Off the Kuff Rotating Header Image

Social Security number

We have a final count of rejected mail ballots

About one in eight got canned. That’s a lot.

The votes of more than 24,000 Texans who tried to cast ballots by mail were thrown out in the March primary — a dramatic increase in rejected ballots in the first election held under a new Republican voting law.

Roughly 12.4% of mail-in ballots returned to the state’s 254 counties were not counted, according to figures released Wednesday by the Texas secretary of state. Just over 3 million people voted overall in the low-turnout primary.

Of 24,636 rejected mail-in ballots, 14,281 belonged to voters attempting to participate in the Democratic primary, and 10,355 belonged to voters in the Republican primary. But the rejection rate by party was fairly aligned; 12.9% of Democratic ballots were rejected and 11.8% of Republican ballots were rejected.

Put another way, 1 in every 8 mail-in voters lost their votes in their primary. The rate amounts to a significant surge in rejections compared with previous years, including the higher-turnout 2020 presidential election, when less than 1% of ballots were tossed.

Data previously collected by The Texas Tribune found rejection rates ranging from 6% to nearly 22% in 16 of the state’s 20 counties with the most registered voters, which overall rejected 18,742 mail-in ballots. In most cases, county officials said, ballots were rejected for failing to meet new, stricter ID requirements enacted by the Republican-controlled Legislature last year that require voters to provide their driver’s license number or a partial Social Security number to vote by mail.

By contrast, the U.S. Election Assistance Commission found less than 2% of mail-in ballots were rejected statewide in the 2018 midterm election. The statewide rejection rate in the 2020 presidential election was less than 1%. In the higher-turnout 2020 election, 8,304 ballots were tossed statewide. In the 2022 primary — for which turnout fell shy of 18% — roughly three times as many ballots were rejected.

The data released by the secretary of state is the most official measure of the fallout of the tighter restrictions on voting by mail, which have so far proven the most frustrating aspect of Republicans’ voting law in its first test.

See here for the previous update. A little back of the envelope math says there were about 200K total mail ballots submitted for the primaries. That suggests maybe 600-800K mail ballots for the general, and about 75-100K rejections if nothing changes. Like I said, that’s a lot. I will say again, we can do something about this to reduce that number, and for all the obvious reasons we need to make that a top priority. The May runoff will hopefully give us a progress report on that. I suppose now that we have actual real world data of this effect of SB1, it may help make the case against it in the litigation, as the harm is now real and not theoretical. We’ll know when we hear about updated filings. In the meantime, make a priority of educating everyone you know about the new requirements so that they can be prepared for the next time they vote.

Still more on the mail ballot rejections

The Associated Press moves the ball forward now that the votes have been canvassed.

Texas threw out mail votes at an abnormally high rate during the nation’s first primary of 2022, rejecting nearly 23,000 ballots outright under tougher voting rules that are part of a broad campaign by Republicans to reshape American elections, according to an analysis by The Associated Press.

Roughly 13% of mail ballots returned in the March 1 primary were discarded and uncounted across 187 counties in Texas. While historical primary comparisons are lacking, the double-digit rejection rate would be far beyond what is typical in a general election, when experts say anything above 2% is usually cause for attention.

“My first reaction is ‘yikes,’” said Charles Stewart III, director of the Election Data and Science Lab at the Massachusetts Institute of Technology. “It says to me that there’s something seriously wrong with the way that the mail ballot policy is being administered.”

Republicans promised new layers of voting rules would make it “easier to vote and harder to cheat.” But the final numbers recorded by AP lay bare the glaring gulf between that objective and the obstacles, frustration and tens of thousands of uncounted votes resulting from tighter restrictions and rushed implementation.

In Texas, a state former President Donald Trump easily won although by a smaller margin than 2016, the trouble of navigating new rules was felt in counties big and small, red and blue. But the rejection rate was higher in counties that lean Democratic (15.1%) than Republican (9.1%).

[…]

The AP counted 22,898 rejected ballots across Texas by contacting all 254 counties and obtaining final vote reconciliation reports. Some smaller counties did not provide data or respond to requests, but the 187 counties that provided full numbers to AP accounted for 85% of the 3 million people who voted in the primary.

Last week, AP reported that 27,000 ballots had been flagged in Texas for initial rejection, meaning those voters still had time to “fix” their ballot for several days after the primary and have it count. But the final figures suggest most voters did not.

The most rejections were around Houston, a Democratic stronghold, where Harris County elections officials reported that nearly 7,000 mail ballots — about 19% — were discarded. During the last midterm elections in 2018, Texas’ largest county only rejected 135 mail ballots. Harris County elections officials said they received more than 8,000 calls since January from voters seeking help, which they attributed to “confusion and frustration” over the new requirements.

In the five counties won by Trump that had the most mail-in primary voters, a combined 2,006 mailed ballots were rejected, a rate of 10% of the total. In the counties won by Biden with the most mail-in voters, which include most of Texas’ biggest cities, a combined 14,020 votes were similarly rejected, which amounted to 15.7%.

[…]

It is unknown how many Texas voters whose mail ballots were rejected may have still had their vote count by deciding to just show up in person instead.

Sam Taylor, a spokesman for the Texas secretary of state, said the office did not yet have its own final comprehensive numbers on ballot rejections. He said a “significant portion” of their efforts this year will be awareness about the new mail-in rules.

“We are confident we will have all the information we need to apply any lessons learned during the primary to an even more robust voter education campaign heading into the November general election,” he said.

See here and here for the background. Saying that “the rejection rate was higher in counties that lean Democratic than Republican” is suggestive but not conclusive. We don’t know how many counties are included in that tally, how many of them were blue and how many red, how blue and how red they were, and most importantly how many ballots from each primary were rejected. Republican counties, especially the smaller ones, are a lot more red than Democratic counties are blue, though the Dem counties have a lot more voters in them. A lot of those Republican counties also have many more Republican primary voters than Democratic primary voters. We still need to have a total number of ballots rejected for each party to get a better idea of how this actually played out.

The Statesman adds on.

In the Austin-area counties, the overwhelming majority of the rejections were due to the law’s stricter ID requirement, which has caused confusion for voters since counties opened applications for absentee ballots earlier this year.

“It’s typical to see ballots rejected because they’re received after a statutory deadline — and we still had many ballots that were rejected for that reason — but the more prevalent cause in this case was ballots rejected for lack of the proper ID number, or ID issues,” said Chris Davis, elections administrator for Williamson County.

“It led to much higher numbers than we’ve ever seen, in terms of rejected ballots,” he said.

Mail-in ballot rejection rates in the primary election ranged from 7% to 11% in Austin-area counties, with more than 1,500 votes tossed out across Travis, Williamson, Bastrop and Caldwell counties.

Those rates far exceed previous elections. In the 2018 primary, the rejection rate for mail-in ballots in Travis County was about 2%.

[…]

In Travis, Williamson, Bastrop and Caldwell counties, rejection rates ranged from 7% to 11% in the most recent election. The elections administrator in Hays County, Jennifer Doinoff, did not return multiple requests for information.

Official tallies for Travis County showed 948 absentee ballots were rejected out of 11,602 turned in to the county. Victoria Hinojosa, spokeswoman for the Travis County election administrator, said 72% of the rejected ballots were cast in the Democratic primary and 28% in the Republican primary.

Hinojosa said a majority of the rejected ballots were denied due to ID issues. Originally, at least 16% of absentee ballots received by the county were rejected, but Hinojosa said that number was cut in half as voters corrected ID errors after being notified by the county of the mistake.

The new election law requires counties to contact voters who made mistakes on their ballot to let them rectify problems before election day.

By comparison, Hinojosa said, in the 2018 primary 9,000 ballots were returned and about 2% were ultimately rejected.

In Williamson County, 11.6% of mail ballot voters had their ballots rejected. That rate was slightly higher among Republican voters (260 ballots out of 1,883 at a 13% rate) than Democratic voters (261 ballots out of 2,627 ballots at a 10% rate.)

Travis County had about 111K Democratic ballots overall, and about 48K GOP ballots. Which is to say about 70% of all ballots were Democratic, so if 72% of the mail ballots rejected were Democratic, that’s more or less in proportion.

Still, the basic outline is clear. This was a disaster, and it’s not at all a surprise that Greg Abbott et al have refused to comment on any of it. The one piece of good news is what I’ve been saying, that now that we know the scope of the problem we can work to overcome it. It’s going to take money and effort, and we shouldn’t have to do this, but we can. We really don’t have any choice. The Chron editorial board and Vox have more.

More data about mail ballot rejections

Keep it coming.

Thousands of Texans who attempted to vote by mail in the March primary were disenfranchised in the state’s first election conducted under a new Republican voting law. The state’s largest counties saw a significant spike in the rates of rejected mail-in ballots, most because they did not meet the new, stricter ID requirements.

Local ballot review boards met this week to finalize mail-in ballot rejections, throwing out 11,823 mail-in ballots in just 15 of the state’s 20 counties with the most registered voters. That doesn’t include Harris County, where thousands more votes had been flagged for rejection if voters couldn’t correct them in time. The final statewide count for rejected ballots is still unknown; counties are still reporting numbers to the Texas secretary of state’s office.

The rates of rejections range from 6% to nearly 22% in Bexar County, where almost 4,000 of the more than 18,000 people who returned mail-in ballots saw their votes discarded. In most cases, ballots were rejected for failing to comply with tighter voting rules enacted by Republicans last year that require voters to provide their driver’s license number or a partial Social Security number to vote by mail, according to rejection data collected by The Texas Tribune. A few counties’ rejection rates also included ballots that arrived past the voting deadline, but problems with the new ID requirements were the overwhelming cause for not accepting votes.

The impact of the ID requirements was particularly pronounced in several larger counties, including Bexar. In Dallas County, ID issues were to blame for nearly all of the lost votes reported, accounting for 682 of the 694 ballots that were rejected. Most ballots that were rejected because of the ID requirements were missing an ID number altogether. The county had an overall rejection rate of 6.5%

In Hays County, a suburban county south of Austin, all but one of the 208 rejected ballots were lost to ID issues. The county’s total rejection rate was 8.2%.

In Hidalgo County, just five of the 526 mail-in ballots that were rejected were scrapped because they arrived late. Most were rejected because of the ID requirements, officials said. The county had an overall rejection rate of 19.4%.

In Williamson County, roughly 73% of the 521 rejected ballots were lost to ID issues. The second main reason for rejection was late returns. Overall, 11.6% of ballots were rejected in the county.

[…]

Early rejection rates hovered between 30% to 40% but dropped as thousands of voters worked to safeguard their votes, often by visiting county elections offices after their ballots were flagged for rejection. Hundreds of other voters canceled their mail-in ballots and opted to vote in person instead, according to county data.

That included more than 300 voters in El Paso County who had initially requested absentee ballots but voted in person, with several voters surrendering their ballots at polling places. The county ended the election with a 16% rejection rate, throwing out 725 votes — 94% of them because of the ID rules.

“In the 2020 primary, we rejected 39 ballots,” Lisa Wise, the elections administrator in El Paso, said ahead of election day when the county had flagged more than a thousand ballots for review. “You don’t have to be a math wizard to see it.”

But the opportunity to resolve rejections — or to alternatively head to a polling place — was out of reach for some voters. County officials have said mail-in voters often include people for whom voting in person can be a challenge or who are unable to travel to the county elections office, which for voters in some counties can be a long distance away.

Voters facing a rejected ballot because of ID issues were also directed to the state’s new online tracker to try to validate their information, but technical issues with the tracker’s setup shut out nearly a million registered voters from even accessing it.

Under state law, a voter must provide both a driver’s license number and the last four digits of their Social Security number to log in to the tracker; both numbers must be on file in their voter record even though voters are required to provide only one number when they first register to vote.

Despite the secretary of state’s office’s efforts to backfill ID numbers in the state’s voter rolls, more than 700,000 voters lacked one of those ID numbers on their voter records as of Dec. 20. Another 106,911 voters didn’t have either number.

It’s likely not all of those voters are eligible to vote by mail, but the barrier risked hindering enough of Kara Sands’ voters that she pulled references to the online ballot tracker from the guidance she was providing Nueces County voters. Sands, the Republican elected county clerk, said most of the older voters in her county first registered to vote with a Social Security number and that remained the only ID on file for them.

“Why am I going to send them [materials saying] ‘Go here to fix it’ knowing they can’t fix it?” Sands said in an interview ahead of election day.

See here for yesterday’s post about the Bexar County experience. We still need to know how this broke down by party – given that fewer Republicans chose to vote by mail, it’s extremely likely that more Democratic ballots were rejected, but it may be that on a percentage basis they were equivalent – and we still need to distinguish between rejected applications and rejected ballots, as well as who did and didn’t vote in person afterwards. I don’t recall seeing a figure about how many registrations lacked one or both of SSNs and drivers license numbers before now, so it would be good to know as well how many people who did fill out the ballot correctly, with the proper voter ID information, were still rejected because the state database was incomplete. I could see that as a basis for another lawsuit, with the goal of halting all further rejections until the state can prove that its database is fully up to date, but that might be moot by November, and I don’t know what other relief a voter could ask for.

The Associated Press takes a crack at this, and offers a bit of partisan data.

Although the final number of discounted ballots will be lower, the early numbers suggest Texas’ rejection rate will far exceed the 2020 general election, when federal data showed that less than 1% of mail ballots statewide were rejected.

“It took me three tries and 28 days but I got my ballot and I voted,” said Pamiel Gaskin, 75, of Houston. Like many rejected mail voters, she did not list a matching identification number that Texas’ new law requires.

For now, the numbers do not represent how many Texas ballots were effectively thrown out. Voters had until Monday to “fix” rejected mail ballots, which in most cases meant providing identification that is now required under a sweeping law signed last fall by Republican Gov. Greg Abbott.

New requirements include listing an identification number — either a driver’s license or a Social Security number — on the ballot’s carrier envelope. That number must match the county’s records. If a ballot is rejected, voters could add an ID number via an online ballot tracking system, go to the county’s election offices and fix the problem in person, or vote with a provisional ballot on election day.

County election officers say they worked feverishly to contact those voters in time, in many cases successfully, and a full and final tally of rejected ballots in Texas is expected to come into focus in the coming days.

But already, scores of mail ballots have been disqualified for good.

[…]

The AP obtained reports from 120 counties — nearly half of the 254 in Texas — through county websites and contacting all counties that had not posted a report publicly.

In Texas’ largest county, around Houston, Harris County officials said more than 11,000 mail ballots had been flagged for rejection as of March 2. But in the county’s preliminary report that is dated a day later, the number of rejected mail ballots was listed at 3,277. On Tuesday, Harris County Elections Administrator Isabel Longoria said she was stepping down following a bungled vote count.

Houston Democrats have been among the most outspoken over Texas’ new voting laws, which they say are designed to weaken minority turnout. But Republican-leaning counties struggled with the new rules as well.

In Parker County, which former President Donald Trump carried by a 4-to-1 margin in 2020, the county reported 250 mail ballots as rejected or pending out of 1,100 mail votes — about 23%. Along the Texas coast in Nueces County, which Trump narrowly won, the rejection rate was 8%.

According to the county reports, in the five counties won by Trump that had the most mail-in voters, a combined 4,216 mailed ballots were rejected or still pending after the day of the election, a rate of 21% of the total. In the counties won by Biden with the most mail-in voters, which include most of Texas’ biggest cities, a combined 11,190 votes were similarly rejected or pending, which amounted to 13%.

Kara Sands, the election administrator in Nueces County, said her office pressed voters to include more than one identification number as a guardrail against having their ballot rejected. But she said her office wasn’t inundated with voter frustration.

“We really didn’t get a lot of folks complaining about that,” she said.

Texas holds primary runoffs in May, and elections officials say their goal now is to educate voters to avoid a repeat next time. Christopher Davis, the elections administrator in Williamson County, said the final rejection rate of 11.5% was “by far the highest we have ever seen” in the county of more than 600,000 people.

“The hope is we knock down that rejection rate,” he said.

Interesting that those five deep red counties had a higher rate of rejection than the blue counties, though there were fewer total votes there. Likely that’s a function of the blue counties being more populous, though that also suggests that a greater percentage of total votes were affected in the red counties. For comparison, the AP story notes that a total of about 8,300 mail ballots were rejected in the 2020 election, which was out of 11 million ballots cast. Every way you look at it, this was an exponential increase.

And Talking Points Memo was also on this.

The rejection rates are staggering. In booming Collin County, for example, nearly 14% of mail-in votes were ultimately rejected, the election administrator there told TPM.

In Harris County, Texas’ largest and home to Houston, a whopping 6,888 ballots were ultimately rejected “as a direct result of Senate Bill 1,” according to a statement from the county to TPM — nearly 19% of mail-in ballots. By comparison only, 135 of the 48,473 votes cast in the 2018 primary were rejected, the statement said — three tenths of a percent.

“That is apocalyptic. It calls into question whether this is even a free and fair election,” said James Slattery, senior staff attorney at the Texas Civil Rights Project’s voting rights program. “The sheer, catastrophically high rate of rejections has been very bad.”

Unlike many others, [Monica] Emery was able to fix her ballot, filling out multiple forms to “cure” the error in the days following Election Day, and consulting with attorneys and election officials to make sure her vote counted. Finally, she received word from the county on Monday, on the last possible day to fix ballot issues, that her vote had been tallied. (Texas’ new online “ballot tracker” website apparently didn’t get the memo: It continued to label her ballot “rejected.”)

But Emery, a retiree in the Dallas area, was one of the lucky ones. She’s “perfectly healthy.” She lives near her polling place. She knows her county officials and they had the bandwidth to help her. And she had additional help from multiple lawyers who she’d contacted for help. But what about her son, a pilot in the Air Force currently living in the United Kingdom? What about her elderly friend down the road, living with long COVID? Would they have been able to handle a tricky rejection letter? Would they have received word that their ballots had been rejected in time? She doubted it.

Lawmakers, Emery said, “are making it harder than it needs to be to do a real simple thing like voting by mail.”

[…]

In Travis County, home to Austin, 16% of the roughly 11,200 mail-in ballots were initially rejected, and only half of voters were able to cure those rejections in time to be counted, said Victoria Hinojosa of the Travis County clerk’s office.

Almost three of four rejected ballots were from Democrats, and most rejected ballots had “ID issues,” Hinojosa told TPM.

In Williamson County, north of Austin, 11.5% of ballots were rejected in the final tally — “absolutely higher than anything we’ve ever encountered before,” Elections Administrator Chris Davis told Austin’s NPR station KUT. In El Paso County, the final rejection rate was about 16%, or 725 mail-in ballots, the Associated Press reported.

In Collin County, which includes a chunk of the Dallas-Fort Worth metro area and is experiencing meteoric population growth, the ballot rejection rate right after the election hovered around 15%, down from a peak of 25% at the beginning of voting. After the curing period, that number ticked down slightly to a 13.7% rejection rate, or 828 ballots rejected.

“Unfortunately, the concerns that we expressed during the legislative session turned out to be true,” said Grace Chimene, president of the League of Women Voters of Texas, which is part of a coalition of groups that sued over the law in September. “It’s very frustrating.”

“I can tell you, almost the whole thing is SB1-related,” Collin County Election Administrator Bruce Sherbet told TPM of the rejections. “If we had rejections before SB1, it was usually in the single digits.”

Sherbet said that nearly all of the rejections stemmed from missing ID numbers on the original voter file, ballot application or ballot itself. In some cases, older voters who’d aged out of driving tried to vote with their new state ID number, which didn’t match the old driver’s license number on their registration.

He lacked data on the party split, but said that it’s likely more Republican voters were hurt by the law’s new provisions, since roughly 1,600 more of them voted by mail in his county.

[…]

The chaos unleashed by the new mail-in ballot requirements was “very predictable,” Josh Blank, research director of the Texas Politics Project at the University of Texas at Austin, told TPM.

“The legislators were warned multiple times throughout hearings on these bills for the better part of a year that requiring voters to supply drivers license numbers or partial Social Security numbers, whichever of two you used to register to vote, would likely to be a problem for many Texans — especially given that most of the Texans who automatically qualify for mail-in ballots are over 65 and likely registered decades ago,” he said.

Less predictable is who exactly the confusing new requirements will hurt. While much of Republicans’ antagonism towards voting by mail stems from former President Donald Trump’s efforts to toss ballots in 2020, it’s not clear that knotting up the system will hurt Democratic voters more than Republican ones.

That “scattershot” strategy, Blank said, is due to the virtual nonexistence of voter fraud. It’s legislating a problem that doesn’t exist.

“It’s one thing to make unsubstantiated allegations of widespread fraud,” he said. “It’s another to reject hundreds of thousands of ballots, which is what Texas is on the path to do in November if this primary is any indication.”

As this story notes, the “ballot curing” process, in which voters whose mail ballots lacked the correct ID number had until Monday to fix them, likely will reduce the eventual total, which started at about 27,000. But doing that isn’t easy for everyone – some voters don’t have reliable Internet access, some can’t drive to the election administrator’s office, and so on.

Finally, because it took me longer than it should have to find this on Twitter, here’s most of the Harris County data I’ve been wanting:

Again, more Dem mail ballots overall, but a higher rejection rate among Republicans – 17.6% of all Dem mail ballots, and 22.0% of all GOP mail ballots. Still more Dem votes rejected, but in a scenario where the mail votes are distributed more evenly, like in 2018, that’s going to bite the Republicans. The Chron story that these tweets are based on is here. In response to a question from me, Scherer also reported that “13 people with rejected ballots ended up voting in person”, which obviously ain’t much. Makes me think that will be the cases around the state as well.

Of course, as I said yesterday and as noted in the AP story, we can do a lot to improve things for November, and we have the May primary runoff and special election to practice. But man, that will be an expensive and labor-intensive process, and it’s so completely unnecessary. You will note that Abbott and Sen. Bryan Hughes have been studiously avoiding the press on this, because what can they actually say? Or more likely, why would anyone think they cared? At least we have the rhetorical turf to ourselves for now. Whatever else we do, we need to get folks mad and motivated over this. Because – say it with me now – nothing will change until people lose elections over this crap. That’s the one sure thing we can do. Daily Kos has more.

Texas will turn over some voter info to Trump vote “fraud” commission

I have three things to say about this:

Still the only voter ID anyone should need

Texas will hand over personal information of the state’s more than 15 million voters to President Donald Trump’s commission that is looking into voter fraud.

Secretary of State Rolando Pablos said his office will share any publicly available information with Trump’s commission as requested, including the names, addresses, dates of birth and political party affiliations. But the state will not be sharing partial social security numbers as Trump’s commission asked for because that information is not part of Texas’ voter rolls.

“The Secretary of State’s office will provide the Election Integrity Commission with public information and will protect the private information of Texas citizens while working to maintain the security and integrity of our state’s elections system,” Pablos said. “As always, my office will continue to exercise the utmost care whenever sensitive voter information is required to be released by state or federal law.”

Pablos’ comments come as governors in some states have flat out refused a request by the commission this week to hand over data.

[…]

The White House on Friday responded by questioning why states would refuse to hand over the information to the commission.

“I think that’s mostly a political stunt,” White House spokeswoman Sarah Huckabee Sanders told reporters in Washington.

Using an executive order, Trump on May 11 created his commission to go after what he has told Republicans was 3 million to 5 million illegal votes cast in the 2016 election — a claim that has not been verifiable.

1. Let’s be very clear that Kris Kobach is an extreme partisan hack whose primary interest is in making it harder/impossible for as many people to vote as he can. He has a long track record of doing this, along with a long track record of being extremely anti-immigrant. Other members of this travesty have similar track records. This is a star chamber whose existence is owed to a giant lie about “illegal” votes. The whole point of this exercise is to purge people off of state voter rolls, just as the Dubya Bush-era Justice Department tried to do, featuring some of the same cast of deplorables as today. There is zero legitimacy to any of this. It is all malevolent.

2. As the Texas Election Law Blog notes, the state of Texas is legally prohibited from supplying confidential information (which includes Social Security numbers and Texas drivers license numbers) to the commission. Which is nice, but it’s hardly a guarantee. For example, as Sondra Haltom reminds us:

You should know that a bill was proposed this past session (HB 3422 by Laubenberg and Fallon) that would have allowed the TX SOS to provide voters’ Social Security numbers to Kobach as part of his Kansas Interstate Voter Crosscheck (read: flawed, illegal voter purge) program. Luckily it died, but not before it got out of the House Elections Committee. Just FYI. Sleep well.

And as Glen Maxey reminds us, it could be even worse:

Two sessions ago, the Republicans passed “Crosscheck” through the Texas legislature. This was a program to send all our voter data to the state of Kansas who ran a program to cross check it to other participating states to find “duplicates”. I fought it vigorously, but it passed. That program is run by Mr. Kobach, Kansas Sec. of State.

Our SOS didn’t implement the program because there was another statute in the Government code that prohibited sending dates of birth and social security and driver’s license numbers to others.

Maxey appears to be referring to SB 795 from 2015. I’m not enough of an expert to tell you the difference between these bills. What I can tell you is that there’s nothing stopping Greg Abbott from adding an item to require compliance to this sham commission to the special session agenda.

3. Remember when Texas leaders would file a lawsuit rather than comply with anything the federal government wanted them to do? Boy, those were the days. Can you even imagine the reaction from Abbott and Patrick and Paxton if the Obama administration or (sigh) a Clinton administration had tried this? Daily Kos, the WaPo, the Trib, the NYT, NPR, and Rick Hasen have more.

Who can get health care in Williamson County

This is a bad idea.

Williamson County commissioners have decided to stop paying health care costs for indigent adults and children who don’t have valid Social Security cards.

County Judge Dan A. Gattis said last week that he wanted to ensure that there was enough money for the residents of Williamson County who qualified for indigent care to remain covered. In the first five months of the current fiscal year, 265 people who didn’t have Social Security cards received county-paid health care out of a total of 1,153 indigent patients , said Bride Roberts , the coordinator for Williamson County’s indigent health care system.

[…]

Roberts said there were several reasons for the increased expense, including a large number of “very sick” people and new hospitals in the area identifying more people who may qualify for the program.

Williamson County residents without legal Social Security cards can still get care at four clinics in Georgetown, 10 clinics in Round Rock and one in Granger, all operated by Lone Star Circle of Care, a nonprofit community health organization, said Rebekah Haynes, the group’s communications director.

Roberts said patients without valid Social Security cards accounted for 12 percent of the $3.7 million spent under the program in the first five months of the fiscal year. During fiscal year 2009, 1,505 people were covered, and 331 of those didn’t have valid Social Security cards , she said.

The county estimated that it can save $1 million a year by denying coverage to people without legal Social Security cards, Roberts said.

Medicaid doesn’t cover health care costs for adults and children without legal Social Security cards. Texas law doesn’t address whether counties can exclude people without legal Social Security cards, said Anne Dunkelberg, the associate director of the Center for Public Policy Priorities in Austin.

“Virtually all counties do include undocumented residents in their county indigent health care programs,” said Dunkelberg, who called the county’s decision “a bad idea.”

“Making sure you are providing good access to prenatal care is extremely important because all babies are U.S. citizens,” she said.

My first reaction when I read this was “Do they really make people produce their Social Security card when they show up needing a doctor?” I mean, I sure don’t carry my SocSec card around with me. Having it on my person makes me more vulnerable to identity theft, and while I’m occasionally asked for my SSN, outside of a periodic I9 check at work, I can’t remember anyone ever asking me to produce my card. Is this really the procedure, or was this another way of saying “people with valid SSNs”?

My second reaction, as is usually the case when some public official expresses in words or actions indifference to the health and well-being of some subset of the population for which he or she is responsible, is to wonder if they’ve ever read The Masque of the Red Death. At least there’s still someplace in Williamson County for the less equal than others to go, which makes WilCo a notch above Collin County, but it’s still the case that making it harder for people who need health care to get it ensures that more people will be needlessly sick, and some of them will die. Some of these people, as the story notes, will be children. Maybe I’m just not cut out to be a County Commissioner, but I sure wouldn’t want that on my conscience.

I realize that WilCo is facing budget issues, and that they don’t have infinite resources. Rising health care costs is a big problem, one that the Affordable Care Act will eventually make some headway on, but which they need to cope with now. I just think they made a poor policy decision, one that offers a false savings in the same way that cutting back on CHIP did in 2003. I hope they figure it out before it hurts too many people. EoW has more.

Salvation Army changes its policy

Good for them.

The Salvation Army of Houston will no longer require Social Security numbers from those seeking Christmas gifts, the organization announced today.

“It was never our intention to offend anyone with our registration requirement to provide a Social Security number, or to give the impression that we were discriminating against those individuals and families who do not have a Social Security number,” Major Chris Flanagan, Area Commander for The Salvation Army Greater Houston Area Command said in a statement.

Glad to see it. A statement from State Rep. Carol Alvarado, who had been critical of the previous policy, is beneath the fold. Stace has more.

(more…)

Toys for tots with valid ID

This is what you call bad holiday publicity.

The Salvation Army and a charity affiliated with the Houston Fire Department are among those that consider immigration status, asking for birth certificates or Social Security cards for the children.

The point isn’t to punish the children but to ensure that their parents are either citizens, legal immigrants or working to become legal residents, said Lorugene Young, whose Outreach Program Inc. is one of three groups that distribute toys collected by firefighters.

“It’s not our desire to turn anyone down,” she said. “Those kids are not responsible if they are here illegally. It is the parents’ responsibility.”

The idea of a charity turning away children because of decisions made by their parents unsettled some immigration activists.

“It is very disturbing to think a holiday like Christmas would be tainted with things like this,” said Cesar Espinoza, executive director of America for All, a Houston-based advocacy group. “Usually, people target the adults because the adults made the decision to migrate, where the children are just brought through no fault of their own.”

Other groups don’t require specific documentation, relying instead on outside groups to recommend families.

“When you distribute toys to 10,000 to 12,000 kids, it’s impossible to background (check) every child,” said Fred Joe Pyland, a Houston police officer who oversees the Blue Santa program. Blue Santa doesn’t consider immigration status but collects names from police officers, schools and churches.

I think Blue Santa’s got the right idea here. I get that you don’t want to give from your limited stash to kids who aren’t poor, or to kids who don’t actually exist, and the way to do that is to get some kind of verification. But this is one of those situations where I think I’d trade a bit of security for a lot more openness. You can say you don’t mean to discriminate against anyone, but I don’t find that very convincing. I’m sure the Salvation Army would rather be touting its new donation mechanisms instead of dealing with this; I hope it serves as impetus for them to change their ways. Stace has more, and click on for a couple of reactions to this story. Thanks to Marc Campos for the link.

(more…)

Let’s see those files

This is a good thing.

Working to make good on a campaign promise, recently elected Harris County District Attorney Patricia Lykos agreed on Monday to provide copies of police offense reports to criminal defense lawyers, changing the longstanding practice of allowing attorneys to only take notes from reports.

One of the most divisive issues in the criminal courthouse, defense lawyers often complain about the hours spent taking notes from a document that prosecutors have instant access to, which can include witness statements, photographs and other evidence prosecutors intend to introduce at trial.

Mark Bennett, president of the Houston’s criminal defense lawyers association, gave Lykos high marks for the change in policy.

“It’s an excellent move forward,” Bennett said.

I have to say, I don’t fully understand why this wasn’t always the case. Seems to me this was a petty policy, one designed to hinder the defense bar more than anything else. Good on Pat Lykos for changing that.

Assistant District Attorney Scott Durfee said the release of the actual document requires additional safeguards. Prosecutors are now marking out information that is private under Texas open records law, including Social Security numbers and Texas driver’s license information.

Defense attorneys also have to sign a confidentiality agreement that mandates that the information can be used only for the case at hand. If they don’t sign the agreement, Durfee said, they can work to get the information though a formal discovery process.

I also don’t quite understand the issue here. I mean, if these documents weren’t redacted before, what was to keep a defense attorney from simply jotting down this sensitive information? I don’t object to having this stuff redarcted first as a general rule, assuming that doesn’t turn into a new kind of diversionary tactic, I just don’t see why that wasn’t always the policy if it’s so important now.

Anyway. For a more detailed discussion of the ins and outs of this practice, see Murray Newman and Mark Bennett. May there be more reforms like this coming from the DA’s office soon.