Category Archives: Legal matters

Fifth Circuit rejects age discrimination claims in vote by mail lawsuit

Posted on September 12, 2020 by Charles Kuffner

This is pretty much the end of the line, at least as far as the courts are concerned. A three-judge panel of the 5th U.S. Circuit Court of Appeals ruled Thursday that Texas can keep its strict eligibility rules for … Continue reading →

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State appeals court rules (mostly) against Libertarians in filing fee lawsuit

Posted on September 11, 2020 by Charles Kuffner

Here’s the story. It gets into the legal weeds, and I’m going to try my best to clear them out. A state appellate court this week upheld a 2019 law that extended a requirement that candidates pay a filing fee … Continue reading →

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Where are we with the lawsuit to stop Harris County from sending out vote by mail applications?

Posted on September 10, 2020 by Charles Kuffner

Thanks for asking, we had the hearing in district court yesterday. Voting in person will be safe across Texas in this fall’s general election despite the ongoing coronavirus pandemic, the state’s elections director asserted in a Harris County courtroom Wednesday … Continue reading →

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A win for those with lousy signatures

Posted on September 10, 2020 by Charles Kuffner

Some good news on the voting litigation front. As Texas prepares for an expected deluge of mail-in votes in November, a federal judge has found that one facet of the state’s signature verification rules for those ballots is unconstitutional and … Continue reading →

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Census shenanigans halted for now

Posted on September 8, 2020 by Charles Kuffner

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 … Continue reading →

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Libertarians will stay on the ballot

Posted on September 6, 2020 by Charles Kuffner

Sorry, Republicans. You were too late after all. The Texas Supreme Court on Saturday rejected an attempt by Republicans to kick 44 Libertarians off the ballot in the November elections. Several Republican Party candidates and organizations had sued to remove … Continue reading →

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When HEB is on your side

Posted on September 4, 2020 by Charles Kuffner

Who could be against you? Charles Butt, the billionaire owner of the San Antonio-based grocery chain H-E-B, sent a letter to the Texas Supreme Court this week, siding with Harris County on its plan to send mail ballot applications to … Continue reading →

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Supreme Court issues possibly pointless stay in mail ballots case

Posted on September 3, 2020 by Charles Kuffner

This story doesn’t quite say what it seems to say, as we will see. The Texas Supreme Court has temporarily blocked Harris County from sending mail-in ballot applications to all its voters for the November election. The decision Wednesday came … Continue reading →

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More on the Republican attempt to defenestrate the Libertarians

Posted on September 3, 2020 by Charles Kuffner

From the Statesman: Republican candidates and organizations are asking the Texas Supreme Court to remove 41 members of the Libertarian Party from the November ballots. All of the Libertarians are ineligible to run, the GOP argues, because they failed to … Continue reading →

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County Clerk scales back mail ballot application sendout for now

Posted on September 2, 2020 by Charles Kuffner

Seems like a wise tactical move. The Harris County clerk is holding off his plan to send ballot applications to every registered voter in Harris County. County Clerk Chris Hollins said for now he is going to send ballot applications … Continue reading →

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Fifth Circuit hears arguments on vote by mail case

Posted on September 1, 2020 by Charles Kuffner

One more try before it’s too late to make a difference for this year. The Texas Democratic Party’s lawyer argued today before a federal appeals court that the state is unlawfully discriminating against the majority of the voting-age population by … Continue reading →

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And now the state has sued to stop the Clerk’s mail ballot application program

Posted on September 1, 2020 by Charles Kuffner

Such a busy day in court. Acting at the request of the secretary of state, the Texas attorney general on Monday sued Harris County after it refused to drop plans to send applications for mail-in ballots for the November general … Continue reading →

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Hotze and the Harris County GOP try to stop the Clerk from sending out mail ballot applications

Posted on September 1, 2020 by Charles Kuffner

It’s mandamus time! Again. The Harris County Republican Party on Monday joined a lawsuit asking the Texas Supreme Court to halt the county clerk’s plan to send mail ballot applications to all 2.4 million registered voters. The lawsuit accuses County … Continue reading →

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Plaintiffs prevail again in Motor Voter Lawsuit 2.0

Posted on August 30, 2020 by Charles Kuffner

Same result as before, this time without the technicality that got the first try thrown out on appeal. A persistent Texas voter, twice thwarted when he tried registering to vote while renewing his driver’s license online, has for the second … Continue reading →

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Giving a motion its proper due

Posted on August 30, 2020 by Charles Kuffner

As you know, Ken Paxton really really wants to get his securities fraud case moved back to what he assumes are the warm and friendly confines of Collin County. The case was originally moved out of Collin County on the … Continue reading →

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Republicans go to Supreme Court to remove Libertarian candidates

Posted on August 29, 2020 by Charles Kuffner

If at first you don’t succeed, make up a new statutory deadline that you claim is the real date that matters. About a week after Texas Democrats took several Green Party candidates to court and had them knocked off the … Continue reading →

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Republicans try and fail to remove Libertarian candidates from the ballot

Posted on August 27, 2020 by Charles Kuffner

From Patrick Svitek: . Texas appeals court rejects last-minute lawsuits by @NRCC, @TravisGOP to kick Libertarian candidates off November ballot for not paying filing fees: http://search.txcourts.gov/SearchMedia.aspx?MediaVersionID=fee8c1fc-f70a-4d57-baf0-5775ccdea786&coa=coa03&DT=Opinion&MediaID=9242cd19-73c0-441c-bc1f-786be9ec000f — Patrick Svitek (@PatrickSvitek) 12:00 AM – 26 August 2020 The Third Court of … Continue reading →

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COVID executive order lawsuit update

Posted on August 24, 2020 by Charles Kuffner

Hard to keep track of all these, I know. The state of Texas and Gov. Greg Abbott have denied a Dallas salon owner’s allegations that COVID-19 emergency orders suspending state laws are unconstitutional. Abbott and the state specifically denied allegations … Continue reading →

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Weekend voting litigation news

Posted on August 23, 2020 by Charles Kuffner

I have two news items about voting-related lawsuits. Both of these come via the Daily Kos Voting Rights Roundup, which has been increasingly valuable to me lately, given the sheer number of such lawsuits and the fact that some news … Continue reading →

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Further thoughts on the Dems defenestrating the Green candidates

Posted on August 21, 2020 by Charles Kuffner

But first, the Chron story about yesterday’s legal action. An appellate court on Wednesday blocked three Green Party candidates from the November ballot because they failed to pay candidate filing fees. The candidates are David Collins, who was running for … Continue reading →

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More challenges to Green Party candidates

Posted on August 20, 2020 by Charles Kuffner

From Patrick Svitek: . @ChrystaForTexas, @wendydavis sue to remove their Green Party opponents from the ballot, saying they didn’t pay filing fees on time: http://search.txcourts.gov/SearchMedia.aspx?MediaVersionID=6f9426d1-7b86-4718-b99a-8356e5d806a6&coa=coa03&DT=Brief&MediaID=297d5426-ee45-4039-8bfc-dc8891686f76 The Green Party candidate in Davis’ race is @Wakely2020, who was the 2016 Democratic nominee … Continue reading →

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Lawsuit filed to restore original Census deadline

Posted on August 20, 2020 by Charles Kuffner

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 … Continue reading →

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Harris County to join TDP lawsuit over vote by mail

Posted on August 14, 2020 by Charles Kuffner

They do lots of stuff at Commissioners Court. Harris County Commissioners Court voted on Tuesday to join a lawsuit by Texas Democrats suing Gov. Greg Abbott to expand vote-by-mail in Texas. The Democratic-led commissioners court voted 3-2 to join the … Continue reading →

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Hemp lawsuit

Posted on August 13, 2020 by Charles Kuffner

This ought to be interesting. New rules prohibiting the retail sale and distribution of “smokable” hemp products are unconstitutional, companies argue in a lawsuit filed Wednesday in Travis County. When Texas legalized hemp last year, the legislation explicitly outlawed manufacturing … Continue reading →

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Paxton (again) wants another judge on his case

Posted on August 10, 2020 by Charles Kuffner

Round and round they go. Defense attorneys for Texas Attorney General Ken Paxton — whose indictment for felony securities fraud is now more than five years old — are again asking for a different judge to oversee the case. It’s … Continue reading →

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No eviction moratoriums

Posted on August 9, 2020 by Charles Kuffner

So opines Ken Paxton, and we all know what an unimpeachable source he is. Texas Attorney General Ken Paxton advised Friday that local Texas governments’ attempts to delay evictions for renters grappling with the COVID-19 recession amounted to rewriting state … Continue reading →

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Let the sun shine in

Posted on August 8, 2020 by Charles Kuffner

Make ’em disclose. Empower Texans, the deep-pocketed conservative advocacy group, is well-known for its heavy hand in steering the Texas GOP further to the right and for its shadowy setup that hides its funding sources from the public. But a … Continue reading →

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Felony judges move to dismiss bail lawsuit

Posted on August 7, 2020 by Charles Kuffner

Of interest. A group of district judges in Houston on Thursday argued for dismissal of a lawsuit alleging their felony bail practices are unconstitutional because they discriminate against poor people, keeping them jailed when they can’t pay bail. Among the … Continue reading →

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Another lawsuit against Abbott over emergency orders

Posted on August 6, 2020 by Charles Kuffner

This one is a bit more serious due to the lack of Hotze and Woodfill, but it’s still not a great way to have the debate about this issue. Five Republican Texas lawmakers are suing Gov. Greg Abbott over the … Continue reading →

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An analysis of that Paxton opinion about schools and county health authorities

Posted on August 4, 2020 by Charles Kuffner

Short version: That’s just, like, his opinion, man. The law should mean what it says. Rule §97.6(h) of the Texas Administrative Code says: “The health authority is empowered to close any public or private child-care facility, school or other place … Continue reading →

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SCOTX rejects multiple Hotze petitions

Posted on August 3, 2020 by Charles Kuffner

Some good news. The Texas Supreme Court has refused to hear several challenges by a Houston conservative power broker to emergency orders on coronavirus issued by Gov. Greg Abbott and Harris County Judge Lina Hidalgo. Without comment, the nine Republican … Continue reading →

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Hey, remember District B?

Posted on August 1, 2020 by Charles Kuffner

This makes me so mad. For the last couple months, Tarsha Jackson has organized north Houston neighborhoods around criminal justice reform, helping to release a “Justice Can’t Wait” policy platform she said the city could enact immediately. Cynthia Bailey has … Continue reading →

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Update on that other vote by mail lawsuit

Posted on July 31, 2020 by Charles Kuffner

From Daily Kos: A federal judge has rejected Republican Secretary of State Ruth Hughs’ motion to dismiss a case brought by several Texas voters and civil rights organizations seeking to expand access to absentee voting for the November general election. Plaintiffs are asking the … Continue reading →

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A whole lot of Paxton case news all of a sudden

Posted on July 28, 2020 by Charles Kuffner

Brace yourselves. A Houston appeals court on Monday abated a recent decision to move the criminal cases against Attorney General Ken Paxton from Harris to Collin County, giving a new judge on the case the chance to revisit that order. … Continue reading →

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