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fraudit

Please watch over the fraudit

Good idea.

A group of Democratic members of Congress from Texas has sent a letter to the Department of Justice requesting that it closely monitor the ongoing election audit in four Texas counties. Last September, Texas Republicans began an audit in Harris, Tarrant, Dallas, and Collin counties at the behest of Donald Trump. The former president urged Gov. Greg Abbott to review the results in spite of the fact that he won the state in an election the Texas Secretary of State’s Office called “smooth and secure.”

“We have serious concern that this audit may be an attempt to invalidate properly cast ballots in the 2020 Presidential election,” read the letter, which was addressed to Assistant Attorney General for the Civil Rights Division Kristen Clarke. We ask that your office closely monitor and work collaboratively with Texas state officials to ensure this audit does not unfairly erode any Texan’s ability to choose their leaders through the ballot box.”

The letter noted particular concern about the new Secretary of State overseeing the audit, John Scott. As an attorney, Scott assisted Trump’s unsuccessful attempt to overturn the election results in Pennsylvania. “This newly announced audit raises serious impartiality and fairness concerns given Mr. Scott’s previous work seeking to invalidate authentic election results and Governor Abbott’s history of peddling false election claims,” read the letter.

The letter was signed by Reps. Colin Allred, Lizzie Fletcher, Filemon Vela, Eddie Bernice Johnson, Veronica Escobar, Sylvia Garcia, Joaquin Castro, Lloyd Doggett, Al Green, and Marc Veasey.

If the DOJ does follow the letter’s request, it won’t be the first time it’s tangled with Texas over its election practices. In November, the DOJ filed a lawsuit against the state for its assault on voting rights.

[…]

The results of the initial phase of the Texas election audit have already been released and, unsurprisingly, they show few issues and no evidence of widespread fraud.

See here for the most recent update. Once more with feeling: There is no reason to trust John Scott. Corner him like a rat in a cage, and do not let anything about this boondoggle get spun. The DMN has more.

Fraudit fizzling

Who could have ever predicted this would be a big ol’ nothingburger?

The Texas secretary of state’s office has released the first batch of results from its review into the 2020 general election, finding few issues despite repeated, unsubstantiated claims by GOP leaders casting doubts on the integrity of the electoral system.

The first phase of the review, released New Year’s Eve, highlighted election data from four counties — Harris, Dallas, Tarrant and Collin — that showed few discrepancies between electronic and hand counts of ballots in a sample of voting precincts. Those partial manual counts made up a significant portion of the results produced by the secretary of state, which largely focused on routine voter roll maintenance and post-election processes that were already in place before the state launched what it has labeled as a “full forensic audit.”

On Friday, Samuel Taylor, a spokesperson with the secretary of state’s office, said the review was needed “to provide clarity on what issues need to be resolved for the next elections.”

But Remi Garza, president of the Texas Association of Election Administrators, said there wasn’t anything in the review’s first set of results that raised any alarms for him.

“There doesn’t seem to be anything too far out of the ordinary with respect to the information that’s provided,” said Garza, who serves as the election administrator in Cameron County. “… I hope nobody draws any strong conclusions one way or the other with respect to the information that’s been provided. I think it’s just very straightforward, very factual and will ultimately play a part in the final conclusions that are drawn once the second phase is completed.”

According to the state’s review of the counties’ partial manual counts, which they are already required to conduct under state law, there were few differences between electronic and manual ballot tallies — and counties were able to justify those inconsistencies.

See here for the previous update. Boy, nothing says “we want people to see this news” like putting out a press release on the Friday afternoon of a holiday weekend. In each case cited here, there was a literal handful of vote count differences, and the reason each of the tiny discrepancies was already known. And this is in four counties that totaled over four million ballots cast in 2020. It’s hard to imagine a cleaner or clearer result.

The state’s progress report for phase one of its audit also included data related to regular maintenance of the state’s massive list of registered voters — it surpassed 16.9 million in November 2020 — that goes beyond its four-county review. But some of the figures highlighted by the state either appear to be faulty or remain unverified.

For example, the secretary of state’s office noted it had sent counties a list of 11,737 records of registered voters it deemed “possible non-U.S. citizens.” But the Tribune previously reported that scores of citizens, including many who registered to vote at their naturalization ceremonies, were marked for review.

Although it has yet to finish investigating the records, the state also included an unverified figure of 509 voter records — about 0.0045% of the 11.3 million votes cast in November 2020 — in which a voter may have cast a vote in Texas and another state or jurisdiction. The state said the work of reviewing those records to eliminate those that were “erroneously matched” because of data issues wouldn’t be completed until January.

The state also highlighted the investigation of 67 votes — about 0.0006% of the votes cast in the 2020 general election — cast by “potentially deceased voters.” This review also has not been completed.

In its report, the secretary of state emphasized that the removal of ineligible or deceased voters from the voter rolls “in and of itself does not indicate that any illegal votes were cast.”

What they almost always find in the latter case is that the voter died after their vote had been cast. In a state with millions of people, that sort of thing happens. I would expect that in most of the former cases, closer inspection shows that the votes in question were actually cast by different people. Accurate name-matching is a tricky business. As for the “non-citizen voter purges” the state regularly tries and fails to do with any accuracy, well, just keep that in mind whenever the state of Texas or any of its officials make claims about voting irregularities. The motivation to find bad things blinds them to such a degree that any bad things they find are inherently tainted by the nature of their search. Only by removing that motivation, and thus enforcing a careful and deliberate process, can any claims be considered credible.

Fraudit update

Yes, it’s still a thing.

Texas Secretary of State John Scott announced late Friday that his office has presented an “exhaustive” document request to Dallas, Tarrant, Collin and Harris counties as part of an audit of 2020′s election.

Scott’s office also announced that phase one of the audit is nearing completion, with a summary of findings expected to be made public by the end of December. The document request marks the beginning of the second phase of the audit, according to a news release from the secretary of state’s office.

The request, sent to election administrators at each of the counties, asks for the counties to provide information including a full accounting of mail-in votes and provisional votes, any reported chain of custody issues as well as complaints that those offices might have received regarding the 2020 presidential election.

[…]

Following Friday’s announcement, James Slattery, a senior counsel at the Texas Civil Rights Project, called the document request from the secretary of state’s office a “fishing expedition.”

“No other words to describe these unbelievably wide ranging document requests than ‘fishing expedition,’ ” Slattery said on Twitter. “It’ll tie these offices up in knots just as the primary season begins, diverting crucial resources from helping voters navigate all of 2021′s election law changes.”

See here, here, here, and here for the background. I think James Slattery pretty much nails it, so let me note instead that Collin and Tarrant counties were apparently caught off guard by the initial call for the fraudit.

Now, an investigation by the watchdog American Oversight has brought back communication records and documents that show election officials in Collin and Tarrant counties were caught on their heels when the audit was announced, and that they apparently had no idea what the process meant.

In one of the emails American Oversight obtained, Collin County Election Administrator Bruce Sherbet informed employees that the audit would kick off in November.

(Does the timing feel a bit funny to you? Well: “Governor Abbott, we need a ‘Forensic Audit of the 2020 Election,’” Trump wrote in an open letter to Abbott. “Texans know voting fraud occurred in some of their counties.” A little more than eight hours later, boom: an audit is born.)

Texas Director of Elections Keith Ingram had informed Sherbet of the upcoming probe, despite having previously told the Collin County elections administrator that the vote had been both “smooth and secure.”

On Sept. 24, Collin County Commissioner Darrell Hale wrote back to Sherbet and Collin County Administrator Bill Bilyeu. “What is the story?” he asked. “What’s going on?”

“Just heard about it last night,” Sherbet replied. “Not sure of any details.”

Later, Hale confessed to an inquisitive constituent by email, “We are curious on the details ourselves.”

[…]

After the Texas Secretary of State’s Office announced the audit, Tarrant County Elections Administrator Heider Garcia urged election officials not to comment publicly until they figured out what exactly was going on and knew “what they need from us,” the email communications American Oversight obtained show. Garcia urged the officials to forward any media inquiries to him.

The American Oversight story is here. They say they intend to get similar documents from Harris and Dallas counties about their initial response to the fraudit request. I’ll keep an eye out for them.

Fraudit funding

It’s bullshit all the way down.

GOP leaders on Friday approved shifting $4 million in emergency funds for the Texas secretary of state’s office to create an “Election Audit Division” at the agency, which will spearhead county election audits as required by the state’s new election law set to take effect next month.

The additional funding, first reported by The Dallas Morning News, was requested by Gov. Greg Abbott earlier this week and approved by Lt. Gov. Dan Patrick, House Speaker Dade Phelan and the Republican budget-writers of the two chambers, state Sen. Jane Nelson, R-Flower Mound, and state Rep. Greg Bonnen, R-Friendswood.

In a Nov. 18 letter to Patrick and Phelan, Abbott said the emergency shift in money — which is coming from the Texas Department of Criminal Justice — was necessary because the secretary of state’s office “does not currently have the budget authority to adequately accomplish the goals sought by the Legislature.”

Friday’s news comes as the secretary of state’s office has a “full forensic audit” of the 2020 election underway in four of Texas’ largest counties: Dallas, Harris, Tarrant and Collin.

It also comes after the GOP-controlled Legislature passed a new election law this summer that further tightens the state’s election rules with a host of changes, such as a ban on drive-thru voting and new rules for voting by mail.

The new law, which is facing legal challenges, also requires the secretary of state’s office to select four counties at random after each November election and to audit all elections that happened in those counties in the prior two years. Two of the counties that undergo the audit must have a population of more than 300,000, while the other two must have a population lower than that.

In a statement later Friday, the secretary of state’s office referenced both its 2020 audit and future audits required under the new state law, saying that the latest funds would be used for “additional staff to oversee audit activities,” such as “verifying counties’ removal of ineligible voters from the rolls … and ensuring compliance with state and federal election laws.”

See here, here, and here for the background. Just a reminder, most of the counties with 300K or more people were carried by Joe Biden, while the large majority of counties with less than 300K were won by Trump. This particular division is less egregious than what Republicans originally wanted, but it’s still designed to put more scrutiny on Democratic counties. Who wants to bet that most of the “problems” they find are in exactly those counties? The Chron has more.

In the meantime, our new not-to-be-trusted Secretary of State is out there promoting the fraudit with the idea that it’s the only way to “restore voters’ confidence in the strength and resilience of our election systems”. Let me stop you right there, pal: The reason some people have lost faith in the election system is because the guy who lost the last election has been vocally and repeatedly lying about it being “stolen” from him, and demanding that his minions conduct these fraudits for the express purpose of sowing fear, uncertainty, and doubt. He continues to tell the same lies, which are eagerly believed by his rabid followers, despite losing every lawsuit filed and the Arizona fraudit finding exactly nothing and all of his lies being repeatedly debunked. Why should the rest of us have any faith in an audit being done by people who fraudulently claim there is fraud?

There is no reason to trust John Scott

He deserves zero benefit of the doubt.

Texas’ new secretary of state says he wants to “restore confidence” in the state’s elections, despite a background that includes helping former President Donald Trump challenge the 2020 presidential election results in Pennsylvania.

In an interview Thursday, John Scott said there’s no question that Joe Biden is the president and he has “not seen anything” to suggest the election was stolen, as Trump has falsely claimed. There has been no evidence of widespread voter fraud last year in Texas or nationwide.

But Scott stopped short of agreeing with a deputy under his predecessor who called the 2020 election in Texas “smooth and secure.” He did not want to get ahead of an election audit of four of Texas’ largest counties, which he called his top priority.

Scott said he got involved in the Trump election lawsuit because it centered on an “intriguing” legal issue — and that he bowed out days later because a federal appeals court ruling “killed” the case.

As for why Texans should trust him, Scott said he hopes they will give him a chance.

“I think proof’s in the pudding ultimately,” Scott said, speaking inside the secretary of state’s office at the Texas Capitol in Austin. “I think [Texans] should hope for somebody that only follows evidence and that is able to restore confidence amongst all voters.”

[…]

In declining to label the Texas election as “smooth and secure,” Scott said he was withholding judgment due to the audit.

“I don’t want to color our audit or the folks who are doing the audit, and make them think, ‘Well, the new secretary thinks we’ve gotta go find some fraud’ or ‘The new secretary thinks we can’t find fraud,’” Scott said. “I want them to look at the evidence or the facts and determine whether there was any evidence of that, and that’s really it.”

See here for the background, and read the rest because there’s a lot to it. To be as fair as I can be to someone who hasn’t earned any goodwill, he didn’t come off too badly, but he missed several easy opportunities to build a bridge and try to establish some level of rapport. He’s also a total novice at the elections management business, as he admits in the story, yet another reason to not have any faith in his selection. I don’t have any better way of putting it: He deserves no benefit of the doubt. The impetus is entirely on him to prove that he’s not a partisan hack who will gladly carry out Greg Abbott’s fondest wishes to put a thumb on the scale for Republicans going forward. The fact that he wasn’t actively twirling his mustache while tying Nell Fenwick to a railroad track as he was doing the interview is the lowest possible bar he could clear. He has a million miles to go from there.

Abbott picks Trumpy Secretary of State

Red alert, this is not good.

Gov. Greg Abbott on Thursday appointed John Scott — a Fort Worth attorney who briefly represented former President Donald Trump in a lawsuit challenging the 2020 election results in Pennsylvania — as Texas’ new secretary of state.

As secretary of state, Scott would oversee election administration in Texas — a task complicated in recent years by baseless claims of election fraud from Republicans in the highest levels of government, fueled by Trump. The former president has filed a flurry of lawsuits nationwide and called for audits in Texas and elsewhere to review the results of the 2020 presidential elections. Trump’s own attorney general, Bill Barr, said there was no evidence of widespread voter fraud nationwide, and in Texas, an official with the secretary of state’s office said the 2020 election was “smooth and secure.”

Scott could not immediately be reached for comment.

On Nov. 13, Scott signed on as counsel to a lawsuit filed by Trump attempting to block the certification of Pennsylvania’s election. A few days later, on the eve of a key hearing in the case, Scott filed a motion to withdraw as an attorney for the plaintiffs. Scott’s motion also asked to withdraw Bryan Hughes, a Texas state senator from Mineola who works for Scott’s law firm, as an attorney for the case.

The motion said the attorneys had reached a mutual agreement that the plaintiffs would be best served under different representation. Scott’s law firm was the second in the span of a few days to withdraw from the case.

Matt Angle, director of the Lone Star Project, which supports Democrats for elected office, said Abbott’s “surrender to Donald Trump betrays every Texan.”

“Texas’ already chaotic Secretary of State’s Office will be headed by someone intent on paving the way for Trump’s ‘Big Lie,'” Angle said in a statement. “By appointing a known vote suppressor to oversee our elections, Abbott is knowingly putting Texas elections in jeopardy and our future at risk just to cruelly hang on to power.”

As a reminder, previous Secretary of State Ruth Hughs resigned after calling the 2020 election “smooth and secure”, and then not being able to be confirmed by the State Senate. John Scott may be technically qualified for this position, but the motives here are obvious, and neither he nor Abbott deserve any benefit of the doubt. There are plenty of ways a person in this position can hamstring or undermine the big urban Democratic counties as part of a greater suppression strategy. I’m sure there are some less-publicized aspects of the big voter suppression bill that will empower him to do exactly that. This is an ominous development, and it’s one we need to be prepared to deal with. The Chron and the Texas Signal have more.

The Senate returns to its usual crap

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

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

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

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

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

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

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

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

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

A little sandbagging from the SOS on the fraudit

Who’s running this show?

In the five days since the Texas secretary of state’s office announced it is auditing the 2020 general election in four counties, local officials indicated they were in the dark about what the reviews would entail.

Now, they’ve learned they cover some of the standard post-election procedures local officials are already required to undertake.

On Tuesday night, the state agency that oversees elections offered the first glimpse of what it has dubbed a “full forensic audit” of the election in Harris, Dallas, Tarrant and Collin counties, but it appears the scope of the effort may be more limited than what the term may suggest. The secretary of state’s documentation explaining the parameters of the reviews notes the first phase includes partial manual counts of ballots and security assessments, which all counties are already required to undergo.

The second phase, which is slated for “spring 2022,” will be an examination of election records “to ensure election administration procedures were properly followed.” That includes reviews of records of voting machine accuracy tests, rosters for early voting, forms detailing chain of custody for sealed ballot boxes and other election materials maintained by the counties.

But the secretary of state also indicates it will review records that counties already provide to the office, including the “reasonable impediment declarations” filled out by voters who indicate they lack one of the photo IDs the state requires voters to present to cast a ballot.

[…]

Officials in Harris County on Tuesday morning indicated they remained unaware of what the audits would cover despite comments by Abbott that the reviews “actually began months ago.” Now, it appears the governor was, at least in part, referring to processes counties are separately required by law to complete.

For example, the partial manual counts of ballots listed under the first phase of the reviews must be conducted within 72 hours of polls closing after every single election.

The reviews also provoked criticism that invoked the politically driven election review in Arizona that has been mired by ineptitude and described by the Arizona secretary of state as an exercise plagued by “problematic practices, changing policies, and security threats.” The report of the Arizona review, which confirmed President Joe Biden won the state, was compiled by Cyber Ninjas, a contractor that received $5.7 million from pro-Trump groups to fund the audit.

In releasing the details about the reviews, a spokesman for the secretary of state emphasized the office would not be “hiring or contracting with an outside firm to conduct these audits.”

See here and here for the background. I guess it’s good that we’re not throwing millions of dollars at a bunch of pro-Trump grifters who will come in and do a lot of damage, but the word for all this is still “pathetic”. If the purpose was to take these existing actions and package them as a true fraudit, so as to appease their god-king, it didn’t work.

Gov. Greg Abbott is failing to appease some inside his party — including former President Donald Trump — with the “forensic election audit” that the state announced Thursday.

Trump released a letter to Abbott on Thursday urging him to add audit legislation, which could allow a review of mail-in and in-person ballots across the state, to the agenda for the current special session agenda. Instead, the secretary of state’s office announced later that day that it was already starting to audit the 2020 election results in four of the state’s biggest counties.

In a new statement to The Texas Tribune on Wednesday, Trump said it is “a big mistake for Texas” not to pass the audit legislation, House Bill 16 by Rep. Steve Toth, R-The Woodlands.

“By allowing the Democrats to do what they do, it will make it much harder for the Governor and other Republicans to win election in 2022 and into the future,” Trump said. “Texas is a much redder state than anyone knows, but this is the way to make sure it turns blue.”

Trump assumes, with quite a bit of justification, that he can get Abbott to roll over and supplicate himself further. There’s only one reasonable response to this.

A resolution from Harris County Judge Lina Hidalgo denouncing the election audits for 2020 election results in four large Texas counties passed Tuesday night 3 to 2, with Democrats in favor and Republicans against.

Hidalgo has called the audit, which centers on Harris, Dallas, Tarrant and Collin counties, a “sham” and a political maneuver to fuel conspiracy theorists who keep pushing the false narrative that Donald Trump won the 2020 election.

[…]

Harris County Commissioner Tom Ramsey was one of the two Republicans who voted against the resolution Tuesday night, arguing “transparency is not a bad thing.”

A few days prior to the resolution, Hidalgo warned continuing the conversation around election results “lends some credence” to conspiracy theories that fraud exists.

“These are the kinds of folks that stormed the capital. They are not going to be persuaded that their conspiracy theories are false,” Hidalgo said in a Sunday Twitter video. “It can’t be that the strategy of one party is to burn it all to the ground when their candidate doesn’t win. That’s how you tear down a country, that’s how you tear down a democracy.”

Lina Hidalgo is a strong and competent leader. Greg Abbott is not. And Tom Ramsey is as much a disgrace as Abbott is. Draw him out of his undeserved position, y’all.

More on the fraudit

My God, Greg Abbott is a wimp.

Donald Trump’s letter to Texas Gov. Greg Abbott demanding he pursue an “audit” of the 2020 election set off a “mad dash” in the governor’s office as aides sought to figure out just how serious the former president was, according to two sources familiar with the situation.

In the letter, Trump called on Abbott to hold a “Forensic Audit of the 2020 Election” and pass HB 16, a bill recently filed in the Third Special Session of the Texas legislature, which would allow for an Arizona-style “audit” of the presidential election.

“Despite my big win in Texas, I hear Texans want an election audit!” Trump wrote in a public letter addressed to Abbott on Thursday. “Texas needs you to act now. Your Third Special Session is the perfect, and maybe last, opportunity to pass this audit bill. Time is running out.”

Just hours after Trump released the letter, a statement was put out by Sam Taylor, assistant secretary of state for communications, who said the office had “already begun the process” of reviewing 2020 votes in the state’s two largest Democrat and two largest Republican counties: Dallas, Harris, Tarrant and Collin. Trump only won Collin County, and Biden won Dallas, Harris and Tarrant counties in 2020.

During an interview with “Fox News Sunday,” Abbott said that the audits “began months ago”— a statement that echoed the claim made by the office of the secretary of state.

“State audits conducted by the Texas Secretary of State’s office have already been underway for months,” Renae Eze, press secretary for the governor, said in a statement. “Under federal law, county election officials only have to keep these materials for 22 months, and it is imperative that all aspects of elections conducted in 2020 are examined before the counties clear out these materials in September 2022.”

But in reports from both the Texas Tribune and CNN, local officials in counties targeted by the “audit” said they had not learned of the review until Thursday’s statement from the secretary of state’s office.

And behind the scenes, the Texas governor’s office was caught off guard by Trump, whose letter made no mention of “audits” already underway. There had not been contact between Trump and Abbott ahead of the release, and Abbott’s office was uncertain if they could meet Trump’s demands to pass HB16 without complicating the legislative agenda. One Texas political aide familiar with how the process played out said, “The secretary of state‘s decision to call for audits in the four largest counties in Texas was predicated on Trump’s statement mentioning Gov. Abbott.”

“There was a mad dash to determine if Trump was actually being serious with his statement and it was decided this was the best route to take without blowing up the special session,” the aide said.

The scramble among Abbott’s team to placate the president illustrated the degree to which Trump and his election conspiracies continue to set the rules of engagement for virtually all other GOP elected officials.

See here for the background. I wish I had something thoughtful to say, but I don’t. This isn’t really a situation that calls for calm analysis. It requires calling a thing what it is, and that is to say that this is a disgrace and an embarrassment. Greg Abbott is a sniveling coward.

In the meantime, someone owes us some answers about this crap.

The top civil lawyer for Texas’s most populous county issued a records demand seeking information on the origins of Gov. Greg Abbott’s (R) so-called “forensic audit” plans, including any communications between the secretary of state’s office and surrogates for former President Donald Trump.

“Governor Abbott and the Secretary of State are telling the public that this ‘audit’ has been going on for months, but this is the first time the County’s heard anything about it,” Harris County Attorney Christian D. Menefee wrote in a statement. “They’re on the news and issuing press releases about this ‘audit’, talking to everyone about it but us.”

“The administration has told us nothing about the purpose of or legal basis for this audit, what they’re requesting, or what the process will be,” Menefee added. “It’s my job to advise the County and the Elections Administrator on how to respond. I can’t do that without this basic information that neither the Governor nor the SOS has shared.”

In his two-page letter, Menefee addresses his records demand to the office of Texas’s Secretary of State, which is currently vacant. Menefee addressed the letter to the general mailbox for that office’s general counsel, requesting 14 categories of information.

Two of those categories relate to the governor’s office: One seeks “[a]ll communications between the SOS office and the Office of the Texas Governor or the Office of the Lieutenant Governor related to a complaint, allegation of fraud or misconduct, request for investigation or review, or question received by the SOS office regarding the November 2020 General Election in Harris County.”

The other demands “[a]ll communications between the SOS office and the Office of the Texas Governor or the Office of the Lieutenant Governor related to the ‘forensic audit’ of the November 2020 General Election in Harris County announced by the SOS on September 23, 2021 (as the SOS office’s announcement explicitly states the department ‘has already begun the process,’ this request also seeks communications dated prior to September 23, 2021).”

You can see the full letter embedded in the story. I fully expect this request to be stonewalled, and for Ken Paxton to slime his way in to defend not turning anything over. But it’s vital that we get as much information about this travesty and the ways in which our government has conspired to try to placate Donald Trump. This is what we elected Christian Menefee for. I have faith he is up to the task.

UPDATE: Hilarious and pathetic at the same time:

Someone who was his own person would be able to articulate what was happening in an accurate way. Someone who is a sock puppet, well. You know.

So we have a fraudit

What a load of crap.

The Texas secretary of state’s office announced late Thursday that it has begun a “full forensic audit” of the 2020 general election in four Texas counties: Collin, Dallas, Harris and Tarrant. But the statement from that agency did not explain what prompted the move.

There has been no evidence of widespread voter fraud in Texas in 2020.

Sam Taylor, a spokesperson for the office, did not immediately respond to a request for comment. No elections officials in the four counties immediately responded for comment.

The announcement came hours after Republican former President Donald Trump requested Gov. Greg Abbott add an election audit bill to this year’s third special session. While Trump lost his reelection bid, he did win in Texas.

It was unclear if his request was related to the announcement from the secretary of state’s office. But Taylor’s press release said the agency has “already begun the process in Texas’ two largest Democrat counties and two largest Republican counties—Dallas, Harris, Tarrant, and Collin.” While Tarrant has long been a Republican stronghold, Democratic President Joe Biden narrowly beat Trump there, according to the county’s election results.

Former Secretary of State Ruth Ruggero Hughs, who oversaw the 2020 elections, resigned when the Texas Senate refused to confirm her appointment. A deputy for Hughs called the 2020 election “smooth and secure” earlier this year.

Who knows what any of this even means, or what safeguards are in place to ensure integrity and transparency. I’d say that this was a rogue official going off on their own, but I think we all know that when Donald Trump tells a weak leader like Greg Abbott to do something, Abbott will comply.

In the meantime, county officials have responded, for the most part appropriately.

Harris County leaders on Friday blasted the Texas secretary of state’s decision to conduct a comprehensive “forensic audit” of the 2020 election in four counties, including Harris, as a political ploy to appease conspiracy theorists and former President Donald Trump.

County Judge Lina Hidalgo accused Gov. Greg Abbott of trying to curry favor with the former president, who on Thursday called for an audit of the Texas results, despite comfortably carrying the state in his unsuccessful bid for re-election. She likened the effort to audits in Arizona and Pennsylvania, which have failed to find major errors in vote tallying.

There is no evidence of widespread fraud or irregularities in Harris County’s 2020 election, where a record 1.7 million voters participated.

“This does not deserve to be treated as a serious matter or serious audit,” Hidalgo said. “It is an irresponsible political trick. It is a sham. It is a cavalier and dangerous assault on voters and democracy.”

Precisely who ordered the audits of election results for Harris, Dallas, Collin and Tarrant counties, as well as what they would entail, remains a mystery. The Secretary of State’s Office distributed a news release Thursday evening, though the secretary of state post has been vacant since May and spokesman Sam Taylor did not respond to a request for comment.

I’d forgotten that we don’t actually have a Secretary of State right now. I guess that “audit” must have gotten started on its own. Probably a computer glitch somewhere.

County Elections Administrator Isabel Longoria said she was surprised by the secretary of state’s announcement, noting she had spoken with that office’s staff hours earlier about an unrelated matter. Longoria said no state agency or department has provided her with any information about how the audit of Harris County’s election results will be conducted.

After the 2020 contest, Longoria said her office conducted a partial manual review of mail ballots and electronic records from voting machines. Eleven months later, Longoria said she has turned her attention toward preparing for future elections.

“I’m now being blindsided about an audit that we have no information on and no direction on,” Longoria said. “My job is protect the voters… not just open up the books to whoever has a new conspiracy of the day, and let you run rampant with confidential election records.”

County Attorney Christian Menefee said the Texas audit “is clearly being done in bad faith” since it was announced just hours after Trump requested it. All three Harris County officials said they will comply with the law and any potential rulings from judges, but would otherwise not take the audit effort seriously.

“The goal of this is to intimidate our election workers and the folks who volunteer in elections, to undermine our confidence in democracy and to pander to … a gentleman who lost an election 11 months ago,” Menefee said. “We’re going to continue to push back where appropriate.”

Commissioners Court is divided over party lines on the audit. The two Democratic commissioners, Adrian Garcia and Rodney Ellis, said they agreed with Hidalgo’s criticism. Republican Precinct 3 Commissioner Tom Ramsey said despite county elections officials’ assurances that the 2020 contest was conducted securely, he does not know if that is accurate.

“I think there’s enough questions there,” Ramsey said. “Obviously, you need to go back and look at the numbers. Just because there hasn’t been anything (found) at this point, doesn’t mean it didn’t happen. That’s why you do an audit.”

OK, I’m back on the “redistrict that guy into oblivion” train. Harris County deserves way better than that.

Not just our county officials, either.

“The conspiracy theorists who want to come up with all these ways or reasons why this election wasn’t right — they might very well find something else [to doubt],” said Republican Tarrant County Judge Glen Whitley. “It’s time to move on.”

Whitley and officials in Harris also said they have not been told what the audits entail or what prompted them. They said they learned about them from a late Thursday press release sent by a spokesperson in the secretary of state’s office. Harris County Attorney Christian Menefee said an audit can have many forms, but Harris County elections administrator Isabel Longoria said her office hadn’t heard any details of what the state’s plans are as of noon Friday. Longoria said the county has already confirmed the results of the elections several times.

“If people want to hear it again and again and again and again, that nothing’s wrong — great,” she said. “But at what point are you going to be willing to hear the truth, that nothing was wrong with the November 2020 elections?”

[…]

Dallas County Judge Clay Jenkins, a Democrat, echoed Hidalgo’s remarks.

“This is a weak Governor openly and shamelessly taking his orders from a disgraced former President. Governor Abbott is wasting taxpayer funds to trample on Texans’ freedom to vote, all in order to appease his puppeteer,” Jenkins said over text message.

Jenkins said in an interview that Dallas County will not resist the audit for now — but if the state asks for more than what the county thinks is suitable under the election code, he could see challenging it in court.

Collin County had no comment at the time. Courage, y’all.

I’m sorry, I don’t have anything coherent to say about this. It’s bullshit all the way down, and I have a hard time taking its premise seriously enough to engage with it. But I will say this much, these guys have amazing timing.

On Friday afternoon, the leaders of the unorthodox 2020 election audit in Arizona announced the results of their monthslong, Trump ally–sponsored hunt for voter fraud in Maricopa County, which Joe Biden won by fewer than 11,000 votes out of millions cast.

The timing of the release hints at the significance of the audit’s findings. For months, Donald Trump has been billing the investigation as the thing that will provide definitive proof of his victory in Arizona. If the audit was going to show that the election was stolen from Trump by Democratic goons in cactus-covered antifa ski masks, why release it late on a Friday afternoon at a time usually reserved for dumps of information people want to go uncovered?

leaked report on Thursday evening offered an answer. The ballyhooed and controversially conducted hand count of nearly 2.1 million Maricopa County ballots still showed Biden defeating Trump, and though the margin changed by 360 votes it was actually Biden whose margin of victory grew from 45,109 to 45,469.

“This is yet the latest in a string of defeats for Donald Trump saying the election was rigged and fraudulent,” longtime Republican election attorney Benjamin Ginsberg said in a press call with the elections group States United. “[This] was their best attempt. This was an audit in which they absolutely cooked the procedures, they took funding from sources that should delegitimatize the findings automatically. This was Donald Trump’s best chance to prove his allegations of elections being rigged and fraudulent and they failed.”

It turns out that not even a partisan-funded and -conducted recount using procedures out of a Pee Wee Herman film could change the outcome. “The Cyber Ninjas couldn’t do the thing they were on the hook to do,” said cochairman of States United Norm Eisen.

I look forward to a similar result in Texas. Daily Kos and NPR have more.

Special session 3.0

Yeah, we knew it was coming. Still too soon.

Gov. Greg Abbott on Tuesday announced a third special legislative session that will begin on Sept. 20 and tackle redistrictingrestrictions on transgender student athletes and the ongoing COVID-19 pandemic.

“The Texas Legislature now has the opportunity to redraw legislative and congressional districts in accordance with the new census numbers,” Abbott said in a statement. “In addition to redistricting, there are still issues remaining that are critical to building a stronger and brighter future for all Texans.”

Lawmakers, who will meet in Austin for the fourth time this year, will also be tasked with allocating $16 billion in federal COVID-19 relief funds and with deciding whether state or local governments can mandate COVID-19 vaccines. Abbott also included on his five-item agenda a bill that would ban the tethering of dogs outside with heavy chains, which he had vetoed earlier this year. Abbott asked lawmakers to address concerns he had about the specificity of the bill and “over-criminalization.”

The Legislature just wrapped its second overtime round on Thursday, delivering on major conservative priorities like an elections law that restricts how and when voters cast ballots, a ban on how teachers can talk about race and history in classroomsbillions of dollars in additional border security funding and further restricting abortion access.

But lawmakers failed to deliver on two issues pushed by the GOP base: requiring transgender student athletes to play on teams based on the gender assigned to them at or near birth, and banning COVID-19 mandates.

Abbott had asked lawmakers to ban mask mandates in schools during the second special session but lawmakers could not get that proposal over the hump. Now, Abbott is asking the Legislature to decide whether state or local governments can mandate COVID-19 vaccines.

The bills about transgender student athletes and COVID-19 mandates will likely turn up the heat on an already contentious 30-day session. Lawmakers will take up their decennial redrawing of the state’s political maps, meaning some legislators will be fighting for their political lives. (Redistricting usually takes place during the first legislative session after the census, but it was delayed this year because of setbacks spurred by the coronavirus and the Trump administration’s handling of the census data.)

Like I said, we knew it was coming. I don’t know if the lawsuit that was filed by two State Senators to stop legislative redistricting will be successful, but I have to assume there will be a ruling of some kind before this session gets underway. The continued assault on trans kids is sadly unsurprising; the lack of a fraudit item is at least temporarily hopeful. I mean look, none of us want another special session. I’m sure that wearing us all down is part of the plan. But here we are anyway. Oh, and Abbott et al will try to do a bit of cleanup on the so-called “heartbeat bill” since none of them know how to talk about the lack of a rape or incest exemption. So we have that to look forward to as well.

Sine die’d

Special session 2.0 is over. And what a lousy thing it was.

The Texas Legislature adjourned its second special session Thursday evening, ending a nearly 30-day stretch that was called to pass a GOP elections bill after House Democrats carried out a weekslong quorum break to block the passage of that legislation during the summer’s first overtime round.

The two chambers gaveled out minutes apart after giving final approval to a number of Gov. Greg Abbott’s agenda items, including so-called critical race theory legislation and a bill that will, among other things, restore funding for the Legislature itself.

The House adjourned first, with House Speaker Dade Phelan, R-Beaumont, wishing members a happy Labor Day weekend before gaveling out.

Over in the Senate, Lt. Gov. Dan Patrick told senators he was proud of their work and nodded to another yet-to-be-called special session that will focus on the redistricting process in the coming weeks — where lawmakers will draw new political maps for the state’s congressional delegation, the Legislature and the State Board of Education.

“We’ll be back soon,” he said. “There’s a little bit of unfinished business yet to be done.”

Earlier Thursday, state lawmakers passed legislation that restores funding for the Legislature — including salaries and benefits for some 2,100 state employees — that was set to run out at the end of the month after Abbott vetoed those dollars earlier this summer. The governor’s veto was intended as retribution for House Democrats who walked out of the Capitol in the final hours of the regular legislative session to block a GOP elections bill in May.

In addition to restoring the funding, the Legislature this week passed a similar version of that controversial GOP elections bill. State lawmakers also reworked the process for releasing accused criminals on bail, beefed up border security fundingexpanded virtual learning for studentsrestricted use of abortion-inducing drugs and banned the storage or disposal of high-level radioactive waste in Texas.

The small bit of good news is that the transgender sports bill and the last-minute fraudit bill did not pass, though as noted there will be another shot at that. Redistricting is up next, and the rumor mill suggests we will have two weeks off before the machinery cranks up again. I suppose it’s possible there could be a temporary restraining order in the lawsuit filed against doing legislative redistricting, but as Congressional redistricting would still be on the menu that would not stop the session from being needed. Anyway, enjoy the brief respite before the next bout of madness begins.

Of course there’s time for a stupid election “audit” bill

Of course there is.

Fresh off their success passing legislation to tighten Texas voting laws, Republicans in the Texas Senate are working to hastily push through a bill filed just two days ago that would pave the way for county audits of the 2020 general election and set new rules for handling charges of irregularity in future elections.

The Texas Senate signed off on Senate Bill 97 on a 17-14 vote Thursday to create a new county-level auditing process for elections and give all state or county party officials the ability to trigger mandatory reviews. It was filed by state Sen. Paul Bettencourt, R-Houston, who has acknowledged the Senate is “operating a little bit at warp speed” to move the legislation in the waning days of the special legislative session.

The bill was filed Tuesday, the same day the Senate suspended three rules so the legislation could be considered in committee the next morning. It was voted out Wednesday by the Republican-majority committee, setting it up to reach the Senate floor Thursday, where more rules were suspended to grant it swift passage.

It’s unclear whether the bill will make it to the governor’s desk before the end of the special session on Sunday. An identical bill was filed in the House on Wednesday but has not yet moved forward in that chamber.

“This bill, SB 97, is about election irregularities, giving a chance for the people involved to ask questions,” Bettencourt said before the Senate’s vote. “This is not about anything else except what gets measured gets fixed because if we know why they’ve had that discrepancy, we can fix the problem in the future.”

[…]

Under SB 97, state or county party chairs could mandate a review of the 2020 election simply by submitting a request in writing to a county clerk. Those election officials would then be responsible for forming an “election review advisory committee” based on a list of voters in the county submitted by Republican and Democratic county chairs.

The review would generally include all in-person and mail ballots from Election Day in randomly selected county precincts and some early voting ballots, giving committee members access to all of the ballots cast in three to five races, one of which must be for a federal office, a statewide office or a county office.

The Texas secretary of state would be charged with setting an “acceptable margin of error” between ballots and the final vote counts. Discrepancies outside the margin of error would trigger additional reviews, including a countywide audit for races for federal, statewide or county offices.

Audit results outside the margin of error would prompt an analysis by the secretary of state to determine likely causes for the discrepancies and recommended corrective action.

In future elections, a second part of the bill would allow candidates, county party chairs, presiding polling place judges or heads of political action committees that took a position on a ballot measure to push for audits if they suspect irregularities.

That process would begin with a written request to the county clerk for an “explanation and supporting documentation” for alleged irregularities or election code violations. If the person requesting the review is not “satisfied” with the response, they could request “further explanation.” If they are still unhappy, they could turn to the Texas secretary of state to request an audit of the issue.

If the secretary of state determines the county’s explanations are inadequate, it must immediately begin an audit of the issue at the expense of the county. If a violation is identified, the state can issue $500 penalties for each violation that is not corrected by the county clerk within 30 days.

It’s not as stupid and cynical as the fraudit proposed by Rep. Steve Toth, but it’s still stupid and cynical and completely unnecessary. It’s designed to sow doubt and uncertainty, and it’s going to be another hassle and unreimbursed expense for county election officials to deal with. Specifically, this is aimed at the big urban Democratic counties, though I suppose there’s nothing stopping Democrats in the other counties from doing the same thing. There may or may not be time for this to get a vote in the House even with the ridiculous speed this was given in the Senate, but there will be at least one more special session, and Greg Abbott wants to put this on the agenda, he can.

Sure, let’s have a fraudit here in Texas

What could possibly go wrong?

Unfair to clowns, honestly

Republican House members are seeking a forensic audit of the November election results, but only in Texas’ largest counties that mostly went for Democrat Joe Biden.

Legislation filed by Rep. Steve Toth, R-The Woodlands, requires the state’s Republican leadership to appoint an “independent third party” to carry out the audit. Among the bill’s 15 GOP co-authors are Deer Park Rep. Briscoe Cain, who chairs the House Elections Committee, and Cypress Rep. Tom Oliverson, vice chairman of the House Republican Caucus.

“Texans want to know more about the claims of voter fraud and deserve to have confidence in their elections,” Toth said in a statement about House Bill 241. “Voters want to know that their legal vote counts and matters.”

The legislation will likely go nowhere in the 30-day special session, since Democrats’ walkout stopped the GOP-led House from conducting any business. But the push shows how, despite no evidence of widespread fraud and in a state Donald Trump carried, some Republicans are still raising questions about the 2020 election results six months after Biden took office.

[…]

Rep. Chris Turner, who chairs the Texas House Democratic Caucus, said Tuesday that the legislation sounds like “it’s all based on the lie that there’s widespread voter fraud and Donald Trump really won the election.”

“I don’t know if these folks are aware of it, Trump actually did carry Texas,” said Turner, D-Grand Prairie. “So I’m not sure what they’re trying to find in their audit.”

The same thing they’ve been looking for from the beginning, which is strategies, methods, and justifications for delegitimizing Democratic votes and voters, especially non-white votes and voters. The tell is in the way the size of the counties that are in scope for this is defined: Counties with at least 415,000 people, which as noted are the top 13 counties by population in Texas. Why stop there, and why such a weird population cutoff number? Well, if you take the next 13 counties, 11 of them were carried by Trump. If you go down to the next 13 on the list, which gets you to all counties with at least 100,000 people (a much nicer, rounder number than 415,000), all 13 were won by Trump. It’s just that simple – maximize the scrutiny on Democratic counties and find ways to make them look suspicious, while minimizing it on Republican counties. It’s genius, in its malicious way. And by the way, this isn’t just my inference. It’s what Steve Toth has explicitly said.

Now some of these counties not-top-13 counties were close – Jefferson and Nueces were just barely won by Trump – and some others are (as we have seen) clearly trending Democratic, like Brazos and Brazoria. But still, they were won by Trump and thus are not of interest to anti-democrats like Toth and Cain. Ken Paxton, who knows a thing or two about making egregiously false claims about the 2020 election, has signed on to this farce as well. Does anyone think Greg Abbott will resist? Hope he’s distracted by some other shiny object, or that someone reminds him of how these audits have caused tons of election equipment to be decertified as a result of being mauled by the incompetent frauditors. As with everything else at this point, if they want to do it and a quorum exists, there’s precious little Dems can do to stop them.