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August 27th, 2022:

Paxton finds a new way to be two-faced

I mean, what were we supposed to believe?

Best mugshot ever

Texas Attorney General Ken Paxton stunned election administrators across the state last week when he released an opinion that, in theory, would allow anyone to access ballots almost immediately after they were counted.

Records show that, as recently as five days before the office released that opinion, it was providing the exact opposite guidance to counties.

“The information at issue is confidential for at least 22 months after election day,” a public records opinion from the office, dated Aug. 12, reads. “Accordingly, the district attorney’s office must withhold the information at issue.”

Then, five days later, Paxton released his new opinion. “Members of the public” the new guidance read, are welcome to inspect “voted ballots during the 22-month preservation period.”

“What a difference five days makes,” said Chris Davis, elections administrator in Williamson County.

The record shows that Tarrant County did not receive the opinion telling it not to release the ballots until Aug. 22 — five days after Paxton issued his new opinion. This left the county unsure of how to proceed, and by that time, it had already challenged the new opinion in court. Paxton’s office did not respond to questions about what, if anything, changed in the five day period between the contradictory opinions.

[…]

Tarrant County’s court challenge to Paxton’s new opinion was filed as part of an ongoing records dispute. Citing yet another opinion issued to the office this summer, this one dated July 26 and also instructing the county not to release ballots, attorneys for the county’s election department asked the judge to find Paxton’s new opinion “erroneous.”

“On August 17, 2022, the Attorney General issued a formal opinion concluding for the first time in almost 40 years that voted ballots are not confidential,” they wrote. “The Attorney General’s most recent interpretation is erroneous, and the Court should not follow it.”

In addition to the opinions issued to Tarrant County and dated July 26 and Aug. 12, records provided to Votebeat show Paxton’s office provided identical advice in opinions dated June 16 and Aug. 1.

“We have two documents coming from the same office saying opposite things,” Tarrant County Elections Administrator Heider Garcia told Votebeat. “We’ve got to figure out what’s the path we’re going to walk to do our job.”

Garcia has clear reason to be concerned about the ruling. Earlier this year, after the 22 month window for the March 2020 primary lapsed, a group of activists spent weeks inside his office examining the 300,000 ballots cast by Tarrant County voters. The request took Garcia weeks to fulfill, and then required a dedicated room with videotaped surveillance and a staffer’s supervision.

“You want it as safeguarded as possible in case you actually do have a criminal investigation or some sort of proceeding where [ballots] become evidence,” Garcia said. “Ballots are really easy to alter. You just grab a Sharpie and draw a line on them and now how do you know if it’s been altered or not? Having absolute protection on the physical document, to me, is extremely important.”

See here for the background. I cannot think of a good reason for the sudden turnaround, not to mention the chaos caused by the out-of-order delivery of the contradicting opinions in Fort Worth. The simplest explanation is sheer incompetence. Which would be a surprise given that office’s track record – they’re evil, but they’ve been pretty effective at it. If you have a better idea, by all means say so.

I trust that the irony of Heider Garcia’s words in that last paragraph aren’t lost on anyone. The single biggest threat to the security of the ballots is the idiots that demand to “audit” them, who have to be watched like hawks to ensure they don’t accidentally or deliberately spoil them. I hope that the madness this all represents is helping to drive home the message that Republicans are a clear threat to democracy, as the January 6 hearings and confidential-document-theft-a-palooza have been doing. There are plenty of other things to be talking about as well, from guns to abortion to LGBTQ rights to climate change and renewable energy, but we can’t lose sight of this one. Whatever it’s going to take to convince people they can’t trust the Republican Party as it now exists, we need to be doing it.

Judge rules Texas cannot ban handgun sales to 18-to-20-year olds

WTAF?

A federal court in Fort Worth on Thursday struck down a Texas prohibition that limited adults under 21 from carrying handguns.

Texas law bars most 18- to 20-year-olds in the state from obtaining a license to carry a handgun or carrying a handgun for self-defense outside their homes. Two plaintiffs, who fall within that age range, and the Firearms Policy Coalition Inc., filed a lawsuit against the state to challenge the statute. The suit says the Texas law prevented the plaintiffs from traveling with a handgun between Parker, Fannin and Grayson counties, where they lived, worked and went to school.

U.S. District Judge Mark Pittman wrote that the Second Amendment does not specify an age limit and protects adults under 21 years old.

“Based on the Second Amendment’s text, as informed by Founding-Era history and tradition, the Court concludes that the Second Amendment protects against this prohibition,” Pittman wrote in the ruling.

The order will not go into immediate effect. Pittman stayed the ruling for 30 days pending appeal.

I didn’t know this lawsuit existed; it was filed last November, apparently. The under-21 law is nothing new, I guess it was just a matter of someone deciding that now was the time to sue. I find the reasoning specious – if there’s no age limit in the constitution, then why allow the restriction for anyone under 18 as well? Sure, there are plenty of laws restricting other things that minors may want to buy, but if we are talking about Our Sacred God-Given Unalienable Right To Own Guns, then who cares about that? Eighteen is just as arbitrary as 21 when you get right down to it.

The ruling is on hold pending appeal, and I have questions about whether it actually will get appealed. Do you expect Greg Abbott and Ken Paxton to want to appeal this, and to have their hearts in it if they do? Color me suspicious. We’ll see what happens next.

Cheney versus Cruz

Pop your popcorn, this should be fun.

Not Ted Cruz

U.S. Rep. Liz Cheney, one of the GOP’s highest-profile critics of former President Donald Trump, plans to set her sights on U.S. Sen. Ted Cruz and other Republicans who she says “made themselves unfit for future office” by going along with Trump’s false claims about the 2020 election.

The Wyoming Republican, who lost a primary this month to Trump-backed attorney Harriet Hageman, launched a political action committee with her campaign funds and now says she plans to use the PAC to go after “election deniers.”

Cheney, a leading member of the House committee investigating the Jan. 6 Capitol riots, told the Wall Street Journal that her first targets include Cruz, who she said “took steps that fundamentally threatened the constitutional order and structure in the aftermath of the last election.”

Cruz led an effort in the Senate to delay certifying President Joe Biden’s election win and objected to Arizona’s electoral votes less than an hour before demonstrators breached the Capitol on Jan. 6, 2021, pointing to “unprecedented” — and unproven — allegations of voter fraud. Cruz at the time was pushing for an “emergency audit,” which he has argued could have provided the final say Trump supporters needed to accept the results.

Cruz’s Senate term runs through 2024. The Texas Republican has said he would run again for president “in a heartbeat” after coming in second to Trump in the 2016 GOP primary.

Just so we’re clear, I don’t expect this effort to make much difference politically. I respect Liz Cheney for her principled stand for democracy and truth in the face of all kinds of resistance, but I’m under no illusions that she’s suddenly a force for progressive politics. I’m just hoping she’ll land some punches on a guy who needs to be regularly punched. I have no expectations beyond that.

Beware the tasty invasive Aussie lobsters

Hopefully we can eat enough of them to mitigate their impact.

They may be delicious, but they’re also invasive.

Texas Parks and Wildlife announced Thursday that several Australian redclaw crawfish were recently discovered again at an apartment complex pond in the Brownsville area.

Labeled an invasive species by the EPA, redclaw crawfish can reproduce prolifically and grow to a significant size, comparable to a lobster, according to TPWD.

They also taste like lobster.

Redclaw crawfish were first detected in the South Texas pond in 2013, according to TPWD. The pond is connected to a nearby water channel.

Collectively, the discoveries are just the second instance of the species being found in the wild in the U.S. The other happened in California.

TPWD Aquatic Biologist Dr. Archis Grubh said he found three additional redclaw in July, two miles away from the apartment pond.

“We don’t know when these invasive crawfish were first introduced or how far they have spread, but we do know they can have a negative effect on local species and biodiversity,” Grubh said in a release.

The problem is that once these things get into the environment, they’re very hard to eradicate, and they wreak havoc on the native species. The main cause of their appearance is very likely people dumping their personal aquariums into a nearby body of water. Don’t do that, y’all. Anyway, I hope we put a lot of effort into catching these things and serving them up in restaurants, but in the meantime if you spot any of them in the wild, let the TPWD know at [email protected]