Off the Kuff Rotating Header Image

September 25th, 2021:

So we have a fraudit

What a load of crap.

The Texas secretary of state’s office announced late Thursday that it has begun a “full forensic audit” of the 2020 general election in four Texas counties: Collin, Dallas, Harris and Tarrant. But the statement from that agency did not explain what prompted the move.

There has been no evidence of widespread voter fraud in Texas in 2020.

Sam Taylor, a spokesperson for the office, did not immediately respond to a request for comment. No elections officials in the four counties immediately responded for comment.

The announcement came hours after Republican former President Donald Trump requested Gov. Greg Abbott add an election audit bill to this year’s third special session. While Trump lost his reelection bid, he did win in Texas.

It was unclear if his request was related to the announcement from the secretary of state’s office. But Taylor’s press release said the agency has “already begun the process in Texas’ two largest Democrat counties and two largest Republican counties—Dallas, Harris, Tarrant, and Collin.” While Tarrant has long been a Republican stronghold, Democratic President Joe Biden narrowly beat Trump there, according to the county’s election results.

Former Secretary of State Ruth Ruggero Hughs, who oversaw the 2020 elections, resigned when the Texas Senate refused to confirm her appointment. A deputy for Hughs called the 2020 election “smooth and secure” earlier this year.

Who knows what any of this even means, or what safeguards are in place to ensure integrity and transparency. I’d say that this was a rogue official going off on their own, but I think we all know that when Donald Trump tells a weak leader like Greg Abbott to do something, Abbott will comply.

In the meantime, county officials have responded, for the most part appropriately.

Harris County leaders on Friday blasted the Texas secretary of state’s decision to conduct a comprehensive “forensic audit” of the 2020 election in four counties, including Harris, as a political ploy to appease conspiracy theorists and former President Donald Trump.

County Judge Lina Hidalgo accused Gov. Greg Abbott of trying to curry favor with the former president, who on Thursday called for an audit of the Texas results, despite comfortably carrying the state in his unsuccessful bid for re-election. She likened the effort to audits in Arizona and Pennsylvania, which have failed to find major errors in vote tallying.

There is no evidence of widespread fraud or irregularities in Harris County’s 2020 election, where a record 1.7 million voters participated.

“This does not deserve to be treated as a serious matter or serious audit,” Hidalgo said. “It is an irresponsible political trick. It is a sham. It is a cavalier and dangerous assault on voters and democracy.”

Precisely who ordered the audits of election results for Harris, Dallas, Collin and Tarrant counties, as well as what they would entail, remains a mystery. The Secretary of State’s Office distributed a news release Thursday evening, though the secretary of state post has been vacant since May and spokesman Sam Taylor did not respond to a request for comment.

I’d forgotten that we don’t actually have a Secretary of State right now. I guess that “audit” must have gotten started on its own. Probably a computer glitch somewhere.

County Elections Administrator Isabel Longoria said she was surprised by the secretary of state’s announcement, noting she had spoken with that office’s staff hours earlier about an unrelated matter. Longoria said no state agency or department has provided her with any information about how the audit of Harris County’s election results will be conducted.

After the 2020 contest, Longoria said her office conducted a partial manual review of mail ballots and electronic records from voting machines. Eleven months later, Longoria said she has turned her attention toward preparing for future elections.

“I’m now being blindsided about an audit that we have no information on and no direction on,” Longoria said. “My job is protect the voters… not just open up the books to whoever has a new conspiracy of the day, and let you run rampant with confidential election records.”

County Attorney Christian Menefee said the Texas audit “is clearly being done in bad faith” since it was announced just hours after Trump requested it. All three Harris County officials said they will comply with the law and any potential rulings from judges, but would otherwise not take the audit effort seriously.

“The goal of this is to intimidate our election workers and the folks who volunteer in elections, to undermine our confidence in democracy and to pander to … a gentleman who lost an election 11 months ago,” Menefee said. “We’re going to continue to push back where appropriate.”

Commissioners Court is divided over party lines on the audit. The two Democratic commissioners, Adrian Garcia and Rodney Ellis, said they agreed with Hidalgo’s criticism. Republican Precinct 3 Commissioner Tom Ramsey said despite county elections officials’ assurances that the 2020 contest was conducted securely, he does not know if that is accurate.

“I think there’s enough questions there,” Ramsey said. “Obviously, you need to go back and look at the numbers. Just because there hasn’t been anything (found) at this point, doesn’t mean it didn’t happen. That’s why you do an audit.”

OK, I’m back on the “redistrict that guy into oblivion” train. Harris County deserves way better than that.

Not just our county officials, either.

“The conspiracy theorists who want to come up with all these ways or reasons why this election wasn’t right — they might very well find something else [to doubt],” said Republican Tarrant County Judge Glen Whitley. “It’s time to move on.”

Whitley and officials in Harris also said they have not been told what the audits entail or what prompted them. They said they learned about them from a late Thursday press release sent by a spokesperson in the secretary of state’s office. Harris County Attorney Christian Menefee said an audit can have many forms, but Harris County elections administrator Isabel Longoria said her office hadn’t heard any details of what the state’s plans are as of noon Friday. Longoria said the county has already confirmed the results of the elections several times.

“If people want to hear it again and again and again and again, that nothing’s wrong — great,” she said. “But at what point are you going to be willing to hear the truth, that nothing was wrong with the November 2020 elections?”

[…]

Dallas County Judge Clay Jenkins, a Democrat, echoed Hidalgo’s remarks.

“This is a weak Governor openly and shamelessly taking his orders from a disgraced former President. Governor Abbott is wasting taxpayer funds to trample on Texans’ freedom to vote, all in order to appease his puppeteer,” Jenkins said over text message.

Jenkins said in an interview that Dallas County will not resist the audit for now — but if the state asks for more than what the county thinks is suitable under the election code, he could see challenging it in court.

Collin County had no comment at the time. Courage, y’all.

I’m sorry, I don’t have anything coherent to say about this. It’s bullshit all the way down, and I have a hard time taking its premise seriously enough to engage with it. But I will say this much, these guys have amazing timing.

On Friday afternoon, the leaders of the unorthodox 2020 election audit in Arizona announced the results of their monthslong, Trump ally–sponsored hunt for voter fraud in Maricopa County, which Joe Biden won by fewer than 11,000 votes out of millions cast.

The timing of the release hints at the significance of the audit’s findings. For months, Donald Trump has been billing the investigation as the thing that will provide definitive proof of his victory in Arizona. If the audit was going to show that the election was stolen from Trump by Democratic goons in cactus-covered antifa ski masks, why release it late on a Friday afternoon at a time usually reserved for dumps of information people want to go uncovered?

leaked report on Thursday evening offered an answer. The ballyhooed and controversially conducted hand count of nearly 2.1 million Maricopa County ballots still showed Biden defeating Trump, and though the margin changed by 360 votes it was actually Biden whose margin of victory grew from 45,109 to 45,469.

“This is yet the latest in a string of defeats for Donald Trump saying the election was rigged and fraudulent,” longtime Republican election attorney Benjamin Ginsberg said in a press call with the elections group States United. “[This] was their best attempt. This was an audit in which they absolutely cooked the procedures, they took funding from sources that should delegitimatize the findings automatically. This was Donald Trump’s best chance to prove his allegations of elections being rigged and fraudulent and they failed.”

It turns out that not even a partisan-funded and -conducted recount using procedures out of a Pee Wee Herman film could change the outcome. “The Cyber Ninjas couldn’t do the thing they were on the hook to do,” said cochairman of States United Norm Eisen.

I look forward to a similar result in Texas. Daily Kos and NPR have more.

Lawsuit filed over our very dumb new social media “censorship” law

So very dumb.

Texas is being sued over its new law barring social media platforms from banning users over their political views by two trade associations that represent some of the industry’s biggest online companies.

NetChoice and the Computer and Communications Industry Association, which represent Google and Twitter, among other companies in the e-commerce and social media industries, filed a lawsuit Wednesday asking a federal judge to block the law.

Under the law, which was passed by the Legislature as House Bill 20, and signed by Gov. Greg Abbott on Sept. 9, social media platforms with over 50 million monthly users in the U.S. — a threshold that includes Twitter, Facebook, Instagram and YouTube — must publicly report details about content removal and account suspensions biannually. The platforms are also required to establish an easily accessible complaint system, where users could flag violations of the law.

Supporters of the bill said it was a necessary step to ensure users’ viewpoints aren’t censored and people who are blocked have a path for recourse.

The state cannot force platforms to host content they wouldn’t otherwise host, the presidents of NetChoice and CCIA said in a Tuesday meeting with reporters. The law threatens the safety of users, creators and businesses that use platforms to reach their audiences, said NetChoice President and CEO Steve DelBianco.

“They can’t be forced to carry content that violates the community standards that they use to curate a community of online content that suits their advertisers and audience,” DelBianco said.

[…]

This lawsuit isn’t the first of its kind for NetChoice and CCIA. In May, the groups sued to block a similar measure in Florida, which became the first state to regulate tech companies’ speech. In June, a federal judge granted the request to block the enforcement of the law.

DelBianco said the First Amendment flaws outlined by the judge in Florida’s case “match pretty closely” to the Texas law.

I didn’t blog about this while it was happening because it was dumb. It was more performance art in a legislative session that was all about grievances and wingnut wish lists. This law will almost certainly die a quiet but expensive-to-defend death without ever being enforced, and we will all get on with our lives. And we will all be a little bit dumber because of it.

From the “ounce of prevention” department

What is that worth, again? It’s right on the tip of my tongue.

Accessing a critical COVID-19 therapy could soon be tougher in Texas as the federal government moves to ration the treatment amid the spread of new variants.

The Biden administration is taking over distribution of monoclonal antibodies, returning to the system that had been in place until vaccines became readily available and infections began to plummet this year. It also purchased 1.4 million additional doses.

Under the old system, the federal government had been doling out doses to states based on need, and states were then responsible for distributing them.

The administration had until recently been allowing hospitals and other health care centers to order directly from manufacturers, and the U.S. Health and Human Services Department would initiate a review of any individual site that ordered more than 50 doses to make sure none were hoarding.

But with the highly contagious delta variant continuing to spread nationally, demand for the treatment has soared, with concerns that it could soon outstrip supply. By last week, the vast majority of doses — 70 percent — were going to just seven Southern states where COVID cases are still high and vaccination rates are low, including Texas.

“The recent increase in the prevalence of the delta variant coupled with low vaccination rates in certain areas of the country resulted in a substantial (20-fold) increase in the ordering and utilization of (monoclonal antibodies) since mid-July,” the federal health services agency said in a statement. “Just seven states accounted for about 70 percent of our monoclonal antibody ordering. Given this reality, we must work to ensure our supply of these lifesaving therapies remains available for all states and territories, not just some.”

Under the new model — and a 50 percent bump in allocations that President Joe Biden ordered this month — Texas and Florida are still getting far more doses than other states. Texas received 23,640 doses this week, behind only Florida, which received 30,950. Georgia received the third most, 9,920.

There’s an extremely whiny quote in the story from Chip Roy, and y’all, if people like that put one tenth the effort they exert being crybabies into getting people vaccinated, we wouldn’t have these problems, because we’d have crushed COVID by now. My sense of empathy has been a major casualty of this pandemic, and I’d really like to get it back.

More federal support for emergency contraception

Good.

The federal government announced Friday it is providing additional funding to Austin nonprofit Every Body Texas to address a potential increase in clients’ need for emergency contraception and family planning services now that Texas prohibits abortions as early as six weeks into pregnancy.

Health and Human Services Secretary Xavier Becerra said in a release Friday that the Office for Population Affairs will award funding to the group, which is the statewide administrator of the federal Title X funding program, which provides family planning and reproductive health services to low-income patients.

Friday’s move comes as the Biden administration is challenging Texas’ near-total ban on abortion in court.

The federal government is also launching a new funding program that allows any entity across the country, regardless of if it receives Title X funding, to apply and receive additional money to provide reproductive and family planning services to patients impacted by Senate Bill 8.

There is $10 million available for these two programs, though it is unclear how much Every Body Texas is receiving directly. According to the federal government’s website, the grant application for the new program, called Funding to Address Dire Need for Family Planning Services, says they expect to award 10 grants between $150,000 and $1.5 million by the end of this year. The announcement said Every Body Texas must use the money provided by March 31.

[…]

Becerra also issued a memorandum detailing two federal statutes he says his department would enforce to provide protection for patients who may need an abortion and health care providers who assist pregnant patients in certain situations.

“​​Today we are making clear that doctors and hospitals have an obligation under federal law to make medical decisions regarding when it’s appropriate to treat their patients,” Becerra said in a release. “And we are telling doctors and others involved in the provision of abortion care, that we have your back.”

It was not immediately clear late Friday how Becerra’s memorandum would impact people’s ability to access an abortion in Texas or providers’ willingness to perform the procedure.

The two federal laws Becerra referred to include the Emergency Medical Treatment and Labor Act and the Church Amendments. The federal government issued a memorandum reminding health care providers that patients who appear in the emergency room must receive appropriate medical screening, stabilizing treatment and a transfer, in or out of state, regardless of state laws, including pregnant patients or patients experiencing a pregnancy loss.

Becerra said the federal government would impose civil monetary penalties against hospitals or physicians if they violate that law.

Second, the federal Office of Civil Rights released guidance about the Church Amendments, which prevent discrimination against health care personnell who object to performing an abortion because of their relgious beliefs. Those amendments also protect health care providers from discrimination if they do assist or perform a lawful abortion, such as an abortion where federal funds are used to end pregnancies that result from rape or incest or to save the life of the pregnant person.

See here for the full statement from HHS. This is the sort of thing that would have been good to do at any time, but these are not normal times, and it’s everyone’s job to fight back against SB8. I hope the commitment continues once we have a (hopefully positive) resolution to the litigation. The Chron has more.