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May 20th, 2020:

Federal court issues order to allow voting by mail

Here we go again.

A federal judge opened a path for a massive expansion in absentee voting in Texas by ordering Tuesday that all state voters, regardless of age, qualify for mail-in ballots during the coronavirus pandemic.

Days after a two-hour preliminary injunction hearing in San Antonio, U.S. District Judge Fred Biery agreed with individual Texas voters and the Texas Democratic Party that voters would face irreparable harm if existing age eligibility rules for voting by mail remain in place for elections held while the coronavirus remains in wide circulation. Under his order, which the Texas attorney general said he would immediately appeal, voters under the age of 65 who would ordinarily not qualify for mail-in ballots would now be eligible.

Biery’s ruling covers Texas voters “who seek to vote by mail to avoid transmission of the virus.”

In a lengthy order, which he opened by quoting the preamble to the Declaration of Independence, Biery said he had concerns for the health and safety of voters and stated the right to vote “should not be elusively based on the whims of nature.”

“Two hundred forty-years on, Americans now seek Life without fear of pandemic, Liberty to choose their leaders in an environment free of disease and the pursuit of Happiness without undue restrictions,” Biery wrote.

“There are some among us who would, if they could, nullify those aspirational ideas to return to the not so halcyon and not so thrilling days of yesteryear of the Divine Right of Kings, trading our birthright as a sovereign people for a modern mess of governing pottage in the hands of a few and forfeiting the vision of America as a shining city upon a hill,” he said.

[…]

The Democrats argued that the age limitation violates the U.S. Constitution because it would impose additional burdens on voters who are younger than 65 during the pandemic, and Biery agreed. Biery also found the plaintiffs were likely to succeed in proving the rules violate the 26th Amendment’s protections against voting restrictions that discriminate based on age.

In a statement, Texas Attorney General Ken Paxton said he would seek immediate review of the ruling by the U.S. 5th Circuit Court of Appeals.

“The district court’s opinion ignores the evidence and disregards well-established law,” Paxton said.

In ruling against the state, Biery cast aside arguments made by Paxton’s office that he should wait until a case in state district court is fully adjudicated. In that case, state District Judge Tim Sulak ruled that susceptibility to the coronavirus counts as a disability under the state election code. The Texas Supreme Court put that ruling on hold last week.

During a hearing last week in federal court, Biery scrutinized the state’s argument that it had a significant interest in enforcing existing absentee voting requirements to preserve “the integrity of its election” and to prevent voter fraud.

The attorney general’s office had submitted testimony from the long-winding litigation over the state’s voter ID law that touched on instances of fraud involving the mail ballots of voters who are 65 or older or voters in nursing homes.

“So what’s the rational basis between 65 and 1 day and one day less than 65?” Biery asked.

In his ruling, Biery said the state had cited “little or no evidence” of widespread fraud in states where voting by mail is more widely used.

“The Court finds the Grim Reaper’s scepter of pandemic disease and death is far more serious than an unsupported fear of voter fraud in this sui generis experience,” Biery said. “Indeed, if vote by mail fraud is real, logic dictates that all voting should be in person.”

See here, here, and here for the background. A copy of the order is here, and I recommend you read it, because the judge is clearly not having it with the state’s arguments. Let me just say, the hypocrisy of the state’s case, in particular their pathetic wails of “voter fraud!”, is truly rich. I for one am old enough to remember when Texas passed its heavily restrictive and burdensome voter ID law, in which voting by mail – which at the time was primarily the purview of Republicans – was specifically exempted, a fact noted by the various plaintiffs in the lengthy litigation against that odious law. The Republican argument at the time was that voter ID was needed to combat “voter fraud”, yet those same Republicans saw no need to include any similar requirement for those who voted by mail, presumably because they had no concerns about “fraud” from those voters. And now they want to claim voting by mail is a threat to election integrity? I’m sorry, but that’s all kinds of bullshit and it deserves to be labeled as such.

Now, none of this means that Paxton’s handmaidens at the Fifth Circuit will care about that. As nice as this ruling is, I figure we have a day, maybe two, before that cesspool rubber stamps an emergency petition from the AG to put this ruling on hold. I will of course be delighted to be proven wrong, but I know better than to invest any faith in the Fifth Circuit. So enjoy this for now, but don’t go counting any chickens just yet. The Chron has more.

UPDATE: Rick Hasen provides more objective reasons why the Fifth Circuit will likely put a hold on this order.

We still don’t know what the upcoming school year will look like

Lots of possibilities, no clear answer yet.

Houston ISD officials are planning for the possibility that some — if not all — students will continue to take virtual classes at home to start the upcoming school year, Interim Superintendent Grenita Lathan said Friday.

Leaders of the state’s largest school district are preparing multiple contingency plans for August, many of which involve a continuation of online learning, amid uncertainty about their ability to safely re-open campuses as the novel coronavirus pandemic lingers.

District administrators remain weeks away from finalizing key decisions about the upcoming school year, but Lathan said during a wide-ranging press conference that she hopes to announce within the next month whether some form of in-person classes can resume by August.

Under one potential plan floated Friday by Lathan, some or all of the district’s 209,000 students would spend part of the school week on campus and the remainder of the week in online classes — a method aimed at increasing social distancing in crowded buildings. Numerous education leaders across the state and country have suggested similar structure in recent weeks.

“We’re also looking at some students being virtually online the entire first semester or, possibly, the entire school year,” Lathan said.

Superintendents across Texas are grappling with how to structure their school calendars and daily schedules to best accommodate students while balancing public health concerns. Although children suffer medical complications from COVID-19 at far lower rates than adults, public health officials remain concerned about their ability to spread the virus to school staff and family members at home.

[…]

Beyond this summer, superintendents and school boards are evaluating major changes for the 2020-21 school year given the ongoing threat of COVID-19 and the need to support students falling behind during the current shutdown.

In HISD, administrators are starting to discuss with staff and families whether to start the school year earlier and build in longer breaks that could be used as make-up days if in-person classes are canceled due to COVID-19. Texas Education Agency officials are pushing the benefits of this model across the state, though decisions about academic calendars rest with local school boards.

HISD officials also are evaluating whether to extend the school day by 30 minutes, giving teachers and staff more time to help students recover from the disruptions. Lathan said such a move would come with additional pay for employees and could involve structural changes to campus operations.

“We have to look at the emotional toll it’s taken on our teachers to prepare and keep students engaged,” Lathan said.

See here, here, and here for some background. There are just too many variables to say with any confidence what may happen, so just try to keep up with the possibilities so you can make plans. We’ll be fine no matter what – both of us can work from home as needed – but a lot of people will have it much harder. None of this is easy. The best we can hope for is a treatment regimen for COVID-19, and eventually a vaccine. If we’re really lucky, we’ll have a better President next year and can maybe finally get a halfway decent federal response to this mess. In the meantime, this is where we are.

TxDOT hit with ransomware

Not great.

Texas’ transportation agency has become the second part of the state government to be hit by a ransomware attack in recent days.

On Thursday, someone hacked into the Texas Department of Transportation’s network in a “ransomware event,” according to a statement the department posted on social media Friday.

The departments’ website says some features are unavailable due to technical difficulties, but it is not clear what functions were affected by the attack. Agency officials did not respond to emailed questions Sunday.

[…]

Upon detecting the hack, staff at the transportation department “immediately” isolated the affected parts of the network and “shut down further unauthorized access,” according to the statement. James Bass, the department’s executive director, said his staff is “working to ensure critical operations continue during this interruption.″ The hacks follow a ransomware attack of unprecedented size that hit more than 20 local governments in Texas last summer.

See here for more on the attack on the court system’s website. In 2019, there was a coordinated attack on the systems of multiple small cities and counties.

I can’t find much in the way of news on this, so here’s TxDOT’s statement, via Twitter:

Maybe these two attacks are unconnected – there’s not enough information, such as what type of ransomware was involved and what the vector for it was, for me to take a guess – but the fact that there were two such attacks in a short period of time on two state systems sure seems suspicious to me. If I were at the state Department of Information Resources, I would be very busy, and more than a little concerned, right now. KXAN, CBS DFW, and Bleeping Computer have more.