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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.

October Census deadline restored

Good news, though as with everything we can’t be sure just yet that it’s for real.

A federal judge in California late Thursday blocked the Trump administration from stopping the 2020 Census count next week, saying it should continue until Oct. 31, the date the Census Bureau had planned on before the administration abruptly shortened the count.

U.S. District Judge Lucy Koh in the Northern District of California granted a preliminary injunction in the case brought by the National Urban League — a group of counties, cities, advocacy groups and individuals — and other groups. Koh had, earlier this month, issued a temporary restraining order to keep the count underway. The case is likely to be appealed to the U.S. Supreme Court.

In a hearing Tuesday, Koh had expressed irritation with Justice Department lawyers for missing a deadline she had set for them to produce internal documents connected to the case.

She referred repeatedly to documents finally released over the weekend and Monday in which career bureau officials said the data could not be properly collected and delivered to the president on the government’s new timeline.

See here and here for the background. The Chron lays out what’s at stake locally.

Natalia Cornelio, legal affairs director for [County Commissioner Rodney] Ellis, said at the point Trump yanked back the deadline in early August, only 63 percent of households nationwide and 54 percent in Houston had responded to the census.

Despite those numbers, on Aug. 3, the census director abruptly announced what the court is calling the “re-plan,” which shortened the timeline for households to respond by Sept. 30.

Cornelio said the accuracy of the census count is critical to Harris County’s future.

“Its outcome determines political representation and billions of dollars of funding for healthcare, education, disaster relief, and housing,” she said.

Right now, Harris County is looking at an estimated undercount of 600,000 households, based on data from Civis Analytics, the company the county has partnered with to track its census outreach, she said.

One area likely to suffer from an undercount is the southern portion of the county, a pie-slice-shaped region extending from downtown Houston to Bellaire to League City, according to Steven Romalewski, who maps census data for the Center for Urban Research at CUNY. In that area, 11 percent of the door-knocking has yet to be completed, a feat that would likely would have been impossible with less than a week to spare to the Sept. 30 deadline, he said.

In parts of Fort Bend and Galveston counties, nearly 18 percent of the door-knocking needs to be finished. And in Montgomery County 12 percent of homes have yet to be documented.

Romalewski said the ruling could have a major impact on areas with a relatively low “completion” rate for the door-knocking operation that’s meant to visit every household that has not responded. With more time to complete the process, census enumerators can attempt to visit households more than once and will be likelier to talk with someone in-person or determine that a unit is vacant. The fallback, which census officials consider less accurate, is to to count residents through administrative records.

I have a hard time understanding why any decent person would think this was a good state of affairs. At least we have a chance now to try and get this close to correct. That’s pending the likely appeal to SCOTUS, and who knows what they may do at this point. But at least for now, there’s a chance.

Census shenanigans halted for now

Good.

[On] Saturday, US District Judge Lucy Koh issued a temporary restraining order to stop Census Bureau officials from winding down door-knocking and online, phone, and mail response collection by September 30—a month early—writing that the shortened census timeline could cause “irreparable harm.”

“Because the decennial census is at issue here, an inaccurate count would not be remedied for another decade, which would affect the distribution of federal and state funding, the deployment of services, and the allocation of local resources for a decade,” Koh wrote.

The US Census Bureau had originally planned to end their count by October 31, a date chosen to accommodate delays caused by the pandemic. But on August 3, the bureau announced that it would stop collecting census responses by the end of September, and was attempting to “improve the speed of our count without sacrificing completeness.” At the time, just 63 percent of households had responded. Immediately afterward, four former census bureau directors issued a public statement explaining that a shortened timeline would “result in seriously incomplete enumerations in many areas of the country.” Later that month, the Government Accountability Office, a nonpartisan watchdog, also reported that “compressed timeframes” in the 2020 census could undermine the overall quality of the census count.

Now, at least until a hearing on September 17, the Census Bureau may not take steps to wind down its counting operations, such as terminating field staff.

The Chron adds some detail.

At a hearing Friday, Justice Department attorney Alexander Sverdlov told Koh that any “anxiety” about the census was “not warranted” and that operations were shutting down only when 85% to 90% of residents in a particular locale had responded. He argued in a court filing that said the government’s “decisions on how and when to complete a census turn on policy choices that are unreviewable political questions.”

The population count is crucial for states’ U.S. House representation and the distribution of $800 billion in federal aid each year. Separately, President Trump is seeking to exclude undocumented immigrants from the census, an action challenged by California and other states in multiple lawsuits.

Koh questioned the government’s explanations at Friday’s hearing and was equally skeptical in Saturday’s ruling.

The administration has insisted that moving the deadline up to Sept. 30 was necessary to deliver the census results to the president by Dec. 31, rather than by next April, under a previous timetable. But Koh said the Census Bureau’s deputy director, Albert Fontenot, “acknowledged publicly less than two months ago that the bureau is ‘past the window of being able to get accurate counts to the president by Dec. 31.’” She said the bureau’s head of field operations made the same admission in May.

Koh also quoted Fontenot as saying, in a court filing Friday night, that the bureau has begun terminating its temporary field staff in areas that have completed their work, and it is difficult to bring them back. That underscores the need for a restraining order halting any further cutbacks until the legality of the one-month delay is resolved, she said.

See here for the background. Harris County, along with Commissioners Ellis and Garcia, are among the plaintiffs in this lawsuit. Perhaps if we can wait to deliver the results to the President until, say, January 21, we can feel a bit more comfortable that they will get a proper review, and that the data is sufficiently accurate. Perhaps we could also then see about fixing anything that was clearly effed up thanks to the Trump team’s constant efforts at sabotage. If we are blessed with an all-Democratic government, we can pass a bill to allow statistical sampling, which would help a lot. There’s no reason to trust anything this administration has done with the Census, and every reason to give a new administration a chance to fix the more egregious errors. The Trib has more.

Lawsuit filed to restore original Census deadline

Good.

Citing the high stakes of a botched census, Harris County and two of its Democratic county commissioners have signed on to a federal lawsuit trying to block the Trump administration’s efforts to end counting for the 2020 census a month earlier than planned.

The constitutionally required count of everyone living in the country had been extended due to the coronavirus pandemic and was to run through Oct. 31. But the Census Bureau announced earlier this month it will end the count sooner, moving up the deadline for responding to Sept. 30.

A federal lawsuit filed Monday in California alleges that the shortened schedule is unconstitutional because it will not produce a fair and accurate count and that the Census Bureau’s move violates federal administrative law because the decision was “arbitrary and capricious.”

The lawsuit is led by the National Urban League and the League of Women Voters. Harris County, which is the state’s largest, joined in along with other local entities including the city of Los Angeles and King County in Washington. Harris County Commissioners Rodney Ellis and Adrian Garcia are signed on as individual plaintiffs.

“Undercounted cities, counties, and municipalities will lose representation in Congress and tens of millions of dollars in funding,” the lawsuit reads. “And communities of color will lose core political power and vital services. In contrast to these dire stakes, the immediate solution to this problem is simple: set aside and enjoin implementation of the impossibly-shortened Rush Plan, which is based on an unexplained change of position, and allow the Census Bureau to implement the plan that it had designed to fulfill its constitutional duties during the pandemic.”

[…]

The October cutoff had offered organizers crucial overtime for the count after the coronavirus pandemic derailed canvassing and outreach efforts that in some regions of the state, like in Harris County, had been in the works for years.

But those efforts have been further disrupted by what Harris County and other plaintiffs in the lawsuit dubbed as the “rush plan.” Mailers ordered before the change had to be redone, with county workers forced to purchase stickers to cover the old deadline on those materials.

In announcing the new deadline, Census Bureau Director Steven Dillingham said the bureau planned to hire more employees “to accelerate the completion of data collection” and avoid a delay in reporting counts for seats in Congress and the distribution of redistricting data.

“The Census Bureau’s new plan reflects our continued commitment to conduct a complete count, provide accurate apportionment data, and protect the health and safety of the public and our workforce,” Dillingham said in a statement.

But the earlier deadline has heightened the possibility that Texas will be undercounted and that low-income and Hispanic Texans in particular — who were already at the highest risk of being missed — will go uncounted at a time when the coronavirus pandemic is ravaging their communities.

here for some background, and here for a peek at the lawsuit. Combined with Donald Trump’s surely illegal order to keep undocumented immigrants from being counted for the purposes of apportionment, it’s like Trump and his enablers really don’t want Texas to get any additional Congressional districts next decade. I continue to marvel at Greg Abbott and Dan Patrick and Ken Paxton’s ability to shrug that kind of insult off. By the way, that “arbitrary and capricious” language is a sign that the plaintiffs are aiming for a ruling that Trump has once again violated the Administrative Procedures Act, the federal law that has killed multiple similar efforts by Trump in the past. Let’s hope we can add this one to that trash heap.