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August 31st, 2021:

It doesn’t matter what the polls say about the voter suppression bill

Here’s another poll to demonstrate why.

A new survey from Rice University underscores the deepening partisan chasm over provisions in the controversial GOP priority elections bill.

For example, 46 percent of Harris County Republicans polled who participated in the county’s 2020 innovation of drive-thru voting said they supported the bill’s proposal to ban the method, despite 70 percent rating their experience as “excellent.”

The poll confirms other research that has found that confidence in the 2020 presidential election was closely linked with a voter’s political party. The poll also shows that preference for provisions in the GOP elections bill scheduled to be debated in the Texas House today follows the same pattern, said Bob Stein, Rice University political science professor and a co-author of the poll.

“It’s the persistence of partisan polarization,” Stein said, adding that he was surprised that so many Republican drive-thru voters who said they would be interested in drive-thru voting again also said they would support outlawing it.

[…]

The majority of Harris County voters who used drive-thru and 24-hour voting, 53 percent and 56 percent respectively, are Black, Hispanic or of Asian descent, county data shows. Democrats say banning the methods will discourage minority participation in future elections.

Republicans, meanwhile, say the methods were never supposed to be allowed under Texas law and point to their lack of popularity.

For example, while drive-thru voting was the highest-rated method of voting, according to the poll, it was also not an option used by many in the county. About eight percent of Harris County voters, or more than 127,000, voted from their cars.

Still, political leanings influenced opinions, even among those who hadn’t used drive-thru voting themselves: 95 percent of Democratic voters opposed a ban on drive-thru voting while 71 percent of Republican voters approved.

Democrats and Republicans were also far apart on the issue of 24-hour driving, another target of the GOP elections bill. Ninety-two percent of Democrats did not want to see it banned, but 75 percent of Republicans did.

Polling data can be found here. This discussion has long since a meta-argument about rote talking points, but it’s still worth noting how ridiculous some of this is. It’s true that the 127K people who used drive through voting last year were a small fraction of the total number of voters, but that was the first time we ever tried that, and by any measure 127K people is a lot. It’s more than the number of people who voted by mail in 2016 or 2018, and we’ve had vote by mail for decades. I would bet decent money that if we continued to offer drive through voting, more and more people would take advantage of it, just as more and more people are now taking advantage of early voting. Back in 2002, fewer than one out of four voters voted early in person. In 2020, more than three out of four voters did so.

But like I said, none of this matters. It doesn’t matter that there isn’t even a suggestion of why drive through voting or 24-hour voting might be even slightly more susceptible to the microscopic amount of “voter fraud” that we currently experience, nor does it matter that all of these ideas, in addition to being useful and convenient and well-executed, were put in place as a way of making it easier and safer to vote in the midst of a global pandemic. None of these things were thought of by the previous Republican county clerks, and they hurt Donald Trump’s feelings, so they are Bad and they Must Be Stopped. That’s all you need to know. KHOU has more.

The “heartbeat” bill is about to become law

There’s nothing standing in the way.

Right there with them

A Texas law that would ban abortions after as early as six weeks is poised to take effect Wednesday, after a federal appellate court’s rulings stymied efforts to block the law.

On Friday night, the 5th U.S. Circuit Court of Appeals canceled a hearing planned for Monday, at which more than 20 abortion providers had hoped to persuade a federal district court in Austin to block the law from taking effect.

Providers have sued to overturn the law, which they say is the nation’s strictest and would create what they call a “bounty hunting scheme” in allowing members of the general public to sue those who might have violated the law. The law, Senate Bill 8, would prohibit abortions after a fetal heartbeat can be detected without specifying a time frame, before many women know they are pregnant.

Late on Saturday, provider groups, including Planned Parenthood Center for Choice and Whole Woman’s Health Alliance, filed emergency motions with the 5th Circuit, essentially asking it to send the case back to district court or for the appellate court itself to issue a stay that would temporarily block the law’s enforcement.

The 5th Circuit denied the emergency motions Sunday afternoon.

“If this law is not blocked by September 1, abortion access in Texas will come to an abrupt stop,” Marc Hearron, senior counsel at the Center for Reproductive Rights, which represents providers, said in a statement. The state’s strategy, he said, has been to “circumvent the court system and the constitution itself,” he said, in order to “push abortion out of reach for as many Texans as possible.”

[…]

Abortion providers and supporters have braced for SB 8 for months. Texas women could completely lose access to abortions for a time, warned Helene Krasnoff, vice president of public policy litigation and law at Planned Parenthood Federation of America.

“It’s quite possible that it could create chaos and problems on the ground, including the closing of health centers,” Krasnoff said.

Even if clinics stay open, the law could affect most of the abortions now being performed in Texas. Whole Woman’s Health, which also provides gynecological care for women, said in a press release that 90% of the abortions they perform are after the six-week mark.

“To be clear: our health centers remain open, and Planned Parenthood providers will see as many patients as they can, as long as they can within the law. But without the courts stepping in, on Wednesday, Texans will be denied their constitutional right to abortion in violation of fifty years of precedent,” said Julie Murray, senior staff attorney for Planned Parenthood Federation of America.

Marva Sadler, one of the named plaintiffs in the abortion providers’ lawsuit and senior director of clinical services for Whole Woman’s Health, said the appellate decisions make it much more likely SB 8 will go into effect Sept. 1.

On Sunday, she said she was rushing to her organization’s clinic in Fort Worth, where at least eight patients were seeking abortions before they become illegal.

Cancellation of the hearing “was definitely a surprise,” Sadler said.

“I’ve been really focused on how things will look on Wednesday, when we have to start turning most patients away,” she said.

See here and here for the background. I confess, I don’t understand the machinations of the appellate court canceling a district court hearing. I figured we’d get the usual procession of the lower court issuing a restraining order and then the Fifth Circuit tossing it aside. The plaintiffs have now petitioned SCOTUS to step in on the grounds that the Fifth Circuit canceling the hearing was an abuse of their discretion. It’s the only card they have to play, but I would not get my hopes up. I wish I had something optimistic to say here, but I don’t. We need to vote these people out, there’s no other way forward at this time. The Chron, the 19th, and Slate have more.

UPDATE: Here’s a Trib story about the SCOTUS appeal. Let’s see if I have to update this draft again before it publishes in the morning…

UPDATE:

In other words, we won’t hear anything from SCOTUS until the last minute tonight at the earliest.

It’s fine

Some things never change.

The Texas House Democrats who bolted for roughly six weeks to stop the Legislature from passing new laws would have racked up about $20,000 each in fines under a rule change proposed to stop such quorum breaks in the future.

The rule, debated Saturday in a committee meeting, would not be applied retroactively, but it would add a $500 fine in the future for each day that a member skips a session without an excuse, leaving the House without the 100 members it needs to vote on bills. The rule would also allow the House to conduct some business even in the absence of a quorum. Committees and subcommittees could still meet and receive legislation, and the chamber could still receive messages from the governor and Senate.

“This rule is designed to keep members in their chairs. To stay, to talk, to debate, to not leave. But if they do leave, there are consequences associated with that,” said Rep. Drew Darby, a San Angelo Republican who is carrying the resolution.

There have only been a handful of quorum breaks in modern Texas politics, though the Democrats used walkouts in May and July to freeze the GOP-controlled Legislature.

Fines could be paid out of personal accounts or campaign accounts, and Darby noted that members could also use the $221 per diem they can collect when the governor calls them to Austin for a legislative session.

[…]

The change would last until House members return to Austin in 2023, at which point the Legislature would adopt new operating rules.

“Folks who left, I do not question their motive and their effort to represent the constituents they have. That is their duty and they operate under their duty as they perceive it,” Darby said, adding that what they did was in line with the rules at the time. Now it’s time to change those rules so it won’t happen again, he said.

Those of us who are old enough to remember the 2003 Senate walkout will recall that the remaining Senators voted to impose a $5000-a-day fine on the quorum busters. That was never made official, since it was a vote taken in the absence of a quorum. I don’t remember if there were any significant rule changes made in either chamber for the 2005 session. The House votes on its rules at the start of each session, and surely someone can propose this. It would almost certainly be adopted if Republicans remain in charge. Heck, if Democrats manage to gain control they might be happy to enact such a rule change themselves, as it would be a way to blunt the impact of the hypothetical Republican minority. They wouldn’t, for temperamental and other reasons, but it would be hilarious to see the arguments about it if they did at least consider it. Anyway, the point is that there’s nothing that can or should be done this session. But each new session begins with a more or less clean slate, and so we’ll see what if anything the 88th Lege cares to do about this.

Here come those electric buses

Here comes the commitment to buy them, anyway.

Local transit officials no longer are blowing hot air about the emissions coming out of Metro buses.

Board members Thursday approved a plan for all new Metropolitan Transit Authority buses to produce zero emissions by 2030, setting one of the largest bus fleets in the nation on a path to pull away from diesel engines and toward electric, hydrogen or some other alternative.

“It could not be more vital to take this step forward,” Chairwoman Carrin Patman said. “We have the capability to do it and the expertise to do it.”

The commitment came with the board’s approval of the purchase of 20 electric buses — part of a pilot to further test battery-driven buses and how well they perform in the heat of a Houston summer. Setting a goal is part of Metro’s work to create an agency climate action plan, which will be written by a committee led by former Harris County Clerk and Metro board member Chris Hollins.

[…]

The change will not happen overnight, transit officials acknowledged. Metro, with a fleet of more than 1,200 buses, typically buys about 100 new buses a year.

Board members said in the interim they expect Metro to move aggressively but deliberately to new engines, either more natural gas, which is cleaner than diesel, or hundreds of new electric or hydrogen buses.

“Every step in that direction will be helpful,” Metro board member Sanjay Ramabhadran said last week during a discussion of agency’s goals.

See here for the background. A bit of wiggle room in that commitment, which is more about phasing out diesel than onboarding a particular technology, but that’s fine. I look forward to seeing which way they wind up going.