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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.

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.

Early voting starts today

From the inbox:

EarlyVoting

Harris County Clerk Stan Stanart announced today that 46 locations will be open Monday, October 24 to Friday, November 4 where voters in the third largest County in the nation may cast ballots during the early voting period for the November 8, 2016 Election.  The total is approximately 25 percent more than the number of early voting locations available in the County during the previous presidential election.

“Since the 2012 Election, nine additional early voting locations have been added. Additionally, the time to vote during the first week of early voting has been extended to 6:00 pm,” said Stanart, the chief election official of the County.

“I expect approximately 800,000 voters will choose to vote during the early voting period for this election.  Preparedness on the part of the County Clerk’s Election Division, as well as voters,  is key to a successful election,” added Stanart.

To ensure the voting process is a pleasant experience, the chief election officer of the County  has a few suggestions for voters heading to the polls:

1.   Voters should confirm voter registration status. A voter registration search can be performed athttp://www.hctax.net/voter/search;

2.   Voters should study a sample ballot, mark it, and take it to the poll. Voters can download a voter-specific ballot at www.HarrisVotes.com;

3.   Voters should identify the nearest or most convenient early voting location. Voters can vote at any one of the 46 early voting locations;

4.   Voters should find out what photo identification is acceptable to vote at the poll, what other identification options are now available to vote a regular ballot, and what identification expedites the qualification process. The voter identification guidelines are available at www.HarrisVotes.com;

5.   Voters should NOT wear clothing or paraphernalia that promotes a party, a candidate or a proposition to the poll;

6.   Voters should be aware that the use of electronic devices is prohibited inside the poll. The right to cast a secret ballot must be respected;

7.   Voters should not wait until the last minute to vote early. During peak voting hours, the wait time could be  longer than we wish.

“Don’t procrastinate. Do your homework.  Then, go vote early,” summed up Stanart. “For voters in Harris County, voting early is the simplest and easiest method of voting. ”

To obtain the early voting schedule, a list of acceptable credentials to vote at the polling location and other election information, voters may visit the Harris County Clerk’s website at www.HarrisVotes.com or call 713.755.6965.

Early Voting Days and Hours

October 24 – October 28: 8:00 a.m. – 6:00 p.m.

October 29: 7:00 a.m. – 7:00 p.m.

October 30: 1:00 p.m. – 6:00 p.m.

October 31 – November 4: 7:00 a.m. – 7:00 p.m.

November 8, 2016 Early Voting Locations, Harris County, Texas
Location Address City Zip
Harris County Administration Building 1001 Preston Street Houston 77002
Champion Forest Baptist Church 4840 Strack Road Houston 77069
Prairie View A&M University Northwest 9449 Grant Road Houston 77070
Baldwin Boettcher Branch Library 22248 Aldine Westfield Road Humble 77338
Kingwood Branch Library 4400 Bens View Lane Kingwood 77345
Lone Star College Atascocita Center 15903 West Lake Houston Parkway Houston 77044
Crosby Branch Library 135 Hare Road Crosby 77532
Kyle Chapman Activity Center 7340 Spencer Highway Pasadena 77505
Freeman Branch Library 16616 Diana Lane Houston 77062
Harris County Scarsdale Annex* 10851 Scarsdale Boulevard Houston 77089
Juergen’s Hall Community Center 26026 Hempstead Highway Cypress 77429
Tomball Public Works Building 501B James Street Tomball 77375
Hiram Clarke Multi Service Center 3810 West Fuqua Street Houston 77045
Katy Branch Library* 5414 Franz Rd Katy 77493
Lone Star College Cypress Center 19710 Clay Road Katy 77449
Harris County MUD 81 805 Hidden Canyon Road Katy 77450
Nottingham Park 926 Country Place Drive Houston 77079
Harris County Public Health Environmental Services 2223 West Loop South Freeway Houston 77027
Metropolitan Multi Service Center 1475 West Gray Street Houston 77019
City of Jersey Village City Hall 16327 Lakeview Drive Jersey Village 77040
Richard & Meg Weekley Community Center 8440 Greenhouse Road Cypress 77433
Bayland Park Community Center 6400 Bissonnet Street Houston 77074
Tracy Gee Community Center 3599 Westcenter Drive Houston 77042
Bear Creek Park Community Center 3055 Bear Creek Drive Houston 77084
Trini Mendenhall Community Center 1414 Wirt Road Houston 77055
Acres Homes Multi Service Center 6719 West Montgomery Road Houston 77091
Fallbrook Church 12512 Walters Road Houston 77014
Lone Star College Victory Center 4141 Victory Drive Houston 77088
Hardy Senior Center 11901 West Hardy Road Houston 77076
Northeast Multi Service Center 9720 Spaulding Street, Building 4 Houston 77016
Octavia Fields Branch Library 1503 South Houston Avenue Humble 77338
Kashmere Multi Service Center 4802 Lockwood Drive Houston 77026
North Channel Branch Library 15741 Wallisville Road Houston 77049
Alvin D. Baggett Community Center 1302 Keene Street Galena Park 77547
Ripley House Neighborhood Center 4410 Navigation Boulevard Houston 77011
Baytown Community Center 2407 Market Street Baytown 77520
John Phelps Courthouse 101 North Richey Street Pasadena 77506
HCCS Southeast College 6960 Rustic Street, Parking Garage Houston 77087
Fiesta Mart 8130 Kirby Drive Houston 77054
Sunnyside Multi-Purpose Center 9314 Cullen Boulevard Houston 77033
Palm Center 5300 Griggs Road Houston 77021
Moody Park Community Center 3725 Fulton Street Houston 77009
SPJST Lodge 88 1435 Beall Street Houston 77008
Alief ISD Administration Building 4250 Cook Road Houston 77072
Champion Life Centre 3031 FM 2920 Road Spring 77388
Lone Star College – Creekside Center 8747 West New Harmony Trail Tomball 77375
* Indicates New Location

www.HarrisVotes.com

That of course is for Harris County. Early voting information for some other counties of interest:

Fort Bend
Brazoria
Galveston
Montgomery

Check your local county clerk or election administrator if you are elsewhere.

Battleground Texas reminds you what form of ID is acceptable:

The state of Texas has made it easier for more Texans to vote in this election by expanding the types of identification that a voter can present at the polls!

If you don’t have a photo ID (reminder of the accepted forms of photo ID here), you’ll just need to fill out a short form stating the reason why you haven’t been able to get one and swearing that you are who you say you are.

Then you can present any government document that lists your name and address. A copy of the document will do, unless it has a photo, in which case be sure to bring the original. Poll workers cannot question or challenge you regarding your lack of a photo ID.

If you don’t have a photo ID, bring one of these documents to the polls:

  • Voter registration certificate (the card mailed to you shortly after you register to vote)
  • Certified birth certificate (original)
  • Current utility bill (copy or original)
  • Bank statement (copy or original)
  • Government check (copy or original)
  • Paycheck (copy or original)

Election poll workers are prohibited by law from challenging your reason for being unable to obtain a photo ID. If you experience any issues at the polls, call our Voter Protection Hotline at 1-844-TXVOTES, and we can help.

Voters with a disability may apply with the county voter registrar for a permanent exemption to showing ID at the polls.

And here’s a guide as to what poll watchers may and may not do.

Poll watchers may look on as voters cast ballots or as officials count them. They can also observe inspection of voting machines. But they can’t talk to voters or election officials unless they are reporting an irregularity to an election officer. They also can’t make audio or video recordings or take photos inside a polling place.

The Texas Election Code includes several other rules governing poll watchers:

  • They must be eligible to vote in the county where they they are serving (or in elections limited to a smaller jurisdictions, they must be eligible to vote in those communities).
  • They must present a “certificate of appointment” to the election judge at a polling station and the certificate must come from the political party, candidate or ballot measure group that appointed them (Groups of registered voters may also appoint poll watchers on behalf of certain write-in candidates.).
  • They may not access a voting station while someone is casting a ballot.
  • State law also prohibits poll watchers — or any voter, for that matter— from wearing a badge, insignia or emblem related to a candidate, measure or party on the ballot within 100 feet of a polling place’s door.

Here are two other relevant rules:

  • Parties, candidates and campaigns may not appoint more than two watchers at each precinct polling spot, early voting ballot board meeting or central counting station. They may appoint as many as seven watchers to each early voting polling location, but no more than two may serve at the same time.
  • Candidates on the ballot may not serve as poll watchers during their own elections. State law also bars from the following from serving: current public office holders, close relatives of election judges at the polling place and people convicted of election-related offenses.

Bottom Line: Poll watching is a common practice in Texas elections, but those who do it must follow plenty of rules.

Here’s a Chron story about poll watchers and the Trump-inspired hysteria that has boosted their numbers. Make no mistake, some number of them will be up to no good and should be closely watched themselves. On the plus side, there will be no Russian poll watchers, which is a sentence I never thought I’d type. If you see poll watchers engaging in activities they shouldn’t be, I strongly urge you to call your elections administrator and county party. I haven’t seen an announcement that the HCDP has set up a hotline for such complaints, but their main number is 713-802-0085 if you need it. Now go forth and vote. I expect it will be a busy early voting period.

Who watches the election watchers?

What could possibly go wrong with this?

In 2012, Greg Abbott caused a stir when he issued this warning to international election observers: Don’t set foot inside Texas polling places.

Abbott, then the attorney general, was worried the Organization for Security and Co-operation in Europe — which routinely dispatches election monitors to the United States and other countries and had met with opponents of Texas’ voter ID law — could interfere with general election voting.

“Our concern is that this isn’t some benign observation but something intended to be far more prying and maybe even an attempt to suppress voter integrity,” he told Reuters at the time. He even threatened to “bring criminal charges if needed.”

But four years and one presidential cycle later, Texas officials are so far silent about a possible fleet of partisan election observers Republican presidential nominee Donald Trump is urging to the polls.

“Help Me Stop Crooked Hillary From Rigging This Election!” pleads a volunteer sign-up form on the real estate mogul’s website.

Trump’s campaign — which did not respond to requests for comment for this article — has not released details on its poll-watching strategy, or how it plans to ensure volunteers abide by state and federal laws. Texas law allows candidates and political parties to appoint a limited number of poll watchers as long as they follow a litany of rules. But a robust monitoring effort like the one Trump is calling for is rare in the United States.

“It’s something you’re more likely to find in the developing world,” said Mark Jones, a political science fellow at Rice University’s Baker Institute.

“You’re more likely to have people that disrupt the process than actually monitor,” he added.

Do tell. The good news is that the dumpster fire that is the Trump campaign is unlikely to actually execute a program of putting “poll watchers” into place. That’s way too much detail work for them. The bad news is that Trump’s rhetoric about “rigged elections” is likely to spur lone-wolf activism, which has the potential to be awful and even violent. The worse news is that Greg Abbott and Ken Paxton are unlikely to do anything about that. It’s not their concern. I don’t really know what to suggest here.