the ACLU and the Lincoln Project announced they had filed amicus briefs in support of the plaintiffs. Courthouse News has some further details.

Representing LULAC, San Antonio attorney Luis Vera said the fears of election fraud have already been discredited and voters had already turned in their ballots for four days until Abbott’s order.

“The state of Texas wants one set of rules for [the] one party they represent and one set of rules for the others,” he said.

Attorney Chad Dunn, with Brazil & Dunn in Houston, asked the judge to issue a preliminary injunction to “preserve the status quo.” He cited federal courts’ reluctance to change the terms of an election so close to Election Day.

“This case is about more than drop-box locations in a county. It is about whether the public believes the results of the election will be honored,” he said.

Attorney John Devaney, with Perkins Coie in Washington, told Pitman the individual voter plaintiffs have standing in the case because of the risk they face voting at the polls and contracting Covid-19, and because they will have to travel further to reach their county’s one absentee drop-off location.

He argued that LULAC and the League of Women Voters have standing as organizations due to the burden of having to reallocate their resources at the last-minute to account for Abbott’s order.

“They will need to change their website, their educational materials and contact their new members” with the new information, Devaney said.

In response to the judge asking if the state also faces a burden if he decides to block Abbott’s order, Devaney responded the state’s burden to maintain the status quo would be smaller than that of the plaintiffs.

“Voters tend to wait until the end of an election to request a ballot. It’s not just procrastination,” Devaney said. “In an election this heated, voters want to wait. There’s going to be a surge of absentee votes … given the two-week period for the USPS, people are going to have to turn in their ballots because they don’t trust the Postal Service.”

Judge Pitman asked the plaintiffs if there was any difference between the drop-off locations closed by Abbott’s order and the still-operation sites in terms of election security.

Attorney Susan Hays, representing Harris County Clerk Chris Hollins, responded the county’s shuttered annex locations are “typical business offices” that are more secure than other public places due to employees receiving election security training. She said they are “much more secure because they must show ID before handing over the ballot.”

Pitman said he would issue his ruling “as soon as possible” given the close proximity to Election Day. Early voting locations are scheduled to open on Oct. 13.

It wouldn’t shock me if we get a ruling by Monday, but we’ll see. This is now the fourth lawsuit filed against the Abbott order, with three of them in federal court. According to the Statesman story, there’s a hearing scheduled for the state lawsuit next week.

UPDATE: Here’s the Chron story:

During a hearing Thursday, U.S. District Judge Robert Pitman appeared unconvinced by the idea that eliminating the additional locations would have no impact on voting accessibility.

The suit before Pitman is one of several challenging Texas election laws and Abbott’s pandemic executive orders amending them that are still swirling, even as the start of early voting approaches.

[…]

The pool of voters using this method appears to be relatively small so far, though mail-in voting is up across Texas, so demand could rise.

In Harris County, for example, just 0.2 percent of 85,922 absentee voters hand-delivered their ballots during the low-turnout July primary runoff; 39 of the 404 ballots for the Nov. 3 election that have been returned through Thursday were dropped off by voters. Those dropoffs ceased when Abbott’s order went into effect with less than 24 hours notice.

It should be noted that dropoff boxes were basically never mentioned as an option for the July primary runoffs, so the fact that almost no one used them is no surprise. And since 39 out of 404 is almost ten percent, it sure looks like we were on our way to a significant increase in the use of this method. I point these numbers out because one can make an argument about how much of a burden Abbott’s order is based on them.

Fourth lawsuit filed over Abbott’s order limiting mail ballot dropoff locations

The Lawyers’ Committee for Civil Rights is heard from:

A copy of the complaint is here – this is a federal suit, filed in the Western District of Texas, in Austin. It joins two other federal suits and one state lawsuit. I have no idea if the sheer number of complaints has any effect on the outcome, but whatever the case, this action on Abbott’s part sure did draw a lot of response.

I don’t really have anything else to add, but I thought you might like this:

People sure are determined to vote. I am cheered by their determination to not get deterred by all of the obstacles in their path, and angry that those obstacles exist in the first place. There are so many things our future Democratic Legislature is going to have to do to fix this crap.

Win one, lose one at SCOTX

The win:

Early voting in Texas can begin Oct. 13, following the timeline the governor laid out months ago, the Texas Supreme Court ruled Wednesday, rejecting a request from several top Texas Republicans to limit the timeframe for voters to cast their ballots.

In July, Gov. Greg Abbott ordered that early voting for the general election in Texas begin nearly a week earlier than usual, a response to the coronavirus pandemic. But a number of prominent Republicans, including state party Chair Allen West, Agriculture Commissioner Sid Miller and several members of the Texas Legislature, challenged that timeframe in September, arguing that Abbott defied state election law, which dictates that early voting typically begins on the 17th day before an election — this year, Oct. 19.

Abbott added six days to the early voting period through an executive order, an exercise of the emergency powers he has leaned into during the virus crisis. The Republicans who sued him argued this was an overreach.

The state’s highest civil court, which is entirely held by Republicans, ruled that the GOP officials who sued challenging Abbott’s extension waited until the last minute to do so, when he had already extended early voting in the primary election and announced he would do the same for the general months ago. Chief Justice Nathan Hecht noted also that the election is already underway.

“To disrupt the long-planned election procedures as relators would have us do would threaten voter confusion,” he wrote in the opinion.

See here and here for some background, and here for the opinion. After noting that Abbott has “issued a long series of proclamations invoking the Act as authority to address the impact of the COVID-19 pandemic on a wide range of activities in the State” since his disaster declaration in March, the Court notes that the relators (the fancy legal name for “plaintiffs” in this kind of case) took their sweet time complaining about it:

Relators delayed in challenging the Governor’s July 27 proclamation for more than ten weeks after it was issued. They have not sought relief first in the lower courts that would have allowed a careful, thorough consideration of their arguments regarding the Act’s scope and constitutionality. Those arguments affect not only the impending election process but also implicate the Governor’s authority under the Act for the many other actions he has taken over the past six months. Relators’ delay precludes the consideration their claims require.

The dissent argues that relators acted diligently because they filed their petition in this Court four days after they received an email confirming that the Harris County Clerk intended to comply with the Governor’s July 27 proclamation. But relators’ challenge is to the validity of the proclamation, not the Clerk’s compliance.16 Relators could have asserted their challenge at any time in the past ten weeks. The dissent also argues that the Court has granted relief after similar delays. But none of the cases the dissent cites bears out its argument.17

Moreover, the election is already underway. The Harris County Clerk has represented to the Court that his office would accept mailed-in ballots beginning September 24. To disrupt the long-planned election procedures as relators would have us do would threaten voter confusion.

[…]

Mandamus is an “extraordinary” remedy that is “available only in limited circumstances.”20 When the record fails to show that petitioners have acted diligently to protect their rights, relief by mandamus is not available.21 The record here reflects no justification for relators’ lengthy delay.

The “dissent” refers to the dissenting opinion written by Justice John Devine, who was all along the biggest cheerleader for the vote suppressors. I have no particular quibble with this opinion, which seems correct and appropriate to me, but the grounds on which the mandamus is denied are awfully narrow, which gives me some concern. The Court may merely be recognizing the fact that there are several outstanding challenges to Abbott’s authority to use his executive powers in this fashion, relating to mask and shutdown orders as well as election issues, and they may simply want to leave that all undisturbed until the lower courts start to make their rulings. That too is fine and appropriate, but I can’t help but feel a little disquieted at the thought that maybe these guys could have succeeded if the timing (and their lawyering) had been better.

That ruling also settled the question of counties being able to accept mail ballots at dropoff locations during the early voting process – the relators had demanded that mail ballot dropoff be limited to Election Day only. None of this is related to the issue of how many dropoff locations there may be, which is being litigated in multiple other lawsuits, four now as of last report. We are still waiting on action from those cases.

On the negative side, SCOTX put the kibosh on County Clerk Chris Hollins’ plan to send out mail ballot applications to all registered voters in Harris County.

The state’s highest civil court ruled Wednesday that Hollins may not put the applications in the mail. The documents can be accessed online, and are often distributed by political campaigns, parties and other private organizations. But for a government official to proactively send them oversteps his authority, the court ruled.

“We conclude that the Election Code does not authorize the mailing proposed by the Harris County Clerk,” the court wrote in an unsigned per curiam opinion.

The Republican justices sent the case back to a lower court in Harris County to issue an injunction blocking Hollins from sending the mailers.

The county has already distributed the applications to voters who are at least 65, who automatically qualify for absentee ballots, and has also begun sending out the applications to other voters who requested them. An attorney for Hollins estimated last week that the county would send out about 1.7 million more applications if the court allowed.

See here and here for some background, here for a statement from Hollins, and here for the unanimous opinion, which is longer than the one in the first case. The Court goes into the many ways in which the Legislature has expressed its intent that most people should vote in person, and then sums up its view Clerks getting creative:

Hollins’ mass mailing of ballot applications would undercut the Secretary’s statutory duty to “maintain uniformity” in Texas’ elections, the Legislature’s “very deliberate[]” decision to authorize only discrete categories of Texans to vote by mail, and its intent that submission of an application be an action with legal gravity.43

Authority for Hollins’ proposed mass mailing can be implied from the Election Code only if it is necessarily part of an express grant—not simply convenient, but indispensable. Any reasonable doubt must be resolved against an implied grant of authority. Mass-mailing unsolicited ballot applications to voters ineligible to vote by mail cannot be said to be necessary or indispensable to the conduct of early voting. Even if it could be, doubt on the matter is certainly reasonable and must be resolved against recognizing implied authority. We hold that an early voting clerk lacks authority under the Election Code to mass-mail applications to vote by mail. The State has demonstrated success on the merits of its ultra vires claim.

I’ve discussed my views on this before, when the appeals court upheld the original order, and I don’t have anything to add to that. I agree with Michael Hurta that this case will be cited in future litigation that aims to limit what Texas localities can do to innovate, which is what Hollins was doing here. It’s basically another attack on local control, and as I replied to that tweet, it’s another item to the Democrats’ to do list when they are in a position to pass some laws.

I hate this ruling for a lot of reasons, but that right there is at the top of the list. The Court based its ruling in part on the fact that Hollins was doing something no one else had thought to try – “all election officials other than Hollins are discharging this duty in the way that they always have”, they say as part of their reasoning to slap Hollins down” – and while I can see the logic and reason in that, we’re in the middle of a fucking pandemic, and sometimes you have to step outside the box a bit to get things done in a manner that is safe and effective. I get where the Court is coming from, and I admit that allowing County Clerks to experiment and freelance has the potential to cause problems, but it sure would have been nice for the Court to at least recognize that Hollins’ actions, however unorthodox they may have been, did not come out of a vacuum. Clearly, the fact that the arguments in this case were heard via Zoom didn’t sink in with anyone.

On a practical level, I don’t know how many people would have voted via absentee ballot who would not have otherwise participated. Some number, to be sure, but I really don’t think it’s all that much. It’s the principle here, one part making it harder to vote and one part keeping the locals in line, that bothers me. As has been the case so many times, we’re going to have to win more elections and then change the laws if we want some progress. You know what to do. The Chron has more.

Third lawsuit filed against Abbott’s order to limit mail ballot dropoff sites

This one’s in state court.

Gov. Greg Abbott’s order limiting Texas counties to one mail ballot drop-off location has been challenged in court a third time.

The lawsuit filed in Travis County court on Monday alleges that Abbott’s order exceeds his authority under the state’s constitution and would make it unreasonably difficult for eligible Texans to use ballot by mail.

“The state of Texas should be working to ensure safe and accessible voting for all Texans. The governor’s order does the opposite,” Cheryl Drazin, vice president of the Anti-Defamation League’s Central Division, which includes Texas, said in a statement. “Limiting the number of drop-off sites available to absentee voters reduces the options Texans have to participate in the 2020 election without risking their health.”

Several Texas chapters of the Anti-Defamation League are plaintiffs in the case, as are the government watchdog group Common Cause Texas, and Robert Knetsch, a 70-year-old voter from Harris County.

[…]

The plaintiffs argue that Texas election code gives local officials, not the governor, authority to manage elections. So by limiting drop-off locations to one per county, Abbott was overstepping his authority.

The order also went against what the state had already said in other cases, plaintiffs said. In late September, Attorney General Ken Paxton’s office said in a filing to the Texas Supreme Court that the state election code allowed local officials to interpret “early voting clerk’s office” as extending to annexes of those offices and the secretary of state had already allowed that.

Because of projected increases in vote by mail and delays in the U.S. postal service’s mail delivery, taking away the option for multiple drop-off locations would harm voters, like Knetsch, who was at high risk for COVID-19 because of his age, plaintiffs said.

Knetsch had planned to drop off his ballot at one of Harris County’s multiple locations, but “now plans to risk voting in-person at his local polling place, despite the risk to his health” because he fears there will be large crowds at the remaining drop-off site.

“Many of the Texans who qualify to vote absentee have disabilities and are elderly, and they rely on public transportation,” Anthony Gutierrez, executive director of Common Cause Texas said in a statement. “With only one drop-off site per county, these voters would face challenges in travel that might make it impossible for them to vote. The drop-off site limit will also make the one site in each country prone to lines and crowds, endangering voters’ health.”

See here and here for background on the previous lawsuits, both of which were filed in federal court. A copy of the complaint for this suit is here, and a statement from the Brennan Center, which is representing the plaintiffs, is here; you can also see their Twitter thread. I have no idea if one or the others has a better chance of success, I just know that we need to get a ruling Real Soon Now for any of this to make a difference. You can see all the filings from the first federal lawsuit here, and for whatever it’s worth, the top Democratic Congressional leaders have written a letter to Greg Abbott asking him to repeal this order. I’m sure he’ll get right on that.

How not to be “ground zero” for voter suppression

It starts with winning elections. Which would be easier to do if Republicans weren’t hell-bent on making it hard to vote, but then that’s why they do what they do.

Fewer and fewer states are standing with Texas as it continues to resist calls to expand mail-in voting amid the coronavirus outbreak, with South Carolina on Wednesday becoming the latest to allow anyone to cast a ballot by mail this fall.

Texas is now one of just five states won’t accept concerns about the coronavirus as an excuse to vote by mail and state leaders have blocked attempts by local officials in Harris County to make voting by mail more accessible.

That Texas is out on the edge on an issue of voting access should come as no surprise, experts in voting laws say.

The Republicans who run state government have made Texas a national leader in voting restrictions, ground zero in a series of long-running fights over voting rights, and hotly debated allegations of potential voter fraud. It’s a battle President Donald Trump has escalated in the past week, tweeting repeatedly about mail-in voting, which he alleges will lead to “MAYHEM!!!” despite no evidence of such in the states that already have widespread voting by mail.

Democrats have poured millions into at least 18 different legal battles against Texas over mail-in voting and a host of other election issues — more than anywhere in the nation — as the state’s elections have grown more competitive. They charge that the Republicans who run state government have placed hurdles at every step of the electoral process to keep their power despite demographic changes that have diminished their public support.

Texas’ sluggish voter turnout rates are frequently cited as evidence that GOP suppression efforts are working. The state’s decision not to make it easier to vote by mail, critics say, is just the latest example.

You can read the rest for a recitation of the greatest hits in making it harder to vote, but it’s all familiar. (This was also written before the Abbott order about mail ballot dropoff locations, which shows that there will always be new frontiers in this field.) The key to this whole thing is right there in the fourth paragraph, “The Republicans who run state government”. The only way this is going to change is for the Republicans to not be running state government. We can take an important step in that direction in this election, especially if we can get an all-Democratic federal government that will pass an expansion of the Voting Rights Act and other protections. We can finish the job in 2022 and pass laws to repeal voter ID, allow for no-excuses vote by mail, enable online voter registration, and more. The courts aren’t going to save us. The Republicans have no interest in any of this – indeed, as I’ve argued before, if they maintain their trifecta after this election, they are now strongly incentivized to rein in efforts to send out vote by mail applications to those who hadn’t requested them. We win these elections and we move forward, or we don’t and we move back. The fact that it’s harder for us to win these elections is just too bad. That’s how it is. It’s all up to us.

Second lawsuit filed against Abbott’s mail ballot dropoff order

From Chuck Lindell on Twitter, on Saturday afternoon:

See here for the background, and here for more on the first lawsuit. This one is a Democracy Docket suit, and you can read the complaint here. As of when I drafted this on Saturday afternoon, there wasn’t any news coverage that I could find – this CNN story mentions the second lawsuit, but it’s primarily about the first one, and doesn’t tell me anything I didn’t already know. Marc Elias of Democracy Docket summarizes what the complaint is about:

Monday ought to be a busy day at the federal courthouse. I feel like there may be cause to file a complaint in state court as well, on the grounds that Abbott’s action violates the Disaster Act since it does not conform with the goal of mitigating the disaster and thus isn’t an appropriate use of his emergency powers, but I Am Not A Lawyer so I probably don’t know what I’m talking about. I’ll update this when I see a link to news story about this second lawsuit.

Lawsuit filed over Abbott’s order to limit mail ballot dropoff locations

As expected.

Voting rights advocates and civic groups have rushed to the courthouse in a bid to block Republican Gov. Greg Abbott’s Oct. 1 order allowing Texas counties no more than one drop-off location for voters casting absentee ballots, calling the directive an unconstitutional burden on the right to vote that will disproportionately impact voters of color in the state’s biggest cities.

The Texas and National Leagues of United Latin American Citizens, the League of Women Voters of Texas and two Texas voters asked a federal judge in Austin in a lawsuit filed late Thursday to overturn the governor’s order, which forced Travis and Harris counties — two of the state’s most important Democratic strongholds — to shutter a number of drop-off sites they had already opened this week.

“The impact of this eleventh-hour decisions is momentous, targets Texas’ most vulnerable voters—older voters, and voters with disabilities—and results in wild variations in access to absentee voting drop-off locations depending on the county a voter resides in,” attorneys for the groups argued. “It also results in predictable disproportionate impacts on minority communities that already hit hardest by the COVID-19 crisis.”

Attorneys also pointed out that Abbott was making a major change to election procedures just weeks away from an election — an action the state and its attorneys argued was improper in a separate federal lawsuit over straight-ticket voting.

[…]

The lawsuit will have to move quickly, with early voting set to begin in less than two weeks on Oct. 13.

Harris and Travis counties had each set up multiple locations for accepting absentee ballots and had already begun accepting them before Abbott issued his order shutting down the satellite locations. Voting rights experts say access to these locations is especially important given concerns over U.S. Postal Service delays and that closing them will disproportionately impact voters with disabilities or without access to reliable transportation. Harris County is home to 2.4 million registered voters and stretches across some 1,700 square miles, more than the entire state of Rhode Island.

Ralph Edelbach of Cypress, an 82-year-old voter among those suing Abbott, had planned to drop his ballot off at a Harris County location that was 16 miles from his home — but now will have to travel 36 miles, nearly 90 minutes round trip, to reach the only location Abbott has allowed to stay open, according to court documents.

At a press conference Friday morning, Harris County Clerk Chris Hollins said he could reopen the shuttered locations “at the drop of a dime.”

“Ultimately, anything that’s done to decrease voter convenience, to put obstacles in the way of the voter, is voter suppression, and will lead to disenfranchisement,” he said.

Abbott’s order, which came a day after the Texas solicitor general approved Harris County’s plan for multiple locations under earlier guidance from the governor, also said counties must allow poll watchers to observe goings-on at ballot drop-off sites. Voting rights advocates fear that poll watchers, who are selected by candidates or political parties, will seek to intimidate voters, as has been documented in the past.

Abbott claimed the limits on drop-off locations were necessary to ensure election integrity. But he provided no evidence that the drop-off sites enable voter fraud, which experts say is rare.

And the procedures for delivering an absentee ballot are strict. Voters must present an approved form of identification, show up during specified hours and can only deliver their own ballots.

See here for the background and here for a copy of the complaint. The “approval” from the Solicitor General’s office to the Hollins plan is in reference to the brief filed by Paxton’s office in response to the Hotze mandamus that had already challenged what Harris County was doing. Have fun squaring that circle, y’all.

The Chron adds some details.

The suit, filed in federal court in Austin, alleges that the order violates the Voting Rights Act and First and Fourteenth Amendments, which guarantee equal protection of the right to vote, and will disproportionately affect minorities and older citizens who are at higher risk of serious complications from COVID-19.

[…]

Thursday’s move by Abbott was made in stark contrast to a legal argument that Texas Solicitor General Kyle Hawkins had made in response to a lawsuit the day prior. Then, Hawkins argued in a brief to the Texas Supreme Court that nothing in previous orders disallowed the interpretation of the clerks’ “office” to include annex offices, and the Secretary of State had told local officials that any clerk’s office sufficed for dropoff.

It marked the latest instance of Abbott reversing course under political pressure over his response to the pandemic.

Abbott had spent months holding off on a statewide mask mandate, but later enacted one in line with other states. He similarly resisted a statewide stay-at-home order until cases began to surge.

Following an uproar from conservatives over a Dallas salon owner who faced jail time as indirect result of her keeping her business open in violation of Abbott’s stay-at-home order, he limited punishment to fines.

[…]

“As many states are expanding ballot drop off options to ensure voter confidence this year, it is vile to see Texas’s attempts to do the opposite,” said Celina Stewart, senior director of advocacy and litigation for the League of Women Voters.

The Texas director of AARP, which represents more than 2.3 million seniors in the state, said Friday that she was “deeply concerned” about the new restrictions on ballot dropoff.

“During a pandemic, now more than ever, older voters need confidence that they can vote safely,” Tina Tran said. “Texas voters, especially those 50-plus, do not need another impediment to voting.”

Despite Texas having some of the most restrictive voting and vote-by-mail laws in the country — it’s one of just five states where voters have to provide an excuse other than COVID-19 to request a mail ballot — counties have reported higher-than-normal levels of interest in the practice.

To manage the influx, Harris County had planned on having locations at the main county clerk office and 11 annex offices throughout the 1,777-square-mile county to collect mail ballots. Neighboring Fort Bend County had planned to open five locations, and Travis County had planned on having three in addition to its main office.

Dallas County told CBS 11 News that it had planned to open multiple locations but is now prohibited.

County officials said they were given no notice of the order, which took effect within 24 hours.

This will have to be litigated quickly for obvious reasons. I will say, even with all of his often-craven flip flops, Abbott has generally used his executive powers under the Disaster Act to mitigate or halt the spread of the coronavirus. Extending early voting to a third week was one such example of that. There’s nothing in this order that conforms to that goal – limiting mail ballot dropoff locations will force more people to one location and may wind up making more people vote in person – and so on that principle it would seem to me that Abbott’s underlying rationale is legally suspect. I don’t know that that’s an issue here – that would seem to be more of a claim for state court. Who knows, maybe there will be another lawsuit that does go that route. In the meantime, this is what we have. Reform Austin has more.

Abbott moves to stop mail ballot dropoff locations

I don’t know about you, but this reeks of fear to me.

Gov. Greg Abbott on Thursday declared that counties can designate only one location to collect completed mail ballots from voters, forcing Harris County to abandon 11 sites set up for that purpose.

Abbott’s proclamation said counties must also allow poll watchers to “observe any activity conducted at the early voting clerk’s office” related to the delivery of marked ballots. He said the measure was designed to improve ballot security.

“The state of Texas has a duty to voters to maintain the integrity of our election,” Abbott said in a statement. “These enhanced security protocols will ensure greater transparency and will help stop attempts at illegal voting.”

Abbott did not cite any examples of voter fraud, which election law experts say is exceedingly rare.

Harris County Clerk Christopher Hollins had set up 12 locations — 11 of them county clerk annex offices — throughout the 1,777-square-mile county to collet mail ballots. The county now will only be able to accept ballots only at its election headquarters at NRG Arena.

This new executive order is here. This is of a piece with the Hotze mandamus to limit mail ballot dropoffs to Election Day itself. It’s telling that Abbott is just now issuing orders about the use of multiple locations for mail ballot dropoffs, because County Clerk Chris Hollins announced his intention to use the 11 County Clerk Annex offices for this purpose in mid-July, which is to say two and a half months ago. And Abbott is just now taking action? I mean, come on.

It’s really hard to escape the conclusion that this is a desperation move by Abbott, in part to try to curb Democratic voting, and in part to quell the wingnut rebellion that’s been brewing against him. And let’s be clear, the Texas GOP as recently as the runup to the 2018 election would have laughed at the Dems’ efforts to get their voters out. “Oh, the Dems think they can boost their turnout and win some elections, aren’t they adorable.” They’re taking it all quite seriously now, that much is for sure.

It’s transparent and it’s ridiculous, and it makes no sense as anything but a pure partisan power move.

Now to be sure, people don’t have to use a dropoff location. They can just use the mail as always, and now there’s a nifty mail ballot tracker to ensure that your ballot gets received and processed. I feel reasonably confident saying that most people were planning to vote by mail as they had done before. But that’s not the point. The point is that this was a simple and innovative way to make voting easier for people, something Chris Hollins has excelled at in his brief time as County Clerk. Greg Abbott’s move is the exact opposite of that, and it serves no good purpose.

And I remind you, it was done at the last minute, after weeks and weeks of people being told they could use these annex locations. What have Texas Republicans had to say about last-minute changes to the voting process?

I hope they have a lawsuit filed before I get to publish this post. (Per the Trib, one may indeed be filed today, perhaps more than one.) And I can’t wait to see how the Fifth Circuit applies its own jurisprudence to this question.

(On a side note, I will note that while I have heaped all kinds of scorn and contempt on the multitudinous Hotze vote-suppression lawsuits, I have also repeatedly agreed that there is a serious debate to have about the extent of Abbott’s executive powers and the proper role of our extremely part-time Legislature in all this. Because Hotze and company are a bunch of rancid clowns, they are a terrible vehicle for posing those questions. Perhaps by opening this war on a second front, Abbott will finally have a worthy opponent putting them before a judge.)

For a bit of variety, and to provide a summary of all this, here’s a press release from All on the Line, a national campaign to restore fairness to our democracy and ensure every American has an equal say in our government.

“This last minute order is another link in a very long chain of voter suppression and intimidation in Texas,” said Genevieve Van Cleve, All On The Line state director. “Governor Greg Abbott is working to make it harder for grandparents to vote and allowing so-called poll watchers to glower at them while they do it.”

In preparation for the November general election, counties with large populations including Harris and Travis have designated and staffed satellite drop off locations to make it easier for those not comfortable sending their completed ballots through the mail.

Texas has 254 counties. Loving County has a population of 160 people. Harris County has a population of 4,713,000 people. Governor Abbott’s order allows each county, regardless of size, the same number of drop off locations for mail-in ballots: one. Further, he has sanctioned citizens to “observe” people delivering their ballots.

Gov. Abbott’s order is meant to suppress turnout and intimidate voters. Those most likely to be impacted are seniors and Texans living with disabilities who rely on mail-in-ballots. The very same people who are most vulnerable to the COVID-19 virus.

Further, the Fifth Circuit Court of Appeals ruled days before Gov. Abbott’s order that reinstating straight ticket voting was impossible due largely to the close proximity to the election. Yet, he’s changing the rules of the election with just days to go.

“These last minute changes to the rules will not deter Texas voters from casting their ballots, despite the Governor’s intentions. Texans are energized, well-informed, and will demand that their voices be heard and respected at the ballot box,” Van Cleve said.

Early Vote begins in Texas on October 13th. The last day to register to vote in Texas is October 5th. Mail-in Ballots that are not postmarked must be received by 7pm on Election Day; Mail-in Ballots postmarked by 7pm on Election Day must be received by 5pm the day after Election Day.

Next stop, the litigation. I’m sure I’ll have a post about it tomorrow. The Statesman, the Current, and Reform Austin have more.

You can track your mail ballot in Harris County

Nice.

Harris County residents now are able to track the status of their mail ballots through a new system launched by County Clerk Christopher Hollins Wednesday.

For the first time, a voter can see when their ballot is mailed to them and when it is processed by the clerk’s office after being returned.

“Providing voters with more information … gives voters peace of mind about the mail voting process,” Hollins said in a statement. “I encourage Harris County voters who have applied to vote by mail to track their ballots using our website.”

To do so, residents must visit www.harrisvotes.com/tracking and enter their name, birth date and last four digits of their Social Security or Texas ID number. The Secretary of State’s Office did not immediately respond to a question about how many other counties have such a tracker, though it offers the service on its website.

See here for the Clerk’s press release. Over 200K people have been sent mail ballot applications so far – a few people have even received, filled out, and returned their mail ballots already. We’re still waiting on the Supreme Court to see how many more mail ballot applications get sent out, and of course now we have to deal with Greg Abbott’s mail ballot dropoff bullshit, but those of you who have requested them, this is how you can be sure that yours gets to the finish line.

Paxton opposes Hotze mandamus to curb early voting

From Reform Austin:

In a brief filed with the Texas Supreme Court, Texas Attorney General Ken Paxton argues that the GOP group suing Gov. Greg Abbott to prevent him from extending early voting for the November election has no standing and has failed to prove any harm.

Conservative activist Steve Hotze and a long list of high-profile Texas Republicans claim Abbott is violating Texas election law and overstepping his authority without first consulting with the Texas Legislature.

Paxton counters that delegation of powers is both necessary and proper in certain circumstances.

“The Legislature properly exercised its delegation power when it enacted the Disaster Act because it contains adequate standards to guide its exercise,” Paxton’s brief reads. “It sets parameters for what constitutes a disaster, provides a standard for how the governor is to declare one, places limits on his emergency powers, and specifies when the disaster ends.”

See here for the background. A copy of the Paxton brief is here. The introduction is worth a read:

To the Honorable Supreme Court of Texas:

Relators direct their petition at the Secretary of State, even though they do not allege that she has undertaken or threatened to undertake any unlawful action. Neither the Governor’s July 27 proclamation (“the Proclamation”) nor the Election Code imposes any ministerial duty on the Secretary. And the provisions of the Election Code concerning early voting are administered by county election officials, not the Secretary of State. Although the Election Code designates the Secretary as Texas’s “chief election officer,” this Court has long held that does not give her generalized enforcement power over every provision of the Election Code. Moreover, the Proclamation independently binds each county’s early-voting clerk, so any mandamus issued against the Secretary would not remedy Relators’ grievances. Indeed, granting the relief Relators seek would have no impact at all—which makes this petition nothing more than a request for an advisory opinion.

Relators’ merits arguments are similarly misguided. They raise multiple constitutional challenges to the Disaster Act, but none is properly before this Court because the Disaster Act delegates no power to the Secretary. And in any event, the Governor’s discretion and authority under the Disaster Act are cabined by reasonable standards, so it is a lawful delegation of legislative power, and the July 27 Proclamation is a proper exercise of that delegated power.

Relators waited two months to file this mandamus petition, yet they ask this Court to “alter the election rules on the eve of an election.” Republican Nat’l Comm. v. Democratic Nat’l Comm., 140 S. Ct. 1205, 1207 (2020). They are not entitled to relief.

Well, now we know where Ken Paxton’s line in the sand is: He’ll value the Governor’s executive power over a challenge to voting rights. Well, he’ll value this Governor’s executive power over a challenge to this Governor’s use of that executive power to enhance voting rights. Good enough for these purposes, I suppose.

Other court documents related to this writ are here. There are now documents available relating to the latest Harris County writ as well, which you can find here. Responses to that are due today at 4 PM. Have I mentioned lately that I will be happy to ease up on all the legal blogging? Please get me past this election, that’s all I ask.

Hotze’s latest Supreme Court gambit

He has nothing else to do, clearly.

A litigious conservative activist in Houston, the Harris County Republican party, and a number of Republican officials and candidates are asking the Texas Supreme Court to limit in-person and absentee voting options for Harris County voters during the pandemic.

The county, the state’s most populous and a major Democratic stronghold, began letting voters drop off absentee ballots Monday for the Nov. 3 general election at 11 annexes. In line with a directive from Republican Gov. Greg Abbott, the county also intends to begin in-person early voting Oct. 13.

Prominent activist Steve Hotze, as well as Wendell Champion, a Republican candidate for Congress; Sharon Hemphill, a Republican candidate for judge; and the local GOP chair, are suing to stop that, arguing Harris County Clerk Chris Hollins is overreaching the bounds of state election law. They’re asking the state’s highest civil court to order Harris County to not begin early voting until Oct. 19 — the date set by state law that Abbott extended by executive order, citing safety concerns — and not accept absentee ballots delivered in person until Nov. 3.

[…]

The conservative plaintiffs also argue that state law does not allow Hollins to permit voters to drop off their ballots at the 11 sites, a strategy they claim “creates an opportunity ripe for fraud.”

According to the Harris County clerk’s website, voters who complete absentee ballots may drop them off at any of 11 locations during specified hours, including 7 a.m. to 7 p.m. during the early voting period and on Election Day. Voters can deliver only their own ballots in person, and when they do they must present identification.

As the story notes, this is in addition to the mandamus request to halt the extra week of early voting statewide. I have a hard time imagining even this Supreme Court thinking that the law supports halting the extra week in only one county. The use of County Clerk annexes and locations like NRG Arena as mail ballot dropoff locations has been discussed for weeks and weeks, so you have to wonder why this is just being filed now. (It may be because it wasn’t an issue that could be litigated before now – the legal system can be funny that way.) Hotze of course was also the first to try to stop the sending out of mail ballot applications, for which there should be a SCOTX hearing on Wednesday. The other stuff, I have no idea. There’s nothing to indicate any action from SCOTX on the mandamus to halt the extra week of early voting, but I suppose that could happen out of the blue at any time between now and October 12, so who knows. Hotze is basically Pennywise without the makeup, but that doesn’t mean that SCOTX won’t join him down in the sewer.

A word about mail ballot drop boxes

I learned something in this story.

Travis County voters nervous about delays with the post office will be able to hand-deliver mail-in ballots or drop them off at drive-thru sites this fall, County Clerk Dana DeBeauvoir said Tuesday.

“If they want to vote by mail but now they’re worried, at least they have a drive-thru option,” she told county commissioners.

DeBeauvoir said reported issues at the post office have put local election officials “in a jam” and that they’re creating more options for people planning to vote by mail in the upcoming election.

She said she anticipates about 100,000 people in Travis County will vote by mail. There are about 833,000 eligible voters in the county, she said, and about 123,000 of those voters are over 65, which means they qualify for a mail-in ballot under Texas’ limited program.

[…]

Other states also allow election officials to set up “drop boxes” for voters to hand-deliver ballots. Those are illegal in Texas, however; voters must hand their ballots directly to an official.

“Voters will still have to show up in person with only their own ballot,” DeBeauvoir said. “They can’t deliver anybody else’s for them. We want to be sure that voters understand that they’ll need to produce ID and they will have to sign a signature roster.”

DeBeauvoir said there will be a walk-up site to hand-deliver ballots, as well as three drive-thru locations downtown. She said there should be about 10 lanes to drop off ballots.

“We think we can have enough capacity to handle the number of voters we feel like are going to take advantage of this, because of what happened to the post office,” she said.

I did not know that drop boxes as they are being used in other states are illegal in Texas. I’m not surprised, but it is another typical annoyance. Harris County is doing something similar as voters will be able to drop off mail ballots at any County Clerk office, though whether there would be drive-thru service for that is not clear to me. I think there will be drop off boxes at some early voting sites, like the NRG Arena, but that’s only for the early voting period. I’d like to see someone in the Lege revisit this issue in the next session, and put a bill to expand mail ballot drop off access on the agenda.

If Dana DeBeauvoir is correct about there being 100K or so votes by mail in Travis County, that will shatter records. I had to check the SOS archive pages for early voting because the Travis County elections website does not split out mail ballots from other early votes, but in 2016 there were 20,090 mail ballots as of the last day of early voting, which was 4.2% of final turnout. In 2018, those numbers were 17,830 mail ballots, and 3.6% of final turnout. Where it gets more interesting is in the 2020 primary runoff, which of course was done in the height of the COVID-19 outbreak. We also do have mail totals from the county: For the 2020 Democratic primary runoff, there were 20,641 mail ballots cast out of 124,608 total ballots, or 16.6% of turnout, a massive increase. On the Republican side, it was 2,974 mail ballots and 19,257 total ballots, or 15.4%. A hundred thousand mail ballots in November would be around twenty percent of total turnout. Like I said, a big big increase. If other counties are expecting something similar, then this really will be a very different election than what we have seen before.

Harris County goes all in on voting access

Wow.

Harris County voters this November will have more time and more than a hundred additional places to cast ballots in the presidential election, including drive-through locations and one day of 24-hour voting, under an expansive plan approved by Commissioners Court Tuesday.

With the additional polling locations, an extra week of early voting and up to 12,000 election workers, Harris County Clerk Chris Hollins is pledging a smooth November election.

On a 3-2 vote, the court agreed to spend an additional $17.1 million — all but about $1 million to come from federal CARES Act dollars — to fund Hollins’s ambitious election plan. The money is on top of the $12 million the court approved earlier this year to expand mail-in voting amid fears that in-person balloting could spread the coronavirus during the ongoing pandemic.

The clerk’s plan includes extended early balloting hours, including multiple nights to 10 p.m. and one 24-hour voting session, drive-through options, as well as new equipment to process an expected record number of mail ballots.

“The County Clerk’s office has made it our top priority to ensure a safe, secure, accessible, fair and efficient election for the voters of Harris County this November,” Hollins told court members. “And to ensure this outcome, our office has … executed a robust set of 24 initiatives, many of which were piloted in the July primary runoff election.”

Hollins’ plan is among the boldest unveiled by a Texas elections administrator to improve a voter’s experience and increase turnout in a state with historically low participation, said University of Houston political science Professor Brandon Rottinghaus.

“These changes would rocket Harris County to the top of the list as the most progressive approach to voting,” Rottinghaus said.

Rice University political science professor Mark Jones said the plan could inadvertently undermine a push by Democrats to expand mail voting for voters under 65 during the COVID-19 pandemic.

“Hollins is making sure that voting in person is safer than going to the grocery store,” Jones said. “To the extent to which other county clerks follow his lead, it’s more and more difficult to make the case that voting in person represents a risk to someone’s health.”

In previous elections, Harris County operated about 40 early voting and 750 Election Day sites. The additional funding, Hollins said, will allow the county to operate 120 early voting and 808 Election Day locations.

He estimated 1.7 million voters may turn out, a record in any Harris County election and an increase of 361,000 since the 2016 presidential contest.

The two Republican commissioners voted No to this, one complaining that it cost too much and one complaining that there were too many voting locations inside Precinct 1, which is where the city of Houston is. Remember how Commissioners Court was 4-1 Republican before last year? Apparently, elections do have consequences.

See here and here for some background. I had mentioned Hollins’ assertion of 120 early voting locations following the HCDP precinct chairs meeting, where he addressed us after we voted for County Clerk and HCDE nominees. It’s still kind of amazing to see this all actually move forward. There’s also another piece to mention:

Doubling down on increasing the use of voting by mail in November, Harris County will send every registered voter in Texas’ most populous county an application for a mail-in ballot for the general election.

The move, announced Tuesday by the county clerk’s office, puts Harris County — which has more than 2.4 million residents on its voter roll — ahead of most other counties when it comes to proactively working to bump up the number of voters who may request mail-in ballots. Election officials expect a record number of people to vote by mail this year, but not all of Harris County’s registered voters will ultimately qualify.

[…]

Harris County Clerk Chris Hollins has said he was encouraged by the county’s return rate ahead of the July primary runoff election when it sent applications to every registered voter who was 65 or older. Typically, voters must print out or request applications for ballots by mail from the county or the state and deliver or mail them to their local elections office. In between the March primary election and the July primary runoff, the county saw a more than 100% increase in vote-by-mail applications, Hollins said.

“If you’re eligible to vote by mail, we want you to vote by mail. It’s safest for you. It’s safest for all your neighbors,” Hollins said in a previous interview, arguing that every additional mail-in voter would make the election safer for those voting in person because they’d have to stand behind one less voter who could potentially infect them. “Voting by mail is the safest way to vote, and all those who are eligible to vote should strongly consider casting their vote in that manner — not only for themselves but as a service, a duty to other residents.”

Wow again. The county will purchase mail-sorting equipment and hire a bunch of temporary workers to deal with all the mail. We definitely saw a lot of people who had not voted in the March primary return mail ballots in the runoff. That certainly suggests that sending out the mail ballot applications in such a universal fashion helped boost turnout, though without a deeper study of other runoffs I can’t say that for sure. The Texas Democratic Party is also sent out mail ballot applications, though of course they sent them just to Dems. I don’t know how many registered voters in Harris County are 65 and over, and I don’t know how many people will apply for a mail ballot under the disability provision, but the potential certainly exists for there to be a lot of voting by mail this fall. Just remember to send everything in as early as you can, and consider using the mail ballot dropoff locations at the County Clerk annex offices.

You may think that this is a lot of mail ballot applications being sent to people who can’t or won’t use them, and you may think this is a lot of money being spent to conduct this election. I got a press release from usual suspect Paul Bettencourt complaining about how the County Clerk was making it too darn easy for people to vote. (Remember when he was in charge of voter registration in Harris County as Tax Assessor? Remember how voter registration totals lagged well behind population growth during his term, and never started to catch up until after he was gone? Good times, good times.) My scalding hot take is that what County Clerk Chris Hollins is doing this year should be the norm going forward. Open up a ton of early voting sites, have really convenient hours for them, send mail ballot applications to everyone, and more. All of us expect, every day, a level of ease, convenience, and time-savings in the things we do. I can’t think of any reason why “voting” shouldn’t be on that list. Maybe starting with this year, it finally will be.

More on mail ballots

Here’s a second story from the Trib on the attempted destruction of the Postal Service in the name of vote suppression by Donald Trump.

“I think the goal of Donald Trump’s comments are to destabilize faith in voting systems and we’ll be telling them the truth that voting by mail is safe and secure,” said state Rep. Erin Zwiener, D-Driftwood. “We’ll counteract fear with facts.”

Harris County Clerk Chris Hollins said eligible voters in the state’s most populous county who are worried about delays in the mail will be able to drop off their mail-in ballots at any of the county’s 11 offices “beginning whenever they receive their ballots and continuing through Election Day, November 3, at 7:00 PM.”

“Preserving every eligible citizen’s right to vote is a pillar of our democracy,” he said in a statement. “My office is doing everything in our power to withstand the challenges of the ongoing global pandemic and uphold this essential right for eligible voters. But it is shameful that partisan politics has led to the destruction of the United States Postal Office – an institution we need dearly right now.”

Hollins stressed that “despite this latest form of voter suppression, voting by mail remains the safest method for Texans to vote this November.”

Abhi Rahman, a spokesman for the Texas Democratic Party, said it is working to send out 1.7 million vote-by-mail applications to eligible Texans — the largest number in the party’s history. The party has already sent out 900,000 and is sending out the other 815,000 this week, he said.

“We believe strongly that Texans should be able to vote safely and securely during the time of the pandemic,” Rahman said. “Vote by mail is good for democracy, good for our state and good for our country.”

Regarding the president’s recent comments, Rahman said the party will continue to utilize its voter protection team, in addition to a website designed to help register all voters in the state.

“I think that Texans will crawl over broken glass to vote Donald Trump out of office and be vigilant to make sure their vote is counted,” he said.

[…]

The changes at the Postal Service have raised concerns that the process will be slowed down. In the name of cutting costs, the agency has reportedly reduced overtime for workers, banned extra trips used to make sure mail is delivered on-time and is decommissioning 10% of its mail sorting machines. According to The Washington Post, sorting capacity in Houston alone has dropped by 470,000 pieces of mail per hour. Those changes will have an effect on businesses that depend on the mail and people who use it to receive their paychecks or prescriptions, among many other things. But they also have the potential to make it harder for people to get their ballots in before the deadline.

Voter mobilization groups say they will encourage voters to send their ballots in as early as possible to avoid any risk of the delays affecting their vote.

“Our goal as a state should be to have the greatest possible number of Texans vote and for them all to be equally heard at the ballot box,” Drew Galloway, the executive director of MOVE Texas, which works to engage young voters, said in a statement to The Texas Tribune. “This means expanding on popular and secure reforms like mail-in ballots.”

Galloway also said the group’s organizers “received countless calls” before the primary runoff elections in July with questions about late absentee ballots — many of which, he said, were not received or arrived too late.

“This is unacceptable,” he said.

Republicans in Texas have largely remained quiet on the issue.

See here for the background. Of course Republican leaders have been silent on this, they are all far too cowardly to ever say a word in opposition to their Dear Leader. Democrats have been much more vocal, and while this story has totally blown up and caused some of the worst excesses to halt, there really needs to be a bigger, broader, and louder response from Democrats, especially Congressional Democrats. I mean, they do have some power here, and they need to exercise it.

Now is a good time to call your member of Congress, especially your Democratic member of Congress, and ask them to demand hearings ASAP, with subpoenas and the threat of being hauled in front of Congress by Capitol police if those subpoenas are not obeyed. No more playing nice here, this is as serious as it gets.

At the CEC meeting yesterday, County Clerk Chris Hollins spoke after the other business was done, and he talked about what his office is doing to ensure people can vote despite all of this garbage. I’ve already noted that people can drop off completed mail ballots at any of the 11 County Clerk offices. Hollins reported there will be 120 (!) early voting locations, which should make the in-person experience as safe as possible. (Yes, they need election workers. The gig pays $17 an hour. Go apply if you can.) There were other questions asked of Hollins, including one I posted about early voting locations as mail ballot dropoffs. He didn’t get to the questions, but promised there would be an easily visible FAQ section on the Harris Votes webpage shortly, which would include responses to the questions we asked, so check there in a few days. Trump’s destruction is obscene and anti-American, but it’s also an obstacle that can be overcome. We’re going to be able to handle it here in Harris County, and other urban counties appear to be in decent shape as well. If you’re not sure about your county, pester your officials as needed to get them on the ball. Like I said, this is as serious as it gets.