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District court judge dismisses State Bar complaint against Brent Webster

This is a bad ruling, and it needs to be appealed.

A Texas district judge has dismissed a professional misconduct lawsuit against a top aide of Attorney General Ken Paxton seeking to discipline them for their effort to overturn the 2020 presidential election.

Milam County Judge John W. Youngblood ruled last week that his court lacked the jurisdiction to rule on the matter, agreeing with the attorney general’s argument that doing so would violate the separation of powers doctrine by interfering in an executive branch matter.

“To find in the commission’s favor would stand for a limitation of the Attorney General’s broad power to file lawsuits on the state’s behalf, a right clearly supported by the Texas Constitution and recognized repeatedly by Texas Supreme Court precedent,” Youngblood wrote.

A similar case filed by the State Bar against Paxton is still before a Collin County judge and has not yet been decided.

[…]

Jim Harrington, a member of Lawyers Defending American Democracy, a coalition of lawyers including two former State Bar presidents, who filed a friend-of-the-court brief in support of the State Bar, called the ruling a “legal charade.” The group also filed complaints that prompted the bar to file suits against Paxton and Webster.

“The logic of the judge’s decision is that, if a lawyer works for the Attorney General, there is no way to hold the lawyer accountable for ethical violations and professional misconduct,” Harrington said in a statement. “In other words, the attorney general’s office is above the law. That is contrary to the principle of the Constitution, and we hope the State Bar will appeal the ruling.”

Ratner, a co-founder of the group and a Maryland attorney, said he, too, was disappointed in the ruling and added that it misconstrued the premise of the suit.

“While separation of powers authorizes the Attorney General to decide what lawsuits to file on the State’s behalf, we believe it does not authorize him to make misrepresentations and dishonest statements to a court in violation of his duties as a Texas-licensed lawyer,” Ratner said. “That’s what’s involved here.”

See here for the background, and here for a copy of the letter the judge sent. Not a formal opinion, though I suppose he could still write one, just a one page letter. Obviously, if this judge fully bought into Ken Paxton’s sleazy and self-serving line of defense, it doesn’t bode well for the complaint against him. I think Jim Harrington has this exactly right, and I hope the State Bar has the wisdom and the guts to appeal this. Anything less would be a dereliction of their duty. The Trib has more.

Echelon Insights: Abbott 48, Beto 46

Make of this what you will. It’s a national poll plus samples of likely voters in a variety of states, some red and some blue and some purple, including Texas. The numbers of interest for us:

Do you have a favorable or unfavorable view of Joe Biden?

Very favorable = 20%
Somewhat favorable = 21%
Somewhat unfavorable = 13%
Very unfavorable = 44%
Other/Unsure = 0%

Do you have a favorable or unfavorable view of Donald Trump?

Very favorable = 26%
Somewhat favorable = 20%
Somewhat unfavorable = 9%
Very unfavorable = 44%
Other/Unsure = 2%

Do you have a favorable or unfavorable view of Greg Abbott?

Very favorable = 27%
Somewhat favorable = 22%
Somewhat unfavorable = 10%
Very unfavorable = 36%
Other/Unsure = 5%

Do you have a favorable or unfavorable view of Beto O’Rourke?

Very favorable = 28%
Somewhat favorable = 18%
Somewhat unfavorable = 10%
Very unfavorable = 38%
Other/Unsure = 6%

If the election for Governor were held today, would you vote for

Abbott = 48%
Beto = 46%

If the 2024 presidential election were being held today, would you vote for

Trump = 48%
Biden = 43%

If the election for U.S. House of Representatives in your district were held today, would you vote for

The Republican = 50%
The Democrat = 43%

I’m not familiar with this pollster. In the states like Arizona and Pennsylvania, they have pretty enthusiastic leads for Democratic candidates, but in the states where you’d expect Republicans to win they have them up by expectedly large margins. The Abbott/Beto race is the closest we’ve seen in any poll so far, but it’s not really an outlier. Abbott’s level of support is pretty consistently around 47-49 – he rarely if ever tops 50% in the polls – while Beto is usually around 42 or 43. It’s plausible to get this result just by the “don’t know” respondents leaning towards Beto. Note that this poll did not name either of the third party candidates, as some other polls have, so that could have a boosting effect for both Abbott and Beto as well. This is an optimistic result, and I’d like to see more like it before I fully bought in, but it’s not a bolt out of the blue. The Trump approval and 2024 numbers, the generic Congressional numbers, the Biden approval numbers, they’re all in line with other polls or in the case of the Congressional one leaning a bit Republican. Like I said, make of this what you will. See Lakshya Jain’s Twitter thread for more.

More on the Gillespie County elections office resignations

From Votebeat, how this mess got started.

Last November’s sleepy constitutional amendment election nearly came to blows in Gillespie County, a central Texas county known for its vineyards. A volunteer poll watcher, whose aggressive behavior had rankled election workers all day, attempted to force his way into a secure ballot vault.

The burly man was repeatedly blocked by a county elections staffer. Shouting ensued. “You can’t go in there,” the staffer, Terry Hamilton, insisted to the man, who towered over Hamilton. “We can see anything we want!” the poll watcher and his fellow election integrity activists yelled, according to an election worker who witnessed the scene. They accused Hamilton and Elections Administrator Anissa Herrera of a variety of violations of the state elections code, which they quoted, line by line.

“Oh Lord, they can cite chapter and verse,” recalled Sue Bentch, a Fredericksburg election judge who saw the confrontation that night. “But you know, just as the devil can cite scripture for its own purposes it seemed to me that it was often cited out of context and misinterpreted.”

“Finally, I called the sheriff’s officer,” said Bentch. The officer barred the activists from the vault. “Poor Terry was coming to fisticuffs.”

Previous elections had been no better. In 2020, a poll watcher called the cops on Herrera and filmed election employees in a dark parking lot. The same year, Herrera received a clutch of obscene, often racist, emails. And in 2019, a group of activists filed suit after Fredericksburg voters overwhelmingly rejected an obscure public-health ballot measure. That election, the activists argued, had been irrevocably tainted by fraud.

Three years of these hostilities were clearly enough for Herrera, who resigned this month.

The rest of the office staff — one full-time employee and one part-time employee — also departed, leaving the elections office completely vacant.

Recent media coverage of the exodus attributed it to threats of the type that have become common since the 2020 presidential election. In fact, Votebeat’s review of court documents, emails, and social media postings show Herrera and others struggling to combat fringe election conspiracy theories in Gillespie County long before former President Donald Trump encouraged his supporters to question the integrity of the 2020 vote.

In Gillespie County in 2019, the fringe was focused on fluoride.

See here for the background, and go read the rest, there’s a lot more. This is a reminder that shitty paranoid conspiracy theories existed well before The Former Guy, but as with most other bad things, he amplified and intensified them, in this case with some generous assistance from the Gillespie County Republican Party. I have no idea what a good way forward for Gillespie County is, but it’s not my problem to solve. I feel bad for the people of good faith who are trying to solve it. The problem is a lot bigger than they are.

What do we expect from CD23?

It was the perennial razor-close high-dollar swing district all last decade. Will Hurd won it three times, but never reached 50% in any of the three elections. It moved a few points towards the GOP in 2020 when Tony Gonzales won it, and redistricting made it a bit redder still, but it remains the closest Republican-held seat and may never fade as a perennial battleground. But that may depend on this year, when Gonzalez will have an easier time of it at least financially. I don’t know yet what I expect from that race.

Gonzales remains the favorite for a second term — given the new political makeup of the district and his stark financial advantage — but he said he is taking the race “extremely seriously” and treating it like he was still running under the famously competitive boundaries that were in effect before redistricting.

“The [elected officials] that don’t have to fight, that are just there as long as they want it — they’re like declawed indoor cats that get fancy meals when the bell rings out,” Gonzales said in an interview. “I think Texas [District] 23 — you’re like an alleycat that has to scrape and claw and fight for everything, and I think that just makes you just different. Like, you’re fighting for your life.”

This cycle, Gonzales said, he wants to “run up the score” and “take this seat off the table completely.”

A former Navy cryptologist, Gonzales won the seat in 2020 by 4 percentage points, a wide margin by the razor-thin standards of the 23rd District. He was the successor backed by U.S. Rep. Will Hurd, R-Helotes, a moderate who had built his own reputation for breaking with his party, perhaps most notably opposing former President Donald Trump’s push for a border wall.

Trump carried the 23rd District by 2 points in 2020. But redistricting morphed it into a district that Trump would have won by 7 points, and in March, the Democratic Congressional Campaign Committee officially removed the seat from its list of targeted races.

[Democratic candidate John] Lira argued redistricting “didn’t do Gonzales that many favors,” noting the Cook Political Report, an election forecaster, only increased the Republican advantage of the district by 3 percentage points. And he said he is encouraged by the cracks in Gonzales’ Republican support, the political fallout from the Uvalde shooting and the strength of Beto O’Rourke’s gubernatorial campaign at the top of the ticket.

As for the case against Gonzales, Lira said, “he’s got Will Hurd’s playbook in his back pocket and he’s trying to see how he can play both sides.”

While national attention has faded from the race, Lira recently got the backing of O’Rourke, who rarely issues formal down-ballot endorsements. Lira also has the support of the political arm of the Congressional Hispanic Caucus, which endorsed him after the district was redrawn.

[…]

“I do think the district is going to be a little more competitive than most people anticipated — now how competitive, I don’t know,” said Jeff McManus, chair of the Bexar County GOP. “We sort of have a three-way race going,” with the independent challenger from the right.

McManus said he wishes Gonzales “were a stronger conservative.” The two were on opposite sides of the county party chair election in May, when Gonzales backed the incumbent, John Austin, that McManus defeated.

The independent candidate is Frank Lopez Jr., a former U.S. Border Patrol agent who had to give up his position as chair of the Val Verde County GOP to run. He and Gonzales are very familiar with one another: Lopez was the campaign manager for Raul Reyes, Gonzales’ bitter rival in the 2020 Republican primary runoff for the 23rd District.

Lopez said he ran as an independent, not in the GOP primary, after seeing “the way Raul lost” at the hands of the party’s establishment, which had coalesced behind Gonzales.

“Texans are tired of these dangerous Democrat policies,” Lopez said in an interview, “but they’re also tired of the pandering and games from the RINOs, establishment and globalists in the Republican Party. I had to give Texans a true choice.”

Lopez added that he sees a “perfect storm” for his candidacy, citing the recent intraparty blowback Gonzales has faced and Democrats he meets who say they are looking for a new political home.

Gonzales jokingly asked “Who?” when asked about Lopez in an interview. More seriously, he said the 23rd District has always had a third candidate in November who gets 3% to 5% of the vote and that he expected Lopez would be no different. Still, he said he is not taking Lopez for granted and that it “helps me stay sharp.”

Most of the rest of the story is about Gonzales’ votes in favor of the Cornyn gun control bill and the House bill to protect same-sex marriage, both of which has drawn him some criticism and two censure votes from aggrieved county GOPs (a third, in Bexar County, failed to pass). Good for him and all, but that’s not what I’m here to talk about. I’m here for the numbers.

For what it’s worth, Trump carried CD23 by seven points in 2020. The next two closest districts are both Dem-held (CD15, Trump +3; CD28, Biden +7), and after that it’s all double digits, with CDs 24 (Trump +12), 03 (Trump +14), 22 (Trump +16), 26 (Trump +18), and 38 (Trump +18) next in line. The main difference between CD23 and these other districts is that the latter all moved strongly towards Dems since 2012, with Mitt Romney carrying them by 38 to 44 points. It would not shock me if Beto does about as well in CDs 03 and 24 as he does in CD23. I don’t think Gonzales is going to achieve his goal of taking CD23 off the table, but I could easily see him winning by 10-12 points and discouraging any serious competition in the near term future. I could also see him winning by about the seven points that Trump won it by and remaining in the same position. He has some big advantages, but this is officially a Very Weird Year, and I’m not making any predictions about it. Long term I think this district remains on the radar, but maybe not at the front of the pack. We’ll see.

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.

Paxton’s State Bar disciplinary hearing

We are slowly moving towards finally having some kind of result in this saga.

Best mugshot ever

Lawyers for Texas Attorney General Ken Paxton argued Wednesday that a Kaufman County judge should toss a lawsuit alleging he acted unethically in a legal challenge that sought to overturn the 2020 presidential election.

The first public hearing in the case inside a near-empty Kaufman County courtroom was not to determine the merit of the lawsuit lodged by a disciplinary commission of the state bar, but whether the group can seek sanctions against Texas’ top lawyer.

Paxton’s lawyers said the case, which could threaten his law license, is an unconstitutional attempt to control his office’s work and could have a chilling effect on future attorneys general. But an attorney for the commission countered that all lawyers should be subject to the same rules of professional conduct, no matter their position.

Judge Casey Blair, a Republican, did not issue a decision from the bench Wednesday. The outcome could establish the limits of the commission’s power to sanction lawyers who serve in high-ranking elected positions.

Any ruling will likely be appealed, meaning it could be months before the bar’s complaint over Paxton’s 2020 election lawsuit is heard in court, if ever.

[…]

In the hearing Wednesday, Christopher Hilton, a state attorney representing Paxton, argued that if the court allows the lawsuit to go forward, then “every future attorney general will have to fear for their law license rather than represent the state of Texas to the best of their ability and the way their voters expect that they would do.

“They would be hamstrung on unelected bureaucrats,” he said.

Royce LeMoine, a lawyer for the commission, said Paxton is being sued for his actions as a lawyer, not as the state’s attorney general, and that this is not a “select prosecution.”

“The commission’s disciplinary rules do not violate the respondent’s ability to advocate for his clients and the state of Texas,” LeMoine told the judge.

See here, here, and here for the previous updates. The Chron had a preview story on Tuesday.

“I hope it proceeds,” said Jim Harrington, one of the Texas lawyers who filed the State Bar complaint. “I hope [the judge] bites the bullet and denies the plea because it’s the right thing to do.”

[…]

In seeking to dismiss the disciplinary case, Paxton’s lawyers argue that it would violate the separation of powers doctrine for the Texas courts to “police” what they say was an executive branch decision. They also claim Paxton is protected by sovereign immunity, the legal principle that generally shields public officials from lawsuits.

In a separate motion, the attorney general’s office is asking the judge to allow the agency to intervene in the case on Paxton’s behalf.

The 2020 suit was not “dishonest, fraudulent, or deceitful,” they write in filings, and the State Bar’s issues with it essentially amount to a “political disagreement.”

“If Texans disapprove of the how the Attorney General exercises his authority, the remedy is to vote him out of office,” Paxton’s attorneys write. “The bar has no veto over how the Attorney General exercises his constitutional authority.”

Paxton was not the first attorney general to be asked to spearhead the case, and lawyers in his own office, including then-Solicitor General Kyle Hawkins, had argued against it, according to the New York Times. Hawkins, who would normally represent the state in such litigation, had no involvement in the case when it was filed and resigned within a month.

Top lawyers at the Florida attorney general’s office ridiculed the suit as “bats—t insane,” emails revealed.

Recent polls have shown the attorney general’s race is highly competitive between Paxton and his Democratic opponent Rochelle Garza, a former ACLU attorney. Garza, who has portrayed herself as the candidate who will bring integrity to the attorney general’s office, isn’t buying Paxton’s legal argument in this case.

“Political disagreements have to do with policies, not facts,” Garza said in a statement. “Even first-year law students know that legal accusations of wrongdoing require evidence, yet two years later, Paxton continues peddling his baseless lies about the 2020 election. Texans deserve an attorney general who believes in the rule of law and ethically uses the power of the office to serve Texans, not for their own political ends.”

Any decision in the case could foreshadow the result of a suit filed against Paxton’s First Assistant Attorney General Brent Webster by the Texas Bar for his involvement in the 2020 Supreme Court petition. Webster is also seeking to dismiss his case, and a hearing will be held Sept. 6 in Williamson County.

Paxton and Webster are being represented by lawyers from the attorney general’s office, as well as outside counsel. The office has not responded to questions about why they need both. The cost to taxpayers so far is over $46,000, and that’s before today’s initial proceedings.

The attorney general’s office has said the four in-house attorneys working on the case are not keeping track of their billable hours. The office did not explain why no timekeeping was done, despite its policy of doing so for other types of cases.

“To me, it’s really outrageous they’re using taxpayer money,” Harrington said. “This has nothing to do with his role as attorney general, absolutely nothing. It’s only his role as an attorney. Even if the State Bar disbars him, it has no effect on him being attorney general.”

You will not be surprised to know that I am on the State Bar’s side in this dispute. Paxton’s argument has merit to the point that elected officials should not be held accountable for political decisions by non-political offices like the State Bar. Where that falls apart is that he was also acting as a lawyer, and in doing so was violating the ethical and professional rules that lawyers are supposed to abide by. The evidence for that is overwhelming, from the sheer brazen falsity of the the claims he was making to the way similar lawsuits had been routinely batted aside by a myriad of courts to the fact that his own Solicitor General, whose job it is to make these arguments in court, refused to participate. If he can’t be held accountable for that then he has a blank check to do anything. That cannot be the right answer.

Anyway. If Paxton is found guilty, he will be subject to discipline from the State Bar, which could be anything from a scolding to being disbarred. While the latter seems unlikely to me – from what I have observed, it’s usually lawyers that do things like misappropriate clients’ money that get the boot – I don’t think it would be inappropriate given the seriousness of the issue. If that did happen, Paxton would still be able to hold the office of Attorney General. We’re not getting rid of him that easily. I don’t know what to expect and I don’t know how long it might take. With Paxton, we’re used to waiting on these things. Reform Austin has more.

Let’s name a few legislative battlegrounds

It’s getting to be that time of the election cycle.

Mihaela Plesa

Two years ago, Democrats were gearing up for a rare opportunity in modern times: capturing the Texas House majority.

But after they came up woefully short — and Republican-led redistricting reduced the number of competitive races — the battlefield heading into November is notably smaller.

Still, both sides see important stakes in the state House races this time around. While the majority is not on the line, the hottest races are unfolding in key areas that each party understands is critical to their growth for the next decade.

Look no further than the three districts that both Democrats and Republicans see as their highest priorities. Two of them are in South Texas, where Republicans are working to make inroads with Hispanic voters, while the other is in North Texas’ Collin County, a place emblematic of the fast-growing suburbs where Democrats have gained ground over the last few election cycles.

The GOP is especially serious about the two seats in South Texas — House District 37, a new open seat in the heart of the Rio Grande Valley, and House District 118, a San Antonio-based seat that Republican John Lujan flipped last year in a special election. House Speaker Dade Phelan, R-Beaumont, and the Republican State Leadership Committee, a national group that works to elect Republicans to state legislatures, are announcing Monday that they are funding $360,000 in TV ads aimed at the two districts, a substantial opening salvo on the battlefield.

[…]

Millions of dollars are expected to pour in to HD-37 and HD-118 — the two South Texas seats — and then HD-70, the one in Collin County. President Joe Biden would have carried each of the three seats over Donald Trump in 2020, but only by margins of 2 to 11 points, which gives them battleground status in the current environment, according to operatives. HD-37, which Republicans rammed into the map overnight during redistricting, is the closest on paper, with a Biden margin of only 2 percentage points.

Lujan is easily the most endangered Republican incumbent, but a few others can be expected to have competitive races, including Reps. Steve Allison of San Antonio, Morgan Meyer of Dallas and Angie Chen Button of Richardson. However, all three have had tough general elections before — especially Meyer and Button — and Republicans have faith in their ability to defend themselves.

There are also some additional open seats that the GOP will have to monitor, like the Houston seat where Republican state Rep. Jim Murphy is retiring.

On the Democratic side, the most endangered incumbent may be Rep. Eddie Morales of Eagle Pass, who represents a massive district covering most of the Texas-Mexico border.

As for the issues, the GOP messaging is set to take on a national tone, seeking to tap into Biden’s deep unpopularity in Texas, especially on border security and inflation. The House Democratic Campaign Committee said its candidates are focusing on “good jobs, strong public schools and access to affordable health care.”

“In contrast, Republicans are obsessed with banning abortion with no exceptions and making sure anyone can carry a gun with no training or license,” an HDCC spokesperson, Stella Deshotel, said in a statement.

With the primaries over, candidates across the races are sounding notes of independence and bipartisanship. Mihaela Plesa, the Democratic nominee for HD-70, said in an interview it was important for representatives to go to Austin and “not just be another vote for the party line.” Her Republican opponent, Jamee Jolly, said she was optimistic she would appeal to the Biden voters in the district, which he would have carried by 11 percentage points.

“I think a lot of people chose Biden because they didn’t like the Republican option. I know that for a fact because I have friends who have said that,” Jolly said, adding that her friends found Trump “divisive” and that she would legislate as “much more of a convener, a solutions-seeker,” reaching across the aisle.

Plesa said the No. 1 issue she hears about is public school finance, along with concerns about the “social wars” that are erupting in the classroom. But she said she is also hearing a lot about abortion after the Roe v. Wade decision, which triggered a ban without exceptions in Texas. Jolly said that her focus is now on “how we continue to support maternal health care.”

First and foremost: San Antonio is not South Texas, and I will die on that hill. I am begging you to be more precise in your geographical descriptors.

Second, just to provide some perspective, here are the 2020 Biden/Trump numbers for all of the districts name-checked in this story:


Dist  Biden   Trump Biden% Trump%
=================================
037  27,740  26,576  50.6%  48.4%
070  45,111  35,989  54.7%  43.6%
074  31,415  28,538  51.7%  46.9%
108  54,481  55,364  48.9%  49.7%
112  44,881  45,370  48.9%  49.4%
118  36,578  34,584  50.6%  47.9%
121  50,133  52,533  48.1%  50.4%
133  40,475  42,076  48.4%  50.3%

Most of these districts got more Democratic between 2012 and 2020, often much more Democratic. HDs 37 and 74 are the exceptions in that list. You can go read that earlier post for all the context. HD70 is a current Republican district that was redrawn to be Democratic, whose incumbent is not running for re-election, and should be the most likely of the bunch to flip. I don’t think I’m going out on a limb here to say that if Dems don’t pick up HD70, it will have been a disappointing Election Day. It’s impossible to imagine a good overall result if the Republicans can hold that one. Republicans flipped HD118 in a low-turnout special election, which is a thing they had done before as well. Dems won it back that November, but HD118 was a more Democratic district in the previous map. Bexar County moved strongly Democratic overall last decade, though (Pre-redistricting) HD118 was at the bottom of the progress list. I also feel confident saying that Dems will be disappointed if they don’t take this one back.

Fundraising numbers are also a factor, and likely a reason some other relatively even districts were not mentioned in this Trib story. HD70 Dem candidate Mihaela Plesa has done pretty well, while HD118 candidate Frank Ramirez, who fell short in the runoff of that earlier special election, has done less so. I’ll want to take a look at the 30-day numbers in some of these races to see what other signals there may be.

I don’t want to get too deep into all this, as I don’t know much about these races beyond the numbers. I do believe that we will see a different, perhaps broader, class of contested races in 2024, partly because a lot of Republican seats were drawn with relatively tight margins, and partly because this year may tell us something new about the trends we have been seeing in the past three elections. There are always some districts that over- or under-perform their expected numbers, and this time should be no exception.

All of Gillespie County’s elections staff resigns

Who could blame them?

Citing threats and even stalking, all three employees at the Gillespie County elections office have resigned from their positions, leaving the office empty with less than three months before the primary election in November.

The Fredericksburg Standard-Radio Post first reported the wave of resignations last Wednesday, after staff say they received numerous threats and in some cases, even stalking. Now former Gillespie County Elections Administrator Anissa Herrera told the Standard that after the 2020 election she was threatened, stalked and called out on social media.

“The year 2020 was when I got the death threats,” Herrera told the Post. “It was enough that I reached out to our county attorney, and it was suggested that I forward it to FPD (Fredericksburg Police Department) and the sheriff’s office.”

[…]

Josh Blank, director of research at the Texas Politics Project at the University of Texas at Austin, says that with the threats election workers are facing — coupled with an already difficult job — it is more surprising that additional election workers have not yet resigned.

“You’re asking people to do more work under greater scrutiny, and now, threats of physical violence. So it’s not so surprising that this sort of, you know, election workers has decided to resign.” Blank said.

Gillespie County voter Victoria McClurd says that she was both shocked and not shocked that resignations occurred.

“If they’ve been receiving death threats, then I would too, because we’ve gotten to a point where the threats are not benign,” McClurd said. “[In] the last election I was going to be a poll person, and they were talking to us about what to do if someone comes in and is violent. That’s not what happens in a civilized society.”

Sam Taylor, the assistant secretary of state for communications, said the state is already working with Gillespie County officials to help them move forward and prepare for the upcoming election.

“We have already committed to sending trainers from our office to ensure that the County will have the tools and resources they need to conduct a successful election in November,” he said in an email statement.

As we know, it’s not just in Gillespie County that election workers are being terrorized. These folks were just the highest profile to date to say screw it, my life and my family’s life aren’t worth this shit. Note that Gillespie County voted 79% for The Former Guy in 2020. At the risk of trying to impute rational thought on these idiots, what exactly do you think was going on there?

Obviously, the bulk of the blame here lies with our felonious ex-president, but it certainly doesn’t stop there. Every statewide elected Republican that has ever dabbled with election conspiracies, unsubstantiated claims about voter “fraud”, casting suspicion on mail ballots or ballots cast in Democratic counties, they all share the blame for this. State Rep. Kyle Biederman, who “represents” Gillespie County, is one of the worst offenders out there. If they would like for their own elections to be handled in a smooth and competent manner, now would be a good time to say something to push back on the paranoia and rage that they’ve been stoking. Greg Abbott could ask the Texas Rangers to step in and investigate the threats made against Anissa Herrera and her colleagues. Ken Paxton could personally vow to prosecute whoever gets arrested to the fullest extent of the law. Dan Patrick could promise to pass a law that would offer more protection to election workers and provide harsher penalties for making these kinds of threats. That won’t undo their damage but it ought to make the jackals doing the threatening think twice about it. It would also be the right thing to do, and might help turn the temperature down a bit.

This is a five-alarm fire. For once, the arsonists have a chance to try to atone for their sins. What are they going to do about it?

UPDATE: From the Express News, as carried by the Chron:

Gillespie County Judge Mark Stroeher told the Standard-Radio Post that the entire staff resigned for similar reasons, leaving the county in a dire situation for the upcoming November election.

He said that the county has “some people who are pretty fanatical and radical about things” and drove out Herrera and the staff. Stroeher said that the job became more difficult than it probably should be “because of some individuals who are continuing to question how they are doing things,” according to the Standard-Radio Post.

“Elections are getting so nasty and it’s getting dangerous,” Stroeher said to the Standard-Radio Post.

Stroeher told the outlet that he will be contacting the Texas secretary of state for guidance about holding the November elections.

“It’s unfortunate because we have candidates that need to be elected, and we have voters who want their voices to be heard by the ballots,” Stroeher said. “I don’t know how we’re going to hold an election when everybody in the election department has resigned.”

And what have you been doing to combat that fanaticism and radicalism you mention, Judge Stroeher? This is your responsibility, too.

Election officials and workers need our help

We’ve identified the problem. That’s good. Now let’s do something to fix it.

Misinformation about elections has led to violent threats against election workers in Texas and other states — including one who was told “we should end your bloodline” — according to a new report released by a House panel Thursday.

The House Committee on Oversight and Reform heard from one county election official in Texas that he received death threats after being singled out by out-of-state candidates who claimed the 2020 election was stolen. Those threats quickly escalated and eventually included his family and staff.

Tarrant County Elections Administrator Heider Garcia received social media messages including, “hunt him down,” “needs to leave Texas and U.S. as soon as possible,” and “hang him when convicted for fraud and let his lifeless body hang in public until maggots drip out of his mouth.”

The report said Garcia had to call law enforcement when his home address was leaked and calls for physical violence against himself and his family increased — eventually leading to threats against his children that included “I think we should end your bloodline.” Law enforcement determined that none of the threats broke the law, but they did provide coordination and additional patrol around his neighborhood.

The findings are the latest evidence of how former President Donald Trump’s unfounded claims that the 2020 election was rigged against him have taken root as they have been echoed by his supporters, including Texas Republicans who passed new voting restrictions last year.

The report comes as polling released this week indicates two-thirds of Texans who identify as Republicans still do not believe the 2020 election was legitimate. The June survey by the Texas Politics Project at the University of Texas at Austin found 66 percent of Texas Republicans said they don’t believe President Joe Biden legitimately won the election. That was unchanged from February when they were asked the same question.

The report is part of a longrunning effort by congressional Democrats to push back on Trump’s claims and new voting restrictions in states, including Texas.

“Election officials are under siege,” said U.S. Rep. Carolyn Maloney, a New York Democrat who chairs the oversight panel. “They face growing campaigns of harassment and threats, all driven by false accusations of fraud.”

[…]

Garcia wrote that Sidney Powell, Trump’s former lawyer who sought to overturn the 2020 election, appeared on Fox News pushing bunk claims about voting machines turning Tarrant County blue. Garcia was also targeted by Michelle Malkin, a conservative commentator on Newsmax, and far-right website The Gateway Pundit.

Their attacks on Garcia came when Biden won the typically red county by 0.2 percentage points after Trump had led the initial count on election night, before late absentees and provisional ballots were included.

“What followed in the next 4 to 6 weeks was a terrible time of threats and concerns for the safety of my family, my staff and myself,” Garcia wrote.

The House panel in April sent letters to elections administrators in Texas, Arizona, Florida and Ohio asking how misinformation had impacted their work. The report’s findings are based, in part, on responses by Remy Garza, a Cameron County election official who is president of the Texas Association of Election Administrators.

Garza told the committee that during debates in the legislature over proposed changes to voting laws, public testimony frequently included “broad generalizations of alleged fraud” and “repeated misleading information about actions taken by the Harris County clerk responsible for the November 2020 election.”

Garza said the bills Texas Republicans passed were inspired by “false information” and were also sometimes impossible for elections administrators to implement. For instance, the state Legislature enacted a requirement for voting machines to produce a paper record without providing the necessary funds to cover the costs of converting existing equipment to comply, as well as other requirements that are not possible in counties that don’t have certain elections systems.

I have a hard time understanding how those threats against Heider Garcia’s family would not be considered violations of the law. If that’s the case, then the law needs to be updated, because we just can’t have that in a world where we also want free and fair elections run by competent people. Various provisions to offer protection to election officials were included in the voting rights bills that passed the House but were doomed by the filibuster in the Senate. I’m hopeful we’ll get an update to the Electoral Count Act of 1877 to shore up the weaknesses that Trump tried to exploit in 2020, but I seriously doubt that an amendment to include those election official protections could be added, for the same filibuster-related reasons. We’re going to need the same “hold the House and expand the Dem majority in the Senate” parlay to have some hope for this next year. I hope we can wait that long. The Trib has more.

Who audits the auditors?

A novel idea. Not sure it will get anywhere, but it does send a message.

Harris County Commissioners Court, by a 3-2 partisan vote, agreed to explore legal options, including a possible lawsuit, to challenge the results of a random drawing by the Texas Secretary of State’s Office that means another round of election scrutiny for Texas’ largest county.

“It ought to be the state of Texas that is audited,” said Precinct 1 Commissioner Rodney Ellis, who proposed the lawsuit. “This place has gone back to the bad old days.”

Harris County learned last week it was one of two large counties chosen for an election audit by state officials, under new procedures lawmakers approved for election scrutiny. It is the second audit of Harris County, after another approved weeks following the 2020 general election.

[…]

Harris and Cameron counties were the two large ones chosen in a drawing from a bucket, the Secretary of State’s office announced; Eastland and Guadalupe counties were the two small counties selected.

Harris County Attorney Christian Menefee, however, questioned the authenticity of the drawing, saying the broadcast of the drawing “looks like a video out of a sketch comedy show.”

“The camera does not show the slips going into the bucket,” Menefee said, noting various aspects of the drawing that are not filmed. “They don’t even show the slips to the camera.”

See here for the background. Just as a reminder, while there have been issues in other elections in Harris County, the November 2020 election ran incredibly smoothly. And the SOS has already done an “audit” of that election, even if they never bothered to release a report on their “audit”.

My guess is that this doesn’t go anywhere, because I can’t see what grounds there are to sue. (Remember: I Am Not A Lawyer. There is an excellent chance that I am full of beans here.) One could argue that Harris County should have been exempted from this year’s drawing, as the law states that counties cannot be subjected to this audit in consecutive cycles. But the previous audit was not done under the auspices of that law, so the legal response to that would be some form of “tough luck”. Again, I don’t know what the actual attorneys who will be looking into the legal possibilities may find here, so take all this with an appropriate amount of skepticism. But if you were to bet me a dollar right now that 1) Harris County would file a suit as threatened, and 2) it would result in a temporary restraining order, I would take that bet.

If on the other hand the point of this is to denigrate the audit process, which was created in response to Big Lie mania, I’m fine with that. If the idea is to suggest that the state can’t be trusted to conduct a fair random drawing, let alone a fair audit process, that works for me. Judge Hidalgo spoke about the need to combat Big Lie hysteria, which is doing immense damage to the election process and a whole lot more, in the story. That’s a worthwhile mission. If it turns out there really is more to it than that, I’ll be happy to have been proven wrong.

Fraudit 2.0

Here we go again.

Harris County will be one of four Texas counties to undergo an audit of its upcoming November election results by the Texas secretary of state’s office.

It will be the second election audit in two years for Harris County, though the first to be conducted under election law the state legislature passed in 2021.

Eastland, Cameron and Guadalupe counties were selected for the audit process, as well.

By state law, four counties are to be audited at random every two years, two with a population greater than 300,000 and two counties with smaller populations. There are 18 Texas counties with populations greater than 300,000, meaning the state’s large urban counties will face the most audits. Texas has 254 counties.

The audits are to be conducted after November elections in all even-numbered years, and they will look at elections in the four selected counties from the preceding two years. The counties selected will not have to pay for the audits.

On Twitter, Harris County Attorney Christian Menefee questioned the randomness of the selection process. In response, the secretary of state’s office tweeted a link to a video on Facebook that showed the process — the names of large counties and smaller counties are printed on individual labels, and then the four counties are drawn from a bucket. When an employee drops the labels of the large counties into the bucket, it does not happen on camera.

Menefee’s office put out a statement in which the county attorney called the latest audit a ‘waste of time.”

“Harris County will comply, as we’ve always done,’ Menefee said. “But this is a waste of time. Last year the state coincidentally launched an audit of the county’s 2020 election just hours after former President Trump called on the governor to do so. That audit has been consuming the resources of our Elections Administrator’s office at a time where they’ve had to hold a record number of elections. By the way, that audit has still not been completed.

“Now, the state has ‘randomly’ selected Harris County to be audited for the 2022 election,” the statement continues. “Voters should be asking themselves what purpose these audits serve beyond wasting taxpayer money. As has been shown time and again, our elections are secure. The entire premise of these audits—that there is widespread fraud in our elections—is false.”

[…]

In September 2021, the secretary of state’s office announced it had begun a “full and comprehensive forensic audit” of the 2020 election in four Texas counties, including Dallas, Harris and Tarrant — the state’s three largest counties, all of which voted for President Joe Biden. The audit also encompassed Collin County, the largest in Texas carried by former President Donald Trump.

State law establishing the new audit process specifies: “a county selected in the most recent audit cycle may not be selected in the current audit cycle.” Though Harris County’s 2020 election results currently are being examined under a “forensic audit” by the state, the county still is eligible for a new audit in the current cycle because they are separate audit processes, according to Texas Secretary of State spokesperson Sam Taylor. He confirmed Harris County will not be eligible for an audit in the following election cycle.

See here for all my previous blogging on this topic. The video in question can be found here; it was posted by someone at the SOS office in response to a snarky tweet by Christian Menefee. There was a preliminary result from that first “audit” posted in January of 2021 – I can say I’m not aware of any followup stories about that. This is a bullshit law passed to satisfy the Big Lie, and it’s on the list of laws that have got to go when Dems get a turn.

(There’s also an unofficial “audit” of 2020 primary ballots going on in Tarrant County. I can’t even read that story, I start seeing red two sentences in.)

Paxton so petty

This guy, man. What a stain.

Best mugshot ever

Attorney General Ken Paxton is escalating his feud with the State Bar of Texas by banning his office’s lawyers from speaking at any events organized by the bar.

Paxton’s office also will not pay for any attorneys to attend bar-sponsored events, according to an internal email obtained by The Texas Tribune.

The state bar is suing Paxton over his 2020 lawsuit challenging the presidential election results in four battleground states. Paxton has denounced the lawsuit, which alleges professional misconduct, as political harassment.

The internal email — sent Monday by Shawn Cowles, Paxton’s deputy attorney general for civil litigation — references the lawsuit, calling it “just the latest instance in the Bar’s ongoing evolution into a partisan advocacy group.”

“Let’s be clear: these are politically motivated attacks that violate separation-of-powers principles and offend our profession’s values of civil disagreement and diversity of thought,” Cowles wrote.

The new office policies are effectively immediately.

[…]

The state bar is an agency of the judiciary that licenses lawyers to practice in Texas and hosts regular training and networking events around the state.

Let’s put aside any question for a minute about whether or not Paxton has a legitimate gripe with the State Bar’s actions against him. (He doesn’t, but for the sake of argument let’s pretend he does.) He’s taking out his anger on his employees. How would you feel if your boss forbade you from doing any professional development because he’s in trouble with the cops? You have to be an exceptionally shitty person to act like this.

The State Bar’s response to Paxton

As you know, the State Bar of Texas filed a lawsuit against Ken Paxton in a Collin County district court in order to proceed with the complaint filed against Paxton for his attempt to overthrow the 2020 election by filing a massively dishonest and bad-faith lawsuit against four states won by President Biden. Paxton filed his response to that lawsuit a month ago, and now the State Bar has responded to his response.

Best mugshot ever

Weeks before the May 24 primary runoff election for attorney general, Paxton publicly tweeted the State Bar was following a “political narrative” by filing its action “just a few weeks before” his election. Paxton made the same argument in his court answer to the petition.

The commission filed its response last week, emphasizing the petition was filed the day after the election and the only significance to that filing date is that it occurred on the same day the presiding judge of the First Administrative Judicial Region signed the Order of Assignment; the commission couldn’t have filed sooner.

Moreover, the complaints were presented to an investigatory panel Jan. 5. After the panel found “credible evidence” to support a finding that Paxton violated the code of ethics, “the commission attempted to negotiate a resolution with (Paxton),” the response states.

It was Paxton that elected to have the disciplinary action heard in Collin County, and it was Paxton that “conjured up the specter of a political narrative,” the commission stated, to politicize an otherwise straightforward disciplinary proceeding.

In Paxton’s answer, he cited several defenses, including a lack of jurisdiction, a violation of separation of powers, and sovereign immunity.

Paxton asserts in his plea that he is unique, and unlike every other licensed attorney holding the position of state attorney general in the United States, is altogether exempt from having to comply with his state’s rules of professional conduct, even when acting directly as counsel of record before a court, the commission response states.

[…]

Paxton argued that as part of the executive branch the courts had no jurisdiction over him. The commission said this premise was tested and failed in two other states, Minnesota and Connecticut. Referring to In Re Lord, the Minnesota Supreme Court held, “the governor has no power to clothe the attorney general with immunity for disciplinary powers of the court when the attorney general appears in court as an attorney,” and that such a finding would “reduce the court to a tool of the executive.”

The commission said that, despite Paxton’s contentions that the disciplinary action was brought for political or retaliatory purposes, that action is not about his decision as the attorney general to file the case.

“Rather, the commission contends that the pleadings respondent prepared and filed contained numerous statements that were false, dishonest, and deceitful,” in violation of the Texas Disciplinary Rules of Professional Conduct, the response states.

Referring to Paxton’s separation of powers argument, the commission told the court the State Bar Act gives the Texas Supreme Court administrative control over regulations governing the practice of law, and the high court has inherent regulatory powers as well within the state Constitution.

On sovereign immunity, the commission said Paxton isn’t being sued in his official capacity, but personally in his capacity as a licensed attorney.

See here and here for the previous updates. A major component of the State Bar’s response has been to take on Paxton’s claims that the whole process is political, because that’s the main tool he has in his bag whenever someone tries to hold him accountable for anything. Indeed, the headline of this story notes how the State Bar turned Paxton’s complaints about the process against him, because Paxton can’t help but be a lying liar who lies a lot. I can’t say how effective any of this will be, but you do love to see it. I don’t know when the next update is, but as always I’ll be watching. The Statesman has more.

Paxton responds to State Bar lawsuit against him

Blah blah blah, you can’t sue me, blah blah blah.

Best mugshot ever

Texas Attorney General Ken Paxton is seeking to dismiss a professional misconduct lawsuit filed by the state bar against him related to his legal challenge of the 2020 presidential election, court documents show.

In a court filing June 27, Paxton asked a district court in Collin County to dismiss the Texas State Bar’s lawsuit. The state’s top lawyer, a Republican who is seeking a third term in office, said state bar investigators are biased and politically motivated against him.

[…]

In the court filing, Paxton said the state bar’s Commission for Lawyer Discipline, which filed the suit, had no authority to “police the decisions of a duly elected, statewide constitutional officer of the executive branch.” Paxton also stood by his decision to challenge the results of the 2020 election.

See here for the previous update. This is more or less the standard way to respond, and indeed Paxton is making the same arguments he’s made in the past, because there’s nothing new here. It’s just a matter of eventually getting a judge to rule on it. I don’t know what the potential for delay is here, but we know from past and recent experience, if there’s one thing Ken Paxton is good at, it’s throwing up every possible obstacle in the path of holding him accountable. I don’t expect this to be any different, but maybe I’ll be surprised.

Paxton escapes open records lawsuit

Sheesh.

Best mugshot ever

The Travis County district attorney’s office will not proceed with a lawsuit against Texas Attorney General Ken Paxton for refusing to release his communications around the time of the Jan. 6 attack on the U.S. Capitol.

Despite determining that the attorney general likely violated the state’s open records law, the district attorney’s office said it would not sue because journalists who had requested Paxton’s records declined to testify in court in order to protect their sources.

The district attorney’s office launched its investigation of Paxton’s office after editors at Texas’ largest newspapers filed a complaint earlier this year alleging that the attorney general was breaking the state’s open records law.

In a hand-delivered letter to Paxton on Jan. 14, Jackie Wood, the district attorney’s director of public integrity and complex crimes, stated her office concurred with the allegations in the editors’ complaint and gave Paxton four days to cure the violations or face a lawsuit.

“We were encouraged that the district attorney agreed that Paxton’s office violated the law,” said Maria Reeve, executive editor of the Houston Chronicle. “We hoped that those facts would be sufficient for a lawsuit to proceed — and that our reporters would not need to testify.”

Paxton’s general counsel, Austin Kinghorn, said the allegations were “meritless.”

Wood later asked the journalists if they’d be willing to testify in court about the roadblocks they encountered trying to obtain records from the attorney general’s office. The newspapers declined to do so over concerns that reporters could be forced to testify about their unnamed sources or newsgathering methods. If they refused to answer, they’d risk being found in contempt of court.

“Therefore, it is the decision of this office not to proceed to seek declaratory and injunctive relief in order to bring Attorney General Ken Paxton and the Office of the Attorney General into compliance with the public information requirements of the Texas Government Code,” Public Integrity Unit Team Leader Rob Drummond wrote in a July 1 letter to Reeve.

See here, here, and here for the background. On the one hand, I understand that the papers didn’t want to put any of their employees in legal jeopardy. On the other hand, I feel like they had some duty to pursue this to a conclusion, since they filed the complaint in the first place. Was there no way for a private citizen, someone who wouldn’t have sources to risk, to testify in their place? I don’t understand the legal subtleties of this. I’m just frustrated by the outcome.

Lock Louie up

He believes he committed at least one federal crime. Who are we to disbelieve him?

U.S. Rep. Louie Gohmert was one of a handful of Republicans in Congress who asked former President Donald Trump for a pardon after the Jan. 6 attack on the Capitol, according to testimony shown by the House committee investigating the insurrection.

Witnesses told the committee that the president had considered offering pardons to several individuals, said U.S. Rep. Adam Kinzinger, a Republican on the committee.

Cassidy Hutchison, who served as an aide to former White House Chief of Staff Mark Meadows said in recorded testimony shown Thursday that the Tyler Republican was one of the members who had sought a pardon. Others included U.S. Reps. Matt Gaetz of Florida, Mo Brooks of Alabama, Andy Biggs of Arizona and Scott Perry of Pennsylvania.

“The only reason I know to ask for a pardon is because you think you’ve committed a crime,” Kinzinger said.

Gohmert did not immediately respond to a request for comment.

What could he possibly say? His actions speak for themselves. Over to you, Justice Department.

When we had more deaths than births in Texas

Seems like that would be a bad thing.

In the midst of the nation’s deadliest pandemic, Texas recorded more births than deaths every month since 2016 — with one exception.

Provisional data from the Texas Department of State Health Services shows that January 2021 was the only month when, statewide, the number of deaths was greater than the number of births.

Nine months before in April 2020, the world was one month into the COVID-19 pandemic. In January 2021, the seven-day average number of deaths from COVID-19 peaked in Texas, according to The New York Times, and vaccines had just become available to select groups of individuals.

Twenty counties — including Bexar County — recorded more births than deaths every month until the pandemic, when they began having months with more deaths than births.

The number of births for a county is determined by the mother’s residence.

Thirty one counties — including more populous ones like Harris, Dallas and Travis — always recorded more births than deaths, even during the pandemic.

Five counties — Bowie, Kerr, Potter, Smith, and Wichita — reported more deaths than births for all 22 months of pandemic data available.

There are charts and maps in the story, and they calculate the birth and death rates on a per 100K people basis to make everything more easily comparable. One thing the story doesn’t go into, which is a thing that has been widely reported on elsewhere, is differences in voting patterns across the counties. I’m not going to dive into all of the data here, but I will note this much about those five counties that had a net loss (not counting migrations) for each month:

Bowie – Trump 70.9%
Kerr – Trump 75.3%
Potter – Trump 68.5%
Smith – Trump 69.0%
Wichita – Trump 69.7%

You get the picture.

The national trend is for less voting by mail

Of interest.

The great vote-by-mail wave appears to be receding just as quickly as it arrived.

After tens of millions of people in the United States opted for mail ballots during the pandemic election of 2020, voters in early primary states are returning in droves to in-person voting this year.

In Georgia, one of the mostly hotly contested states, about 85,000 voters had requested mail ballots for the May 24 primary, as of Thursday. That is a dramatic decrease from the nearly 1 million who cast mail ballots in the state’s 2020 primary at the height of the coronavirus pandemic.

The trend was similar in Ohio, Indiana and West Virginia, which held primaries this month; comparisons were not available for Nebraska, another early primary state.

A step back in mail balloting was expected given easing concerns about COVID-19, but some election officials and voting experts had predicted that far more voters would seek out the convenience of mail voting once they experienced it.

Helping drive the reversal is the rollback of temporary rules expanding mail ballots in 2020, combined with distrust of the process among Republicans and concerns about new voting restrictions among Democrats. And a year and a half of former President Donald Trump and his allies pushing false claims about mail voting to explain his loss to Democrat Joe Biden has also taken a toll on voter confidence.

“It’s unfortunate because our election system has been mischaracterized and the integrity of our elections questioned,” said Ben Hovland, a Democrat appointed by Trump to the U.S. Election Assistance Commission. “Mail ballots are a safe and secure method of voting used by millions of Americans, including myself.”

A record 43% of voters in the U.S. cast mail ballots in 2020, compared with 24.5% in 2016, according to the commission’s survey of local election officials. The number of voters who used in-person early voting also increased, although the jump was not quite as large as in mail ballots, the survey found.

Before the November 2020 election, 12 states expanded access to mail ballots by loosening certain requirements. Five more either mailed ballots to all eligible voters or allowed local officials to do so, according to the National Conference of State Legislatures. This year, eight states will mail ballots to every eligible voter.

[…]

Requesting a mail ballot is significantly harder now in Georgia than in 2020, when voters could go online to request a ballot be sent to them without a printed request. Part of the 2021 voting law pushed by Republicans required voters to print or obtain a paper form, then sign it in ink before sending it in by mail, email or fax.

Voters also must include their driver’s license number or some other form of identification after Republicans decided that the process of matching voter signatures was no longer enough security for an absentee ballot application.

“I couldn’t even figure it out,” said Ursula Gruenewald, who lives in Cobb County, north of Atlanta. “Before, I used to just click a button on a website, and they’d send me my ballot. I don’t know what they want now.”

Gruenewald said she usually votes by mail but decided last week to seek out a nearby early voting center, recalling she had waited in line for two hours to vote in person in 2016.

I’m not surprised that voting by mail is down from 2020. Lots of people just like voting in person, I think. I know I do, though I’m a weirdo who actually knows a lot of the candidates and their campaign staffs. I’m also not surprised that it’s down this much given how much harder it is now to vote by mail and how much abuse and disinformation has been heaped on the practice. I think longer term it will tick back up, if only because a significant portion of the population is heading into senior citizen territory and those are the biggest mail ballot users, but who knows how long the Trump/GOP damage will last.

I would be remiss if I didn’t once again harp on the mail ballot rejection issue here in Texas, which wasn’t noted in that story. I have no doubt that there are now people who would have voted by mail, who may have tried to vote by mail in March, who will instead vote in person because of the significant risk of their mail ballot not being counted. I’m still waiting to see if voting by mail in May was any less messy than it was in March. Keep your fingers crossed.

State Bar finally files that professional misconduct lawsuit against Paxton

We’ve been eagerly awaiting this.

Best mugshot ever

A disciplinary committee for the State Bar of Texas on Wednesday filed a professional misconduct lawsuit against Attorney General Ken Paxton for his attempt to overturn the results of the 2020 presidential elections in four battleground states won by President Joe Biden.

The filing in Collin County by the Commission for Lawyer Discipline, a standing committee of the state bar, is an extraordinary move by the body that regulates law licenses in the state against the sitting attorney general. It stems from complaints against Paxton for a lawsuit that the U.S. Supreme Court threw out, saying Texas lacked standing to sue and that Paxton’s political opponents called “frivolous.”

It seeks a sanction against Paxton, which will be determined by a judge, that could range from a private reprimand to disbarment.

In its filing, the commission said Paxton had misrepresented that he had uncovered substantial evidence that “raises serious doubts as to the integrity of the election process in the defendant states.”

“As a result of Respondent’s actions, Defendant States were required to expend time, money, and resources to respond to the misrepresentations and false statements contained in these pleadings and injunction requests even though they had previously certified their presidential electors based on the election results prior to the filing of Respondent’s pleadings,” the lawsuit read.

The lawsuit also says Paxton made “dishonest” representations that an “outcome determinative” number of votes were tied to unregistered voters, votes were switched by a glitch with voting machines, state actors had unconstitutionally revised their election statutes and “illegal votes” had been cast to affect the outcome of the election.

The lawsuit says Paxton’s allegations “were not supported by any charge, indictment, judicial finding, and/or credible or admissible evidence, and failed to disclose to the Court that some of his representations and allegations had already been adjudicated and/or dismissed in a court of law.”

The complaint asks for a finding of professional misconduct against Paxton, as well as attorney’s fees and “an appropriate sanction.”

[…]

The lawsuit against Paxton stems from multiple complaints filed by Kevin Moran, president of the Galveston Island Democrats; David Wellington Chew, former chief justice of the Eighth District Court of Appeals; attorney Neil Kay Cohen; attorney Brynne VanHettinga; and Gershon “Gary” Ratner, the co-founder of Lawyers Defending American Democracy.

See here, here, and here for some background; this post contains some technical details from the original complaint. As far as I can tell, this encompasses all of the 2020 election-related complaints against Paxton; there’s a separate complaint having to do with his threats against the Court of Criminal Appeals for not letting him prosecute “voter fraud” cases at his discretion, whose disposition is not known to me at this time. There’s also the complaint against Brent Webster, which will be litigated in Williamson County, and more recently a complaint against Ted Cruz that will presumably take some time to work its way through the system. That first 2020 election complaint against Paxton was filed last June, so it took nearly a year to get to this point. I have no idea if that’s a “normal” time span for this – I suspect nothing about this is “normal” anyway.

One more thing: I presume this was filed in Collin County because that’s where Paxton passed the bar, or some other technical reason like that. The Chron adds a bit of detail about that.

Under the state bar’s rules, disciplinary suits are filed in the county in which the attorney primarily practices. If there’s more than one, the bar files in the county where the attorney lives — Paxton indicated Collin County. Similarly, the suit against Webster was filed in his hometown of Williamson County. That determination is up to the subject of the suit, according to the rules.

Also per the bar’s rules, these suits are heard by an appointed judge from another district.

In Paxton’s case, it will be Judge Casey Blair of Kaufman County, a Republican elected in 2014. Webster’s case will be heard by Judge John Youngblood of Milam County, also a Republican who was first appointed by Gov. Rick Perry in 2011 and first elected in 2012.

Good to know. I can’t wait to see what happens next.

We really missed counting a lot of people in Texas

Over half a million, by the latest estimate.

Tripped up by politics and the pandemic — and with only a last-minute investment in promotion by the state — the 2020 census likely undercounted the Texas population by roughly 2%, the U.S. Census Bureau said Thursday.

The once-a-decade national count put Texas’ official population at 29,145,505 after it gained the most residents of any state in the last decade, earning two additional congressional seats. In a post-count analysis using survey results from households, the bureau estimated that the count for people living in Texas households — a slightly smaller population than the total population — failed to find more than half a million residents. That’s the equivalent of missing the entire populations of Lubbock, Laredo and then some.

The undercount means that many residents were missing from the data used by state lawmakers last year to redraw congressional and legislative districts to distribute political power. For the next decade, the undercount will also be baked into the data used by governments and industry to plan and provide for communities.

Texas is just one of six states that the bureau determined had a statistically significant undercount. The others were Arkansas, Florida, Illinois, Mississippi and Tennessee.

[…]

Even as other states poured millions of dollars into census campaigns, Texas left local governments, nonprofits and even churches to try to reach the millions of Texans who fall into the categories of people that have been historically missed by the count — immigrants, people living in poverty and non-English speakers, to name a few.

Already without state funds, the local canvassing and outreach efforts relying on in-person contact were shut down by the coronavirus pandemic just as they were ramping up in the spring of 2020. The bureau extended time for counting by a few months, but the Trump administration later accelerated the deadline.

As Texas fell behind in the counting compared to other states, organizers struggled to reach groups at the highest risk of being missed as the pandemic continued to ravage their communities. It wasn’t until the 11th hour that Texas quietly launched a sudden pursuit of a multimillion-dollar advertising campaign to promote the count using federal COVID relief dollars.

By then, with just a month of counting to go, the self-response rate for Texas households had barely topped 60%. As census workers followed up in person with households that hadn’t responded, the share of households accounted rose, but Texas remained far behind several other states and several percentage points behind the national average.

[…]

Because it’s based on comparing the 2020 census to a followup population survey, the Texas undercount is more of a statistical guess and carries a margin of error. In the case of Texas, the bureau estimates the undercount could have been as large as 3.27% or as small as .57%. By limiting its analysis to people living in households, it leaves off people living in college dorms, prisons and other group quarters.

The bureau did not report any statistically significant undercounts after the 2010 census.

The bureau will not be providing more detailed undercount figures to determine which areas of the state or residents were missed in the census. But earlier this year, it reported the communities were not equally left off. Nationally, the census significantly undercounted communities of color, missing Hispanic residents at a rate of 4.99% — more than triple the rate from the 2010 census. Black residents were undercounted at a rate of 3.3% and Native Americans at a rate of 5.64%.

The 2020 Census also had a larger undercount of children under the age of 5 than every other census since 1970.

A previous estimate had the undercount at around 377K. That could still be accurate – note that this is a range, not a single number – but it is likely that it was higher. We certainly could have added one more Congressional district if the Republicans had given a damn, but since the undercount was mostly people of color, what did they care? Cities can still file a challenge to their official tally, but so far none have. It is what it is at this point. The Chron has more.

State Bar complaint filed against Ted Cruz

Good.

Not Ted Cruz

A group of lawyers want the State Bar of Texas to investigate Republican U.S. Sen. Ted Cruz for his “leading” role in attempting to overturn the 2020 presidential election results.

Lawyers with the 65 Project, an organization aiming to hold attorneys accountable for trying to keep former President Donald Trump in power despite his reelection loss, filed an ethics complaint with the association Wednesday. It cites Cruz’s role in a lawsuit seeking to void absentee ballots, numerous claims he made about voter fraud, plus an attempt to stop four states from using 2020 election results to appoint electors — all of which failed.

“Mr. Cruz knew that the allegations he was echoing had already been reviewed and rejected by courts. And he knew that claims of voter fraud or the election being stolen were false,” the complaint says.

[…]

Cruz represented Pennsylvania Republicans in their efforts to cast out nearly all 2020 absentee ballots in their state, which the Pennsylvania Supreme Court rejected. Cruz accused the state court of being “a partisan, Democratic court that has issued multiple decisions that were just on their face contrary to law.”

The complaint wants to see Cruz disciplined. It does not say how, though it mentions a New York appellate court’s suspension of Rudy Giuliani’s law license. Guiliani was one of Trump’s lawyers who also repeated false voter fraud claims.

Cruz also agreed to represent Trump in a Texas lawsuit aiming to bar Pennsylvania, Georgia, Michigan and Wisconsin from using its election results. The complaint argues Cruz pushed forward with a frivolous claim, which the U.S. Supreme Court quickly denied.

Here’s the 65 Project webpage; the “65” refers to the “65 lawsuits based on lies to overturn the election and give Trump a second term” that were filed by “an army of Big Lie lawyers. You can see the complaint filed against Cruz here, and the tracker they have of other complaints here. There were several filed on March 7 of this year; the one filed against Cruz was the first since then. None have been resolved yet so it’s too soon to say how effective this group will be. The one thing I can say is that this group was not involved in any of the State Bar complaints against Ken Paxton. Here’s a Vanity Fair story dated March 8 with some background on the group and its members.

Will this work? The State Bar complaints against Paxton over his dangerous and frivolous lawsuit against four Biden-won states is proceeding, though the formal lawsuit that represents the next step has not yet been filed as far as I can tell. I’d say there’s a reasonable argument that Paxton was more directly involved in the seditious and unethical behavior than Cruz was, which may make the State Bar less receptive to the filers’ case, but he wasn’t just a bystander either. Given how long it’s taken the Paxton case to get to a resolution point I’d say don’t hold your breath waiting on something to happen with this one. If it does move forward, great. Hope for the best. But do please put your energy into beating Ted Cruz in his next election, and if he steps away from the Senate to run for President do what you can to elect a Democrat to replace him. That will ultimately have a much bigger effect.

One more thing: This NYT story is headlined “Group Seeks Disbarment of Ted Cruz Over Efforts to Overturn 2020 Election”. While the complaint lays out multiple alleged violations of the Texas Disciplinary Rules of Professional Conduct (TDPRC), it does not suggest a remedy. Instead, it merely asks that the State Bar investigate and “apply the standards set for lawyers within the TDRPC, and impose sanctions against Mr. Cruz for violating those requirements”. Certainly, based on the complaints against Paxton for similar behavior, having Cruz’s law license suspended would be on the table if the State Bar were to rule against him, but I presume there would be other options as well. We’ll see if and when it ever gets that far. TPM has more.

UPDATE: Texas Lawyer provides a bit more detail.

In Cruz’s case, the 65 Project alleges he agreed to act as a lawyer in litigation before the U.S. Supreme Court in two bogus cases, Kelly v. Pennsylvania and Texas v. Pennsylvania. Acting in tandem with Trump’s legal team, Cruz had a significant role in an “anti-democratic plot, intentionally amplifying false claims about the 2020 election on multiple occasions,” the complaint states.

The Texas v. Pennsylvania lawsuit, filed by Paxton and Assistant Attorney General Brent E. Webster, has to date resulted in a State Bar lawsuit against Webster in Williamson County’s 368th District Court. Also, Paxton acknowledged on May 6 that the bar would be filing suit against him.

The Commission for Lawyer Discipline’s petition in the Webster case is instructive in that it lays a roadmap for how the bar might proceed against Paxton and Cruz.

The Texas v. Pennsylvania suit, which also challenged the vote count in Georgia, Michigan and Wisconsin, alleged without evidence several forms of vote rigging.

“Respondent’s representations were dishonest. His allegations were not supported by any charge, indictment, judicial finding, and/or credible or admissible evidence, and failed to disclose to the court that some of his representations and allegations had already been adjudicated and/or dismissed in a court of law,” the commission’s petition states.

The filing against Webster refers to the bar rule against lawyers engaging in conduct involving dishonesty, fraud, deceit or misrepresentation.

See here for more on the Webster case. We’ll see if indeed the State Bar follows this roadmap.

More State Bar disciplinary stuff

A new twist, as a new player enters the picture.

Best mugshot ever

The Texas State Bar has filed a suit in Williamson County district court against First Assistant Attorney General Brent Webster for his involvement in the state’s lawsuit seeking to overturn the results of the 2020 election, alleging Webster committed professional misconduct by making false and misleading statements in the petition.

A similar disciplinary suit is expected against Paxton, who reiterated Friday his contention that the group is targeting him because it disagrees with his politics. As of Friday afternoon, no suit had been filed.

Texas’ 2020 suit before the U.S. Supreme Court was almost immediately tossed, and Trump’s own Justice Department found no evidence of fraud that could have changed the election’s outcome. The bar is treating the case as a frivolous lawsuit as it seeks sanctions including possible disbarment for the two public officials.

“I stand by this lawsuit completely,” Paxton said on Twitter. “I am certain that the bar will not only lose, but be fully exposed for what they are: a liberal activist group masquerading as a neutral professional association.”

Then-Solicitor General Kyle Hawkins, the state’s chief litigator who resigned about a month after the election challenge was tossed, was notably absent from the filing, though Hawkins never explained why, raising questions about whether he supported the legal challenge. Solicitor generals are typically involved in all major appellate litigation.

[…]

The bar complaints against Paxton and Webster alleged that their petition to overturn the 2020 election was frivolous and unethical, and that it includes statements that they knew to be false. In Webster’s case, it is clear that the bar agrees.

“Respondent’s representations were dishonest,” the suit states. “His allegations were not supported by any charge, indictment, judicial finding, and/or credible or admissible evidence, and failed to disclose to the court that some of his representations and allegations had already been adjudicated and/or dismissed in a court of law.”

The suit also alleges that Webster “misrepresented” that Texas had “uncovered substantial evidence,” raising doubts about the integrity of the election and had standing to sue before the U.S. Supreme Court. The four battleground states that Texas sued — Georgia, Pennsylvania, Michigan, and Wisconsin — were then forced to have to spend time, money and other resources responding to these claims, it said.

The suit does not specify what type of punishment the bar recommends for Webster.

The suit against Webster was sparked by a March 2021 complaint by Brynne VanHettinga, an former member of the bar who described herself as a “citizen concerned about fascism and illegal overthrow of democracy.” VanHettinga could not be immediately reached Friday.

See here and here for some background. Looking at that Trib story that I based yesterday’s post on, I see it also includes a couple of paragraphs about the action against Brent Webster, who replaced Jeff Mateer after he was purged as a whistleblower against Paxton, and who co-authored the self-exoneration report from that saga. I was not aware of any State Bar complaints against Webster in this matter – the two against Paxton were filed after the VanHettinga complaint against Webster. A Google News search on VanHettinga’s name only yielded the Chron and Trib stories. You can see what a challenge it is to keep up with all this.

As for the Paxton piece of it, this is more of the story I blogged about yesterday. The main thing to learn, which the Trib story also noted, is that there hasn’t yet been a lawsuit filed against Paxton. It sounded like that would be filed in Travis County when it happens, but maybe this means it will happen in Williamson instead. Since it seems that the judge will be selected from the broader judicial administrative region, it’s not clear that where the trial itself is matters.

Paxton whines about the disciplinary process he selected

My head hurts.

Best mugshot ever

Texas Attorney General Ken Paxton, the state’s top lawyer, said Friday the state bar was suing him for professional misconduct related to his lawsuit challenging the 2020 presidential election.

“I have recently learned that the Texas State Bar — which has been waging a months-long witch-hunt against me — now plans to sue me and my top deputy for filing Texas v. Penn: the historic challenge to the unconstitutional 2020 presidential election joined by nearly half of all the states and over a hundred members of Congress,” Paxton said in a statement released on social media. “I stand by this lawsuit completely.”

A few hours after saying he was being sued by the bar, Paxton’s office announced an investigation into the Texas Bar Foundation for “facilitating mass influx of illegal aliens” by donating money to groups that “encourage, participate in, and fund illegal immigration at the Texas-Mexico border.” The foundation is made up of attorneys and raises money to provide legal education and services. It is separate from the State Bar of Texas, which is an administrative arm of the Texas Supreme Court.

Representatives for the Texas Bar Foundation could not immediately be reached for comment. Trey Apffel, executive director of the State Bar of Texas, said the bar and the foundation are privately funded and don’t receive taxpayer funds.

“The foundation is separately funded through charitable donations and governed by its own board of trustees,” Apffel said. “While we are unsure what donations are at issue here, we are confident that the foundation’s activities are in line with its mission of enhancing the rule of law and the system of justice in Texas.”

Paxton, an embattled Republican seeking a third term, said state bar investigators who now appear to be moving on a lawsuit against him are biased and said the decision to sue him, which comes a week before early voting in his GOP runoff for attorney general, was politically motivated. He is facing Land Commissioner George P. Bush in the May 24 election.

“Texas Bar: I’ll see you and the leftists that control you in court,” he said. “I’ll never let you bully me, my staff or the Texans I represent into backing down or going soft on defending the Rule of Law — something for which you have little knowledge.”

In fact, the investigation into Paxton has been pending for months. Last July, a group of 16 lawyers that included four former state bar presidents filed an ethics complaint against Paxton arguing that he demonstrated a pattern of professional misconduct, including his decision to file a federal lawsuit seeking to overturn the 2020 presidential elections in battleground states where former President Donald Trump, a Paxton ally, had lost. The attorneys said the lawsuit was “frivolous” and had been filed without evidence. The U.S. Supreme Court dismissed it, saying Texas had no standing to sue.

In March, the investigation moved ahead and Paxton was given 20 days to decide whether he wanted a trial by jury or an administrative hearing to resolve the complaint.

On Friday, a spokesperson for the state bar said the group had not been notified of a decision. Jim Harrington, a civil rights attorney and one of the lawyers who filed the ethics complaint, said he also had not been notified of a trial but that Paxton would have received notification.

“I was as surprised as you were to see that tweet this morning,” Harrington said.

See here for some background. You may note that happened in early March, almost two months ago, which is considerably more than 20 days. I don’t know if time moves more slowly in this context or if there just wasn’t any mechanism to enforce the decision Paxton had to make. Whatever the case, he made it and now he’s fundraising off of it. At least that much is par for the course, at least for him. While this case will be heard in Travis County, the judge who oversees it will be selected from the Texas Judicial Branch’s administrative region, which is a fairly large area. I don’t know how any of that works, either – this whole thing is kind of a black box. But it’s moving along, which is more than we can say for some other messes involving Ken Paxton.

UPDATE: Via email, a statement from the Texas Bar Foundation:

“The Foundation is extremely disappointed to learn that AG Paxton has decided to use taxpayer dollars on a fruitless exercise. Had AG Paxton taken the time to come and speak with us rather than issue a press release, I am confident that he would have found no wrongdoing on the part of the Foundation. Nevertheless, the Foundation is happy to cooperate and provide the AG’s office with documents and information relevant to the investigation.

Thousands of Texans have had their lives changed because of grants received from the Texas Bar Foundation. General Paxton is misinformed. The Foundation does not receive funding from taxpayer dollars. To the contrary, our grants are made possible by the generosity of Texas lawyers. We receive voluntary contributions from the Fellows of the Foundation, and those contributions enable the Foundation to award millions of dollars in grants. We will proudly continue to award grants to much-needed charities throughout Texas going forward.”

There’s a story in today’s Chron that has more information than this Trib story. I’ll do a separate post on that.

Looks like Texas didn’t even have to sue to keep Title 42 from ending

A different Trump judge already put it in the bag for them.

A federal judge in Louisiana plans to temporarily block the Biden administration from ending Title 42, a pandemic-era health order used by federal immigration officials to expel migrants, including asylum-seekers, at the U.S.-Mexico border.

The temporary restraining order is expected in a lawsuit brought by Louisiana, Arizona and Missouri after the Centers for Disease Control and Prevention announced it would let the order expire May 23. The details of such a restraining order were not available late Monday.

“The parties will confer regarding the specific terms to be contained in the Temporary Restraining Order and attempt to reach agreement,” according to minutes from a Monday status conference in the case.

See here for the background. Sure is convenient to have a Trump judge for all purposes, isn’t it? Daily Kos has more.

Texas sues to stop the end of Title 42

Just another day at the office of destruction for Ken Paxton.

Best mugshot ever

Texas Attorney General Ken Paxton filed a lawsuit against the Biden administration on Friday to halt the Centers for Disease Control and Prevention from lifting Title 42, a pandemic-era health order used by federal immigration officials to expel migrants, including asylum-seekers, at the U.S.-Mexico border.

Title 42, which was enacted in March 2020 by the Trump administration, has been used 1.7 million times to expel migrants. Many of them have been removed multiple times after making repeated attempts to enter the U.S.

The CDC has the authority to enact orders like Title 42 under the 1944 Public Health Service Act, which gives federal officials the authority to stop the entry of people and products into the U.S. to limit the spread of communicable diseases. Part of the reason the agency is planning to lift the order soon is that COVID-19 cases have been decreasing and vaccinations have become widely available. The order is set to expire on May 23.

Paxton’s lawsuit argues that the Biden administration didn’t follow the administrative procedure laws needed to halt Title 42. The suit adds that if the Biden administration follows through with lifting the order, Texas will have to pay for social services for the migrants who enter the country.

“The Biden Administration’s disastrous open border policies and its confusing and haphazard COVID-19 response have combined to create a humanitarian and public safety crisis on our southern border,” the lawsuit says, which was filed in the Southern District of Texas in Victoria.

U.S. Health and Human Services Secretary Xavier Becerra, who is named as a defendant in the lawsuit, said on Thursday during a virtual event with the Council on Foreign Relations that health orders are not immigration policies.

“You don’t use a health law to deal with a migration challenge. You use migration laws to deal with migration challenges. You can’t use the cover of health to try to deal with a migration challenge,” he said.

[…]

The state has filed at least 20 other lawsuits in Texas-based federal courts, most of them led by Paxton, against the Biden administration over everything from federal mask mandates to halting the long-disputed Keystone XL pipeline. Judges appointed by former President Donald Trump have heard 16 of the cases and ruled in favor of Texas in seven. The other nine are pending, as of last month.

A majority of these lawsuits have been filed in courts in which the judge was appointed by Trump.

I mean, we could just wait until the combination of Democratic cold feet and empty both-siderism appeals forces Biden to back off anyway, but Paxton has never been one to wait for things to happen when he can find a friendly Trump judge to make them happen for him. Looks like I picked a bad day to quit sniffing glue. The Chron has more.

Texas Lyceum: Abbott 42, Beto 40

Not bad.

On Friday Texas Lyceum released its annual statewide poll, a major survey on the top issues facing Texans and their opinion on Texas leaders.

The biggest attention-grabbing news from the poll is just how close things are at the top of the ticket in the 2022 gubernatorial race.

Gov. Greg Abbott leads Democratic gubernatorial candidate Beto O’Rourke by only two percentage points, 42 to 40, according to the poll.

(The poll of registered voters also shows 14 percent haven’t thought about it or are voting for someone else.)

It’s the tightest polling released on the race yet. On average, polling on the race since January shows Abbott leading O’Rourke by 8 percentage points according to RealClearPolitics.

Toplines are here, the Lyceum polling page is here, and crosstabs are here. They have President Biden’s approval at 43-54, which is actually pretty good in comparison to other recent results – this could be any number of things including random chance and a Dem-leaning sample, or it could be reflective of things like the response to Russia/Ukraine and the receding (for now at least) of COVID – which is better than Trump’s outgoing approval in 2021 of 41-56. They also have Greg Abbott’s approval at 47-47, way down from the 59-38 they had him at in 2021. Like I said, this could be any number of things – all the other poll data we have is from February or so, which is a long way back at this point – but for sure the closeness of the race, and the low 42% number Abbott gets in the head to head matchup with Beto is likely correlated with these other figures. As always, the best thing to do is wait and see if other polls are similar or if this one stands out.

Guess who’s paying for Ken Paxton’s defense against those state bar complaints?

You are, of course. What did you expect?

Best mugshot ever

Texas taxpayers are on the hook for $45,000 so far in legal defense for Attorney General Ken Paxton as he attempts to ward off multiple complaints to the State Bar over his failed lawsuit seeking to overturn the 2020 presidential election at the U.S. Supreme Court.

Paxton faces at least three professional misconduct complaints that have been filed against him since the December suit, which the high court swiftly dismissed for lack of jurisdiction. The election case involved disputed presidential election ballots in Pennsylvania, Georgia, Michigan and Wisconsin.

Two complaints — one filed in June by a Democratic Party activist, consolidated with a few others, and another in July filed by the nonprofit Lawyers Defending American Democracy and 16 Texas lawyers, including four former presidents of the state Bar — alleged the Supreme Court suit was frivolous and that it included pleadings that Paxton knew to be false.

The Lawyers Defending American Democracy complaint is moving forward and will be heard by either a district court judge or an administrative panel, the complainants say.

“This is about his individual license, which is irrelevant to his position in office, so why shouldn’t he pay for it?” said Jim Harrington, one of the lawyers who filed a complaint against Paxton and a retired founder of the Texas Civil Rights Project, a nonprofit that advocates for voting rights. “He gets to do this game on Jan. 6, this unconstitutional Supreme Court action, and then turn around and have us pay twice for it? It’s outrageous.”

[…]

Attorneys with the Austin-based Gober Group and College Station-based West, Webb, Allbritton & Gentry billed more than 94 hours at various rates for work related to the bar complaints. Chris Gober, a GOP election lawyer known for his work defending the state’s political maps, had the highest rate at $525 an hour.

Some of the work described in the invoices included reviewing documents related to the complaints, discussing strategy and considering options, preparing for meetings with the Texas State Bar and reviewing and revising correspondence with the agency.

However, a response to the June batch of bar complaints against Paxton, which the office posted on its website, was signed by Deputy First Assistant Attorney General Grant Dorfman; none of the outside attorneys’ names appear on the filing. It’s unclear why both in-house and outside counsel appear to have been engaged in Paxton’s defense.

Because there’s free money to give to Paxton’s pals. This has been another edition of “Simple Answers to Simple Questions”.

See here for the most recent update. There is of course a hypocrisy angle in all of this, because of course there is.

Steve Fischer, elected State Bar director for the Western District of Texas and one of the attorneys who filed the 2015 complaint, said taxpayers shouldn’t have to bear the cost of Paxton’s defense.

“People elect an attorney general to do child support, whatever — not for that,” Fischer said. “To turn his office into his defense team, it just doesn’t sit right with me.”

According to a response to some of the latest complaints by the attorney general’s office in July, the State Bar Disciplinary Counsel received 81 grievances against Paxton and three against First Assistant Brent Webster related to the 2020 Supreme Court suit. All were dismissed upon initial review. Some were reinstated after appeals.

[…]

While the attorney general’s office’s role in fighting bar complaints may be a legal gray area, the agency is statutorily required to defend state officials and state agencies in court. Yet Paxton’s office has declined to represent those state agencies on several recent occasions, typically when it conflicts with his political inclinations.

In 2018, for example, his office refused to defend the Texas Ethics Commission as one of his largest political donors sues to dismantle the agency. Then again, in January 2020, the office abandoned the State Commission on Judicial Conduct when it was sued by a Waco judge whom the agency disciplined for refusing to perform same-sex marriages.

Paxton’s main complaint about the State Bar allowing this matter to proceed is that both the filing and the State Bar itself are motivated by partisan politics. Not him, though, of course. Never him.

You may think well, maybe we don’t want the government to pay for this government official’s defense because he’s so odious, but what happens when we elect a Democratic AG? Should Rochelle Garza or Joe Jaworski have to pay for their own defense against the avalanche of frivolous partisan complaints that will surely be filed against them? That would be bad, except that as the story notes the vast majority of the ones against Paxton got dismissed for lack of merit. I doubt it would be any different with a different AG. At least, it better not be. As long as it isn’t, and as long as the next AG has better ethical standards than Ken Paxton – an exceptionally low hurdle to clear – it shouldn’t be an issue.

Of course Ted Cruz supported sedition

None of this is surprising. And I’m certain there will be more, that this is just the tip of the iceberg.

Not Ted Cruz

Sen. Ted Cruz was dining near the Capitol on the evening of Dec. 8, 2020, when he received an urgent call from President Donald Trump. A lawsuit had just been filed at the Supreme Court designed to overturn the election Trump had lost, and the president wanted help from the Texas Republican.

“Would you be willing to argue the case?” Trump asked Cruz, as the senator later recalled it.

“Sure, I’d be happy to” if the court granted a hearing, Cruz said he responded.

The call was just one step in a collaboration that for two months turned the once-bitter political enemies into close allies in the effort to keep Trump in the White House based on the president’s false claims about a stolen election. By Cruz’s own account, he was “leading the charge” to prevent the certification of Joe Biden as president.

An examination by The Washington Post of Cruz’s actions between Election Day and Jan. 6, 2021, shows just how deeply he was involved, working directly with Trump to concoct a plan that came closer than widely realized to keeping him in power. As Cruz went to extraordinary lengths to court Trump’s base and lay the groundwork for his own potential 2024 presidential bid, he also alienated close allies and longtime friends who accused him of abandoning his principles.

Now, Cruz’s efforts are of interest to the House committee investigating the Jan. 6 attack on the U.S. Capitol, in particular whether Cruz was in contact with Trump lawyer John Eastman, a conservative attorney who has been his friend for decades and who wrote key legal memos aimed at denying Biden’s victory.

As Eastman outlined a scenario in which Vice President Mike Pence could deny certifying Biden’s election, Cruz crafted a complementary plan in the Senate. He proposed objecting to the results in six swing states and delaying accepting the Electoral College results on Jan. 6 in favor of a 10-day “audit” — thus potentially enabling GOP state legislatures to overturn the result. Ten other senators backed his proposal, which Cruz continued to advocate on the day rioters attacked the Capitol.

The committee’s interest in Cruz is notable as investigators zero in on how closely Trump’s allies coordinated with members of Congress in the attempt to block or delay certifying Biden’s victory. If Cruz’s plan worked, it could have created enough chaos for Trump to remain in power.

“It was a very dangerous proposal, and, you know, could very easily have put us into territory where we got to the inauguration and there was not a president,” Rep. Liz Cheney (R-Wyo.), a Jan. 6 committee member, said earlier this year on the podcast “Honestly. And I think that Senator Cruz knew exactly what he was doing. I think that Senator Cruz is somebody who knows what the Constitution calls for, knows what his duties and obligations are, and was willing, frankly, to set that aside.”

It’s a long story, from the WaPo and reprinted in the Trib, and it just gets worse from there. I believe that Cruz knew exactly what he was doing and that he had no legal leg to stand on, and also that he didn’t care. Maybe he’d get lucky with the judges, who can say. It was all about winning and power anyway. Of course, it’s a fine line between that kind of blase nihilism and Ginni Thomas’ full-on Qanon ravings. For that, they both richly deserve an in depth investigation from the January 6 committee, and a criminal contempt citation if they refuse.

One more thing:

In the weeks that followed, as Trump allies lost a string of election cases, Cruz began suggesting he could lead a more effective legal strategy. He talked about his success in helping Bush’s legal team and how he had argued a total of nine cases before the Supreme Court, mostly as the Texas solicitor general. Two days later, he announced he had agreed to represent Pennsylvania Republicans in their effort to block certification of that state’s presidential results. The Supreme Court rejected that request, though, a near-fatal blow to efforts to overturn the election in the courts.

But the next day, Trump and Cruz focused on another avenue to put the matter before the Supreme Court: a case filed by Texas Attorney General Ken Paxton, who argued his state had standing to ask the court to throw out election results in Georgia, Pennsylvania, Michigan and Wisconsin.

When Trump called on Dec. 8 as Cruz dined out, the president asked whether he was surprised about the loss of the Pennsylvania case, Cruz later recalled on his podcast, “Verdict with Ted Cruz.” Cruz said he was unhappy but “not shocked” that the federal court did not take a case about state law: “That was a challenging hurdle.”

When Cruz agreed to Trump’s request to argue the Texas case, it shocked some who knew him best. One adviser said he called Cruz to express dismay, telling the senator it went against the principles on which he built his political brand.

“If you’re a conservative federalist, the idea that one state can tell another state how to run their elections is outrageous, but he somehow contorted in his mind that it would be okay for him to argue that case,” said the adviser, who spoke on the condition of anonymity to describe a private conversation.

Rep. Chip Roy (R-Tex.), who had served as Cruz’s chief of staff and was a former first assistant attorney general in Paxton’s office, tweeted that the case “represents a dangerous violation of federalism” that “will almost certainly fail.” He did not respond to a request for comment.

Cruz’s spokeswoman said that he agreed to Trump’s request because “he believed Texas deserved to have effective advocacy” but said that “he told President Trump at the time that he believed the Court was unlikely to take the Texas case.”

Just as a reminder, this ridiculous lawsuit was the basis for two State Bar of Texas complaints against Ken Paxton (and another against Sidney Powell) that in a just world will result in their disbarments. Surely a similar complaint against Cruz might be warranted. The Texas Signal has more.

First “Trump Train” lawsuit to proceed

Good news.

Today, the U.S. District Court for the Western District of Texas ruled in favor of plaintiffs in Cervini v. Cisneros, the “Texas Trump Train” lawsuit filed against individuals in a convoy of Trump supporters who conspired to mount a coordinated vehicular assault against a Biden-Harris campaign bus on October 30, 2020. The court denied the defendants’ motions to dismiss the case and allowed it to go forward on allegations that these individuals engaged in political violence that violated the federal Ku Klux Klan Act of 1871 and Texas state law.

The Texas Civil Rights Project, Protect Democracy, and Willkie Farr & Gallagher LLP filed the suit last year on behalf of four plaintiffs—bus driver Tim Holloway, politician Wendy Davis, historian Eric Cervini, and former Biden campaign staffer David Gins. Holloway, Davis, and Gins were on the Biden-Harris campaign bus, and Cervini was in an accompanying vehicle, when the bus was ambushed on I-35 between San Antonio and Austin on the last day of early voting in Texas.

For more than an hour, dozens of trucks and cars encircled the campaign bus, having coordinated to threaten, harass, and intimidate those aboard. They live-streamed their attempts to run the bus off the road, and one of their vehicles ultimately collided with a campaign vehicle. With today’s decision, the case against participants in this caravan who conspired to ambush the bus and its passengers will continue with discovery, and the plaintiffs will have a chance to prove their case at trial.

“Today the court reaffirmed that political violence has no place in our democracy,” said Tim Holloway, who was driving the Biden-Harris bus during the incident. “And though the threats and intimidation we experienced are haunting, at least there is hope that our harassers will be held accountable.”

“While we were peacefully exercising our right to campaign, we were ambushed by individuals engaged in a conspiracy to threaten us with violence,” added Eric Cervini. “With this ruling, the court recognizes that what we experienced that day was exactly the sort of political intimidation the Ku Klux Klan Act was designed to address.”

With today’s decision, plaintiffs can continue to seek a jury verdict declaring the incident a violation of the Ku Klux Klan Act. Congress passed the Reconstruction statute to protect free and fair federal elections from widespread Klan violence against Black and Republican voters by making it illegal for individuals to join together to intimidate and injure Americans participating peacefully in the political process.

“Today’s ruling reaffirms that violations of the Klan Act need not invoke racial or other class-based animus, or state action,” said John Paredes, counsel at Protect Democracy. “Anyone who conspires to intimidate or attack a political campaign in a federal election — regardless of their motivations — is guilty of a Klan Act violation.”

“Free and fair elections depend on voters — no matter their color, party, or zip code — being protected from the threat of violence. The attack on our clients on the Biden-Harris campaign bus is part of a troubling pattern of increasing political violence in the U.S. in recent years — culminating in the insurrection at Congress on January 6, 2021,” added Emma Hilbert, senior attorney at the Texas Civil Rights Project. “Today’s decision serves to reaffirm the freedom of political expression, and serves as a warning that justice awaits those who may conspire to terrorize or menace voters.”

More information about this case is available here and here.

See here and here for the background, and here for the court order. There were two lawsuits filed over this debacle, one against individual drivers of the “Trump Train”, and one against the San Marcos police department, which was quite the hot mess. The ruling here is for the first lawsuit, though it seems likely to me that it would apply for the second as well. I don’t know at this time when the trial is going to happen, but of course I’ll be keeping an eye on it. KVUE has more.

Still more on the mail ballot rejections

The Associated Press moves the ball forward now that the votes have been canvassed.

Texas threw out mail votes at an abnormally high rate during the nation’s first primary of 2022, rejecting nearly 23,000 ballots outright under tougher voting rules that are part of a broad campaign by Republicans to reshape American elections, according to an analysis by The Associated Press.

Roughly 13% of mail ballots returned in the March 1 primary were discarded and uncounted across 187 counties in Texas. While historical primary comparisons are lacking, the double-digit rejection rate would be far beyond what is typical in a general election, when experts say anything above 2% is usually cause for attention.

“My first reaction is ‘yikes,’” said Charles Stewart III, director of the Election Data and Science Lab at the Massachusetts Institute of Technology. “It says to me that there’s something seriously wrong with the way that the mail ballot policy is being administered.”

Republicans promised new layers of voting rules would make it “easier to vote and harder to cheat.” But the final numbers recorded by AP lay bare the glaring gulf between that objective and the obstacles, frustration and tens of thousands of uncounted votes resulting from tighter restrictions and rushed implementation.

In Texas, a state former President Donald Trump easily won although by a smaller margin than 2016, the trouble of navigating new rules was felt in counties big and small, red and blue. But the rejection rate was higher in counties that lean Democratic (15.1%) than Republican (9.1%).

[…]

The AP counted 22,898 rejected ballots across Texas by contacting all 254 counties and obtaining final vote reconciliation reports. Some smaller counties did not provide data or respond to requests, but the 187 counties that provided full numbers to AP accounted for 85% of the 3 million people who voted in the primary.

Last week, AP reported that 27,000 ballots had been flagged in Texas for initial rejection, meaning those voters still had time to “fix” their ballot for several days after the primary and have it count. But the final figures suggest most voters did not.

The most rejections were around Houston, a Democratic stronghold, where Harris County elections officials reported that nearly 7,000 mail ballots — about 19% — were discarded. During the last midterm elections in 2018, Texas’ largest county only rejected 135 mail ballots. Harris County elections officials said they received more than 8,000 calls since January from voters seeking help, which they attributed to “confusion and frustration” over the new requirements.

In the five counties won by Trump that had the most mail-in primary voters, a combined 2,006 mailed ballots were rejected, a rate of 10% of the total. In the counties won by Biden with the most mail-in voters, which include most of Texas’ biggest cities, a combined 14,020 votes were similarly rejected, which amounted to 15.7%.

[…]

It is unknown how many Texas voters whose mail ballots were rejected may have still had their vote count by deciding to just show up in person instead.

Sam Taylor, a spokesman for the Texas secretary of state, said the office did not yet have its own final comprehensive numbers on ballot rejections. He said a “significant portion” of their efforts this year will be awareness about the new mail-in rules.

“We are confident we will have all the information we need to apply any lessons learned during the primary to an even more robust voter education campaign heading into the November general election,” he said.

See here and here for the background. Saying that “the rejection rate was higher in counties that lean Democratic than Republican” is suggestive but not conclusive. We don’t know how many counties are included in that tally, how many of them were blue and how many red, how blue and how red they were, and most importantly how many ballots from each primary were rejected. Republican counties, especially the smaller ones, are a lot more red than Democratic counties are blue, though the Dem counties have a lot more voters in them. A lot of those Republican counties also have many more Republican primary voters than Democratic primary voters. We still need to have a total number of ballots rejected for each party to get a better idea of how this actually played out.

The Statesman adds on.

In the Austin-area counties, the overwhelming majority of the rejections were due to the law’s stricter ID requirement, which has caused confusion for voters since counties opened applications for absentee ballots earlier this year.

“It’s typical to see ballots rejected because they’re received after a statutory deadline — and we still had many ballots that were rejected for that reason — but the more prevalent cause in this case was ballots rejected for lack of the proper ID number, or ID issues,” said Chris Davis, elections administrator for Williamson County.

“It led to much higher numbers than we’ve ever seen, in terms of rejected ballots,” he said.

Mail-in ballot rejection rates in the primary election ranged from 7% to 11% in Austin-area counties, with more than 1,500 votes tossed out across Travis, Williamson, Bastrop and Caldwell counties.

Those rates far exceed previous elections. In the 2018 primary, the rejection rate for mail-in ballots in Travis County was about 2%.

[…]

In Travis, Williamson, Bastrop and Caldwell counties, rejection rates ranged from 7% to 11% in the most recent election. The elections administrator in Hays County, Jennifer Doinoff, did not return multiple requests for information.

Official tallies for Travis County showed 948 absentee ballots were rejected out of 11,602 turned in to the county. Victoria Hinojosa, spokeswoman for the Travis County election administrator, said 72% of the rejected ballots were cast in the Democratic primary and 28% in the Republican primary.

Hinojosa said a majority of the rejected ballots were denied due to ID issues. Originally, at least 16% of absentee ballots received by the county were rejected, but Hinojosa said that number was cut in half as voters corrected ID errors after being notified by the county of the mistake.

The new election law requires counties to contact voters who made mistakes on their ballot to let them rectify problems before election day.

By comparison, Hinojosa said, in the 2018 primary 9,000 ballots were returned and about 2% were ultimately rejected.

In Williamson County, 11.6% of mail ballot voters had their ballots rejected. That rate was slightly higher among Republican voters (260 ballots out of 1,883 at a 13% rate) than Democratic voters (261 ballots out of 2,627 ballots at a 10% rate.)

Travis County had about 111K Democratic ballots overall, and about 48K GOP ballots. Which is to say about 70% of all ballots were Democratic, so if 72% of the mail ballots rejected were Democratic, that’s more or less in proportion.

Still, the basic outline is clear. This was a disaster, and it’s not at all a surprise that Greg Abbott et al have refused to comment on any of it. The one piece of good news is what I’ve been saying, that now that we know the scope of the problem we can work to overcome it. It’s going to take money and effort, and we shouldn’t have to do this, but we can. We really don’t have any choice. The Chron editorial board and Vox have more.

OAN sues AT&T over being dropped from their service

Worth keeping an eye on.

Right-wing cable network One America News is suing Dallas-based AT&T and DirecTV, alleging the companies breached their contract with OAN and conspired with a company currently suing OAN’s owners.

AT&T and DirecTV became the target of liberal criticism over the last year for continuing to carry the pro-Donald Trump OAN network — which helped spread misinformation about the 2020 election being stolen — in the wake of the Jan. 6 attack on the U.S. Capitol.

The NAACP condemned AT&T for its relationship with OAN and allegations that it helped originate the idea for the network. DirecTV informed OAN it would not renew its agreement with the channel in early January. The current agreement is set to expire in April, according to OAN’s lawsuit.

The suit, filed by OAN owner Herring Networks, also attempts to link AT&T executive board chairman William Kennard as part of a sweeping conspiracy to “silence” OAN and remove it from DirecTV. AT&T spun DirecTV off into its own company last year, retaining a majority interest in the new company. Kennard previously worked as Federal Communications Commission chairman under President Bill Clinton and again for the Obama administration in 2009 as ambassador to the European Union.

“The damage caused by DirecTV’s non-renewal, if not addressed and reversed in the near future, will result in damage to Herring exceeding $1 billion,” the suit said.

[…]

The suit was filed March 7 in California superior court just days before Republican attorneys general in six states, including Texas’ Ken Paxton, called on DirecTV to reverse its decision to drop OAN.

A.J. Bauer, a conservative media scholar and professor of journalism at the University of Alabama, said the lawsuit against AT&T and DirecTV reads like a “fishing expedition” for OAN.

“This feels to me like more of a calculated way to raise some conspiracy allegations in a way that will guarantee press coverage,” Bauer said. “You don’t need all of that in order to win a contract dispute… you just need to say, ‘Here are the terms of the contract. Here’s how the contract was not fulfilled.’ ”

I haven’t followed this story closely, other than a couple of links I’ve dropped into the Sunday roundups. I’m certainly glad to see AT&T (very belatedly) do the right thing here, and I agree that this is very likely to be much more show than substance on OAN’s part. The fact that they’re trying to make a connection to Dominion Voting Systems and their enormous lawsuit against OAN for flagrantly lying about the 2020 election and causing damage to Dominion in the process is quite telling. I have to admit, my first reaction on seeing the headline for this story was “I bet Ken Paxton files an amicus brief on OAN’s behalf”. Then I read the story, and I see I’m very much on the right track. Take this as yet another reminder, as if you needed one, that Ken Paxton has got to go. The Dallas Observer has more.

Of course the Census undercounted people of color

This was the Trump administration’s goal from the beginning.

The 2020 census continued a longstanding trend of undercounting Black people, Latinos and Native Americans, while overcounting people who identified as white and not Latino, according to estimates from a report the U.S. Census Bureau released Thursday.

Latinos — with a net undercount rate of 4.99% — were left out of the 2020 census at more than three times the rate of a decade earlier.

Among Native Americans living on reservations (5.64%) and Black people (3.30%), the net undercount rates were numerically higher but not statistically different from the 2010 rates.

People who identified as white and not Latino were overcounted at a net rate of 1.64%, almost double the rate in 2010. Asian Americans were also overcounted (2.62%). The bureau said based on its estimates, it’s unclear how well the 2020 tally counted Pacific Islanders.

The long-awaited findings came from a follow-up survey the bureau conducted to measure the accuracy of the latest head count of people living in the U.S., which is used to redistribute political representation and federal funding across the country for the next 10 years.

Other estimates the bureau released on Thursday revealed that the most recent census followed another long-running trend of undercounting young children under age 5.

While the bureau’s stated goal is to “count everyone once, only once, and in the right place,” miscounts have come with every census. Some people are counted more than once at different addresses, driving overcounts, while U.S. residents missing from the census fuel undercounting.

Disruptions from the coronavirus pandemic and interference by former President Donald Trump’s administration raised alarms about the increased risk of the once-a-decade tally missing swaths of the country’s population. COVID-19 also caused multiple delays to the bureau’s Post-Enumeration Survey that’s used to determine how accurate the census results are and inform planning for the next national count in 2030.

During the news conference announcing the follow-up survey results, Census Bureau Director Robert Santos — who, before becoming the agency’s head, told Bloomberg CityLab that he believed the census was “being sabotaged” during the Trump administration to produce results that benefit Republicans — acknowledged “an unprecedented set of challenges” facing the bureau over the last couple of years.

“Many of you, including myself, voiced concerns. How could anyone not be concerned? These findings will put some of those concerns to rest and leave others for further exploration,” Santos, a Biden administration appointee, said during the news conference announcing the follow-up survey results.

The bureau said previously that it believes the census results are “fit to use” for reallocating each state’s share of congressional seats and Electoral College votes, as well as redrawing voting districts.

[…]

In response to the bureau reporting that American Indians and Alaska Natives living on reservations continued to have the highest net undercount rate among racial and ethnic groups, Fawn Sharp, president of the National Congress of American Indians, said the results “confirm our worst fears.”

“Every undercounted household and individual in our communities means lost funding and resources that are desperately needed to address the significant disparities we face,” added Sharp, who is also the vice president of the Quinault Indian Nation in Taholah, Wash., in a statement.

Marc Morial, the president and CEO of the National Urban League, which led a federal lawsuit in 2020 to try to stop Trump officials from cutting counting efforts short, said the group’s lawyers are considering returning to court to try to secure a remedy.

“We’ve talked about voter suppression. Now we see population suppression,” Morial said on a call with reporters. “And when you tie them together, it is the poisonous tree of seeking to diminish the distribution of power in this nation on a fair and equitable basis.”

Other longtime census watchers see this moment as a chance to reimagine what the next count in 2030 could look like.

We’ve talked about this before, and we’ve noted that Texas Republicans did their part to help suppress the count, even at the cost of adding more Congressional districts to the state. Obviously the 2020 Census had a couple of unprecedented obstacles, from the pandemic to the extremely racist presidential administration, but there are ways to do this better next time. A more functional Congress could update federal law to allow statistical sampling in the Census process, to address the 1999 SCOTUS ruling that prevented it from being used, though I would not count on the current SCOTUS being warm to the idea. Throwing more money at it is also an option. All I know is we did worse in 2020 than we did in 2010, and that cannot be allowed to continue. MOther Jones and TPM have more.

More data about mail ballot rejections

Keep it coming.

Thousands of Texans who attempted to vote by mail in the March primary were disenfranchised in the state’s first election conducted under a new Republican voting law. The state’s largest counties saw a significant spike in the rates of rejected mail-in ballots, most because they did not meet the new, stricter ID requirements.

Local ballot review boards met this week to finalize mail-in ballot rejections, throwing out 11,823 mail-in ballots in just 15 of the state’s 20 counties with the most registered voters. That doesn’t include Harris County, where thousands more votes had been flagged for rejection if voters couldn’t correct them in time. The final statewide count for rejected ballots is still unknown; counties are still reporting numbers to the Texas secretary of state’s office.

The rates of rejections range from 6% to nearly 22% in Bexar County, where almost 4,000 of the more than 18,000 people who returned mail-in ballots saw their votes discarded. In most cases, ballots were rejected for failing to comply with tighter voting rules enacted by Republicans last year that require voters to provide their driver’s license number or a partial Social Security number to vote by mail, according to rejection data collected by The Texas Tribune. A few counties’ rejection rates also included ballots that arrived past the voting deadline, but problems with the new ID requirements were the overwhelming cause for not accepting votes.

The impact of the ID requirements was particularly pronounced in several larger counties, including Bexar. In Dallas County, ID issues were to blame for nearly all of the lost votes reported, accounting for 682 of the 694 ballots that were rejected. Most ballots that were rejected because of the ID requirements were missing an ID number altogether. The county had an overall rejection rate of 6.5%

In Hays County, a suburban county south of Austin, all but one of the 208 rejected ballots were lost to ID issues. The county’s total rejection rate was 8.2%.

In Hidalgo County, just five of the 526 mail-in ballots that were rejected were scrapped because they arrived late. Most were rejected because of the ID requirements, officials said. The county had an overall rejection rate of 19.4%.

In Williamson County, roughly 73% of the 521 rejected ballots were lost to ID issues. The second main reason for rejection was late returns. Overall, 11.6% of ballots were rejected in the county.

[…]

Early rejection rates hovered between 30% to 40% but dropped as thousands of voters worked to safeguard their votes, often by visiting county elections offices after their ballots were flagged for rejection. Hundreds of other voters canceled their mail-in ballots and opted to vote in person instead, according to county data.

That included more than 300 voters in El Paso County who had initially requested absentee ballots but voted in person, with several voters surrendering their ballots at polling places. The county ended the election with a 16% rejection rate, throwing out 725 votes — 94% of them because of the ID rules.

“In the 2020 primary, we rejected 39 ballots,” Lisa Wise, the elections administrator in El Paso, said ahead of election day when the county had flagged more than a thousand ballots for review. “You don’t have to be a math wizard to see it.”

But the opportunity to resolve rejections — or to alternatively head to a polling place — was out of reach for some voters. County officials have said mail-in voters often include people for whom voting in person can be a challenge or who are unable to travel to the county elections office, which for voters in some counties can be a long distance away.

Voters facing a rejected ballot because of ID issues were also directed to the state’s new online tracker to try to validate their information, but technical issues with the tracker’s setup shut out nearly a million registered voters from even accessing it.

Under state law, a voter must provide both a driver’s license number and the last four digits of their Social Security number to log in to the tracker; both numbers must be on file in their voter record even though voters are required to provide only one number when they first register to vote.

Despite the secretary of state’s office’s efforts to backfill ID numbers in the state’s voter rolls, more than 700,000 voters lacked one of those ID numbers on their voter records as of Dec. 20. Another 106,911 voters didn’t have either number.

It’s likely not all of those voters are eligible to vote by mail, but the barrier risked hindering enough of Kara Sands’ voters that she pulled references to the online ballot tracker from the guidance she was providing Nueces County voters. Sands, the Republican elected county clerk, said most of the older voters in her county first registered to vote with a Social Security number and that remained the only ID on file for them.

“Why am I going to send them [materials saying] ‘Go here to fix it’ knowing they can’t fix it?” Sands said in an interview ahead of election day.

See here for yesterday’s post about the Bexar County experience. We still need to know how this broke down by party – given that fewer Republicans chose to vote by mail, it’s extremely likely that more Democratic ballots were rejected, but it may be that on a percentage basis they were equivalent – and we still need to distinguish between rejected applications and rejected ballots, as well as who did and didn’t vote in person afterwards. I don’t recall seeing a figure about how many registrations lacked one or both of SSNs and drivers license numbers before now, so it would be good to know as well how many people who did fill out the ballot correctly, with the proper voter ID information, were still rejected because the state database was incomplete. I could see that as a basis for another lawsuit, with the goal of halting all further rejections until the state can prove that its database is fully up to date, but that might be moot by November, and I don’t know what other relief a voter could ask for.

The Associated Press takes a crack at this, and offers a bit of partisan data.

Although the final number of discounted ballots will be lower, the early numbers suggest Texas’ rejection rate will far exceed the 2020 general election, when federal data showed that less than 1% of mail ballots statewide were rejected.

“It took me three tries and 28 days but I got my ballot and I voted,” said Pamiel Gaskin, 75, of Houston. Like many rejected mail voters, she did not list a matching identification number that Texas’ new law requires.

For now, the numbers do not represent how many Texas ballots were effectively thrown out. Voters had until Monday to “fix” rejected mail ballots, which in most cases meant providing identification that is now required under a sweeping law signed last fall by Republican Gov. Greg Abbott.

New requirements include listing an identification number — either a driver’s license or a Social Security number — on the ballot’s carrier envelope. That number must match the county’s records. If a ballot is rejected, voters could add an ID number via an online ballot tracking system, go to the county’s election offices and fix the problem in person, or vote with a provisional ballot on election day.

County election officers say they worked feverishly to contact those voters in time, in many cases successfully, and a full and final tally of rejected ballots in Texas is expected to come into focus in the coming days.

But already, scores of mail ballots have been disqualified for good.

[…]

The AP obtained reports from 120 counties — nearly half of the 254 in Texas — through county websites and contacting all counties that had not posted a report publicly.

In Texas’ largest county, around Houston, Harris County officials said more than 11,000 mail ballots had been flagged for rejection as of March 2. But in the county’s preliminary report that is dated a day later, the number of rejected mail ballots was listed at 3,277. On Tuesday, Harris County Elections Administrator Isabel Longoria said she was stepping down following a bungled vote count.

Houston Democrats have been among the most outspoken over Texas’ new voting laws, which they say are designed to weaken minority turnout. But Republican-leaning counties struggled with the new rules as well.

In Parker County, which former President Donald Trump carried by a 4-to-1 margin in 2020, the county reported 250 mail ballots as rejected or pending out of 1,100 mail votes — about 23%. Along the Texas coast in Nueces County, which Trump narrowly won, the rejection rate was 8%.

According to the county reports, in the five counties won by Trump that had the most mail-in voters, a combined 4,216 mailed ballots were rejected or still pending after the day of the election, a rate of 21% of the total. In the counties won by Biden with the most mail-in voters, which include most of Texas’ biggest cities, a combined 11,190 votes were similarly rejected or pending, which amounted to 13%.

Kara Sands, the election administrator in Nueces County, said her office pressed voters to include more than one identification number as a guardrail against having their ballot rejected. But she said her office wasn’t inundated with voter frustration.

“We really didn’t get a lot of folks complaining about that,” she said.

Texas holds primary runoffs in May, and elections officials say their goal now is to educate voters to avoid a repeat next time. Christopher Davis, the elections administrator in Williamson County, said the final rejection rate of 11.5% was “by far the highest we have ever seen” in the county of more than 600,000 people.

“The hope is we knock down that rejection rate,” he said.

Interesting that those five deep red counties had a higher rate of rejection than the blue counties, though there were fewer total votes there. Likely that’s a function of the blue counties being more populous, though that also suggests that a greater percentage of total votes were affected in the red counties. For comparison, the AP story notes that a total of about 8,300 mail ballots were rejected in the 2020 election, which was out of 11 million ballots cast. Every way you look at it, this was an exponential increase.

And Talking Points Memo was also on this.

The rejection rates are staggering. In booming Collin County, for example, nearly 14% of mail-in votes were ultimately rejected, the election administrator there told TPM.

In Harris County, Texas’ largest and home to Houston, a whopping 6,888 ballots were ultimately rejected “as a direct result of Senate Bill 1,” according to a statement from the county to TPM — nearly 19% of mail-in ballots. By comparison only, 135 of the 48,473 votes cast in the 2018 primary were rejected, the statement said — three tenths of a percent.

“That is apocalyptic. It calls into question whether this is even a free and fair election,” said James Slattery, senior staff attorney at the Texas Civil Rights Project’s voting rights program. “The sheer, catastrophically high rate of rejections has been very bad.”

Unlike many others, [Monica] Emery was able to fix her ballot, filling out multiple forms to “cure” the error in the days following Election Day, and consulting with attorneys and election officials to make sure her vote counted. Finally, she received word from the county on Monday, on the last possible day to fix ballot issues, that her vote had been tallied. (Texas’ new online “ballot tracker” website apparently didn’t get the memo: It continued to label her ballot “rejected.”)

But Emery, a retiree in the Dallas area, was one of the lucky ones. She’s “perfectly healthy.” She lives near her polling place. She knows her county officials and they had the bandwidth to help her. And she had additional help from multiple lawyers who she’d contacted for help. But what about her son, a pilot in the Air Force currently living in the United Kingdom? What about her elderly friend down the road, living with long COVID? Would they have been able to handle a tricky rejection letter? Would they have received word that their ballots had been rejected in time? She doubted it.

Lawmakers, Emery said, “are making it harder than it needs to be to do a real simple thing like voting by mail.”

[…]

In Travis County, home to Austin, 16% of the roughly 11,200 mail-in ballots were initially rejected, and only half of voters were able to cure those rejections in time to be counted, said Victoria Hinojosa of the Travis County clerk’s office.

Almost three of four rejected ballots were from Democrats, and most rejected ballots had “ID issues,” Hinojosa told TPM.

In Williamson County, north of Austin, 11.5% of ballots were rejected in the final tally — “absolutely higher than anything we’ve ever encountered before,” Elections Administrator Chris Davis told Austin’s NPR station KUT. In El Paso County, the final rejection rate was about 16%, or 725 mail-in ballots, the Associated Press reported.

In Collin County, which includes a chunk of the Dallas-Fort Worth metro area and is experiencing meteoric population growth, the ballot rejection rate right after the election hovered around 15%, down from a peak of 25% at the beginning of voting. After the curing period, that number ticked down slightly to a 13.7% rejection rate, or 828 ballots rejected.

“Unfortunately, the concerns that we expressed during the legislative session turned out to be true,” said Grace Chimene, president of the League of Women Voters of Texas, which is part of a coalition of groups that sued over the law in September. “It’s very frustrating.”

“I can tell you, almost the whole thing is SB1-related,” Collin County Election Administrator Bruce Sherbet told TPM of the rejections. “If we had rejections before SB1, it was usually in the single digits.”

Sherbet said that nearly all of the rejections stemmed from missing ID numbers on the original voter file, ballot application or ballot itself. In some cases, older voters who’d aged out of driving tried to vote with their new state ID number, which didn’t match the old driver’s license number on their registration.

He lacked data on the party split, but said that it’s likely more Republican voters were hurt by the law’s new provisions, since roughly 1,600 more of them voted by mail in his county.

[…]

The chaos unleashed by the new mail-in ballot requirements was “very predictable,” Josh Blank, research director of the Texas Politics Project at the University of Texas at Austin, told TPM.

“The legislators were warned multiple times throughout hearings on these bills for the better part of a year that requiring voters to supply drivers license numbers or partial Social Security numbers, whichever of two you used to register to vote, would likely to be a problem for many Texans — especially given that most of the Texans who automatically qualify for mail-in ballots are over 65 and likely registered decades ago,” he said.

Less predictable is who exactly the confusing new requirements will hurt. While much of Republicans’ antagonism towards voting by mail stems from former President Donald Trump’s efforts to toss ballots in 2020, it’s not clear that knotting up the system will hurt Democratic voters more than Republican ones.

That “scattershot” strategy, Blank said, is due to the virtual nonexistence of voter fraud. It’s legislating a problem that doesn’t exist.

“It’s one thing to make unsubstantiated allegations of widespread fraud,” he said. “It’s another to reject hundreds of thousands of ballots, which is what Texas is on the path to do in November if this primary is any indication.”

As this story notes, the “ballot curing” process, in which voters whose mail ballots lacked the correct ID number had until Monday to fix them, likely will reduce the eventual total, which started at about 27,000. But doing that isn’t easy for everyone – some voters don’t have reliable Internet access, some can’t drive to the election administrator’s office, and so on.

Finally, because it took me longer than it should have to find this on Twitter, here’s most of the Harris County data I’ve been wanting:

Again, more Dem mail ballots overall, but a higher rejection rate among Republicans – 17.6% of all Dem mail ballots, and 22.0% of all GOP mail ballots. Still more Dem votes rejected, but in a scenario where the mail votes are distributed more evenly, like in 2018, that’s going to bite the Republicans. The Chron story that these tweets are based on is here. In response to a question from me, Scherer also reported that “13 people with rejected ballots ended up voting in person”, which obviously ain’t much. Makes me think that will be the cases around the state as well.

Of course, as I said yesterday and as noted in the AP story, we can do a lot to improve things for November, and we have the May primary runoff and special election to practice. But man, that will be an expensive and labor-intensive process, and it’s so completely unnecessary. You will note that Abbott and Sen. Bryan Hughes have been studiously avoiding the press on this, because what can they actually say? Or more likely, why would anyone think they cared? At least we have the rhetorical turf to ourselves for now. Whatever else we do, we need to get folks mad and motivated over this. Because – say it with me now – nothing will change until people lose elections over this crap. That’s the one sure thing we can do. Daily Kos has more.

State Bar sues Sidney Powell for professional misconduct

Busy times at the State Bar of Texas.

The State Bar of Texas has filed a disciplinary suit against former Trump campaign attorney Sidney Powell alleging that she committed professional misconduct when she filed multiple lawsuits seeking to invalidate the results of the 2020 presidential election.

The bar, in the petition filed March 1 in state district court in Dallas, said it had received 10 complaints against Powell in the last two years.

The Dallas attorney, who did not immediately respond to requests for comment, filed suits across the country seeking to overturn President Joe Biden’s wins, making far-fetched and unfounded claims of widespread voter fraud.

[…]

In Powell’s case, the Commission for Lawyer Discipline, a committee of the state Bar, found she had “no reasonable basis” to deny that the lawsuits she filed were frivolous, violating federal court procedure and state misconduct rules.

The commission also alleges that Powell “unreasonably increased” the costs of the cases and unreasonably delayed their resolution, including when she failed to drop a Michigan lawsuit even after it was clearly too late for the court to grant the relief she was seeking. (Powell was already sanctioned by a Michigan judge in December 2021 for the misconduct and ordered to pay more than $175,000 in legal fees.)

The suit also claims Powell filed an altered document, a certification of Dominion voting equipment from the Georgia Secretary of State, to falsely purport it was undated. The true document from the state’s website reveals that Powell cropped out a date at the bottom of the file, court records show.

This story hit on the same day as the story about one of the State Bar complaints against Ken Paxton proceeding. Like I said, busy times over there. I do not know why the State Bar is filing a lawsuit rather than adjudicating a complaint against Powell, but since one of the options for resolving the complaint against Paxton is to have a hearing in a district court, perhaps that’s what that looks like. Whatever the case, I hope they nail her, because Lord knows we need some consequences for these malefactors.

Powell and several other legal quacks and frauds have been sued by a couple of the voting machine vendors that they routinely attacked after the election. One lawsuit, by Dominion, survived a motion to dismiss and will proceed, with Dominion not seeking to settle but to aim for the big win. Another suit, filed by Smartmatic, will proceed against Fox News and Rudy Giuliani but not against Powell, as the judge ruled he did not have jurisdiction in that matter. Compared to that, the State Bar maybe revoking her license seems like small potatoes, but it doesn’t change the fact that she doesn’t deserve to be allowed to practice law. Let’s hope this is the first step towards that happening.