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voter registration

It always comes down to fluoride

I swear, it’s at the root of most election conspiracy fantasies.

Laura Pressley and three other people huddled inside a Fredericksburg courtroom Monday, bowing their heads, closing their eyes, holding hands, and beginning to pray in hushed voices.

“In Jesus’ name, Amen,” the group whispered, just moments before the trial was set to begin in their lawsuit contesting the results of a three-year-old city election.

Their prayers appear to have gone unanswered. On Monday, almost immediately after arguments concluded, 216th District Court Judge Stephen Ables denied the relief they sought. He would not, he said, overturn the election.

“I had to make a finding that these ‘irregularities’ changed the results of the election,” he said. “I don’t think I have the basis to do that.”

The lawsuit was filed against Fredericksburg’s former mayor in early 2020 by poll watcher and anti-fluoride activist Jeannette Hormuth and local election judge Jerry Farley of Fredericksburg. The suit claimed election malfeasance in connection with the defeat of a 2019 proposal to remove fluoride from the city’s water system. Pressley’s Austin-based attorney, Roger Borgelt, represented Hormuth and Farley in court Monday.

It is the latest in a string of court losses for Pressley, a long-time Central Texas anti-fluoride activist, conspiracy theorist, perennial candidate for office, and self-styled trainer for poll watchers who even has her own state political action committee. This year alone, the Texas Supreme Court has dismissed at least two lawsuits she filed against the secretary of state, in which she claims the office isn’t following election law. This pattern, election experts and advocates say, promotes misinformation, wastes resources, and could further harm the election process.

“You see this maneuver among these fringe conspiratorial organizations where a lot of times they say that ‘there’s reason to believe that there’s fraud’ in the election system, but what they point to are, at worst, deviations from procedure,” said James Slattery, senior attorney for the Texas Civil Rights Project’s voting rights program. “This is merely one tactic in that broader strategy to undermine faith in elections.”

See here and here fore more Gillespie County shenanigans. Many years ago, I wrote about my first encounter with Texas politics, a 1985 referendum in San Antonio to finally add fluoride to their city’s water, which went down to defeat thanks to some local weirdos and a lot of fearmongering. The more things change, and all that. I think my headline for that post is one of my better efforts.

Still, while I remain capable of being somewhat amused by these characters, there are real world effects outside of good dental hygiene that they can have, and they’re just as bad for us:

One lawsuit, tossed out by a judge last month, sought to direct the secretary of state to retract advice the office gave counties about the use of randomly numbered ballots. Borgelt told Votebeat he’d already filed a motion for a rehearing on the decision.

Experts have time and time again said the practice Pressley’s allies advocate — consecutively numbering ballots — could facilitate election fraud. Consecutively numbered ballots could also more easily make voters identifiable, and aren’t necessary for audits.

Putting my cybersecurity hat on for a moment, using sequential numbers like this is a known vulnerability for databases that could allow for entire datasets to be easily stolen. Any code that involved secure data that did this would flunk an audit. So maybe we shouldn’t be taking suggestions about election security from known crackpots. I’m just saying.

Final November 2022 EV totals: Catching up

First, some slightly outdated numbers from the Chron.

Fewer Harris County voters cast ballots during this year’s early voting period than in the 2020 and 2018 elections, according to unofficial voter counts released after polls closed on Friday night.

From Oct. 24 to Nov. 4, about 736,000 people had voted at Harris County’s 99 early voting locations. They accounted for about 28 percent of Harris County’s 2.6 million registered voters.

Local voters are taking to the polls to elect dozens of local offices, including Harris County judge, as well as to vote on $1.2 billion in bond proposals and on statewide races for governor, lieutenant governor, attorney general and others.

But so far, the number of voters has lagged behind the turnout in recent November elections.

In 2020, which was a presidential election year, more than 1.4 million people, about 57 percent of registered voters in Harris County, voted early. In 2018, early voting turnout was 855,711 people or 36.6 percent of registered voters.

There was an uptick in recent days of voter turnout. On Friday, more than 95,000 people voted in person, the highest daily total during the two-week early voting period. The second-highest voting day was Thursday, when more than 75,000 people voted. Long lines and waits of more than 2 hours were reported at some locations on Friday. After polls closed at 7 p.m., there were still 200 people in line to vote at some locations, including NRG Stadium, according to the Harris County Election Administrator’s Office.

I’ll get to the numbers in a minutes, but this story has a publication time of 9:14 PM and refers to a tweet posted at 7 PM by the Elections office. The final in person vote count for Friday was actually 105K, so waiting till later to publish (the voters file with the final count hit my mailbox at 11:24 PM) might have been advisable. Be that as it may, this is what we got when all was said and done. Final EV totals from 2018 are here and from 2014 are here. The final totals for 2022 are here.


Year     Mail    Early    Total
===============================
2014   67,967  307,280  375,247
2018   89,098  766,613  855,711
2022   57,871  692,478  750,349

In the end, early turnout for 2022 was 87.7% of what it was in 2018, while in person turnout was 91.6% of the 2018 number. That’s down, but as noted on Friday, the gap has narrowed. All three final days of early voting had higher in person totals this year than in 2022. Comparisons to 2020 are not particularly interesting – this is a non-Presidential year, and in case you forgot there were three weeks of early voting in 2020, thanks to the pandemic. We may be hard pressed to match 2020 EV totals in 2024.

The question is, what might final turnout look like? The trend in Presidential years is that fewer votes are cast on Election Day. In 2012, 35% of votes were cast on Election Day, in 2016 it was 26% of the vote, and in 2020 – again, in a year with three weeks of early voting, and also a record number of votes by mail – just 12% of the vote was on Tuesday. That trend is much less pronounced in off years. In 2010, 44% of all votes were cast on Election Day, in 2014 it was 45%, and in 2018 it was 29%.

What that means is that if Election Day in 2022 is like it was in 2018, we’ll get about 307K votes cast (*) for a final total of about 1.057 million. If it’s more like 2014, we’ll see 614K votes cast, for 1.364 million total. Going by the estimate of about 2.53 million total voters in Harris County, that would be 41.8% turnout of registered voters on the low end, and 53.9% on the high end. That compares to 41.7% in 2010, 33.7% in 2014, and 52.9% in 2018.

My high end scenario, in other words, would mean that 2022 exceeds 2018 both in absolute numbers as well as in turnout percentage. That feels a bit exuberant to me, but not out of the question. I think the 29% turnout on Election Day is probably too low – I’ll get into that more in a minute – so let’s split the difference and say 37% of the vote happens on Tuesday. If that’s the case, then 1.191 million votes will be cast, or 47.1% turnout. That’s down from 2018 but not by much. It feels plausible to me, with the proviso that we’re all just flat-out guessing here.

One argument for why we might get a larger portion of the vote cast on Tuesday than we had in 2018 is that more voters came out in the final days of early voting this year. The last three days of early voting in 2018 accounted for about 27% of the final in person early vote total. This year, about 35% of the in person vote came out on the last three days. That at least suggests the possibility that more people are taking their time to get to the polls. Does that necessarily carry over to voting on E-Day instead of voting early? Maybe, I don’t know. We’re dealing with the tiniest possible sample sizes here, so you can read anything you want into this stuff. That’s why I try to talk in terms of ranges of possibility. Different years are, well, different. It’s plausible to me that the Election Day share of the vote this year could be higher than it was in 2018, but that doesn’t mean it will be, nor does it mean that if it is it will be as much as it was in previous years. Pick your adventure here. Have you voted yet?

(*) – Just a reminder that some number of mail ballots come in between Friday and Tuesday, which means that the mail totals you see on the official Election Night returns don’t match what I’ve got here from the daily EV tallies. In 2018, there wound up being just over 100K mail ballots, which means there were another 11K that came in after the “final” totals posted above. My guess is we’ll get between 65-67K total mail ballots this year. All this means that my calculations for the Election Day vote share are slightly off, but it’s not worth worrying about. The basic contour is still whether we get an Election Day more like 2018 or more like 2014/2010.

November 2022 Day Ten EV totals: Two to go

This is the data from Wednesday. It came in a little later than usual. Since yesterday was the vote-till-10PM day, I thought I’d provide this update now, and will give the final EV totals on Sunday. Final EV totals from 2018 are here and from 2014 are here. The Day Ten totals for 2022 are here.


Year     Mail    Early    Total
===============================
2014   63,857  220,505  284,362
2018   82,009  605,869  719,878
2022   52,608  513,398  566,006

About 58K in person voters Wednesday, which was in line with the dailies from week one, plus another 6K mail ballots. The second Wednesday of week two early voting in 201 had a weird dip, to 48K in person votes – maybe it rained all day that day, I dunno – so the gap between 2018 and 2022 was slightly closed. About 122K in person votes over the last two days will make the 2022 early vote exceed the entire total from 2014. We won’t catch up to 2018 barring a huge surge, but closing the gap a bit more is possible. Have you voted yet?

November 2022 Day Nine EV Totals: Still lagging

Nine days down, three to go: Final EV totals from 2018 are here and from 2014 are here. The Day Nine totals for 2022 are here.


Year     Mail    Early    Total
===============================
2014   60,400  191,432  251,832
2018   80,279  557,264  637,543
2022   46,417  454,309  500,726

Not off to a fast start in week 2, as both Monday and Tuesday had lower turnout than the weekdays of Week 1. I wasn’t expecting 2018-level turnout, even with the larger number of registered voters, but it’s lagging farther behind than I expected at this point. I’d like to see this turn around, but we’re running out of time for it to happen. Have you voted yet?

November 2022 Day Seven EV totals: On to Week 2

Fresh from Sunday night: Final EV totals from 2018 are here and from 2014 are here. The Day Seven totals for 2022 are here.


Year     Mail    Early    Total
===============================
2014   57,546  137,137  194,683
2018   77,347  429,009  506,356
2022   44,163  354,100  398,263

Saturday’s in person total of 41K was surprisingly low, while Sunday’s 25K was much more in line with expectations. Because Saturday in 2018 was much busier, the 2022 pace has fallen off a bit, though the in person total is still about 82.5% of what it was four years ago. The early vote for 2022 after seven days has now exceeded the entire early vote from 2014. An average of about 59K per day for this week, not much higher than the average for the first seven days, would make the 2022 early total be greater than the final turnout for all of 2014. Obviously, we want to aim much higher than that, and we have many more voters now than we did eight years ago – and also four years ago. We’ll see what this week holds. Have you voted yet?

How long has it been since the Fifth Circuit upheld a voter suppression law?

However long it’s been, they’re back at it.

Still the only voter ID anyone should need

A federal appeals court on Wednesday revived a 2021 Texas law that set new residency requirements for voter registration, including one that civil rights groups alleged essentially blocked college students from signing up.

The ruling by a three-judge panel of the 5th Circuit Court of Appeals overturned a lower court’s ruling that blocked most of the law for creating an unconstitutional burden on the right to vote.

[…]

The judges found the groups, LULAC and Voto Latino, failed to prove they had endured harm as a result of the law and therefore lacked standing.

“It’s unfortunate that we have such a conservative, anti-voting rights 5th Circuit,” LULAC President Domingo Garcia said. “We’ve been representing Latinos of Texas since 1929. This is the first time in recent memory a court has ruled we do not have standing. We believe we were right on the merits that this is a voter suppression bill that should be overturned.”

Garcia added that the group plans to request a rehearing by the full court, which is often considered one of the most conservative courts in the country.

Senate Bill 1111, which took effect Sept. 1 of last year, requires that anyone using a P.O. Box to register must also provide documentation of a physical residential address, such as a photocopy of a driver’s license.

It also prohibits voters from establishing or maintaining a residence “for the purpose of influencing the outcome of a certain election.”

Lastly, it bars voters from establishing a residence in a place they have not inhabited or at a previous residence, unless they live there at the time of the designation and intend to remain there.

“It’s a recognition of the obvious that they really didn’t have standing and they are not harmed because all (the bill) does is simply say: Don’t register at an impossible address,” said state Sen. Paul Bettencourt, who authored the bill.

LULAC and Voto Latino had argued that the law had forced them to have to divert resources toward educating the public about the changes and it chilled their speech when it came to what they could say about how to register to vote.

Garcia said LULAC spent more than $1 million to counteract election laws like SB 1111, but the judges sided with Texas in finding that the group failed to show how such expenses were directly related to that law, as several election laws were passed in 2021.

U.S. District Judge Lee Yeakel mostly left the P.O. Box provision in-tact, reasoning that the state has an interest in preventing voter registration fraud and the request for verification of a physical address is not a severe burden. A response to that request with a new address, Yeakel clarified, should be considered a change of address with no further action needed.

Yeakel had enjoined the two other provisions. He argued that there are valid reasons for changing an address that may influence the outcome of an election but not in a malicious way, such as “voting, volunteering with a political campaign, or running for an elected office.”

The final provision relating to where a person lives or intends to stay would make registration near-impossible for college students, senators or other groups of people who live in multiple locations throughout the year, Yeakel said.

“The burden imposed is ‘severe,’ if not insurmountable,” Yeakel wrote. “Such an insurmountable burden is not easily overcome … And the possible repercussions are not just complete disenfranchisement, but also criminal liability.”

See here for the background. You will note that I anticipated this outcome, so at least I’ve got that going for me. I would just like to know, if this law is constitutional, if we can prevent certain lowlife perennial candidates from registering at warehouses around town for the purposes of establishing “residency” to run for office. I’m sure the Fifth Circuit will be able to justify that, I would just like to see them do it.

November 2022 Day Five EV totals: A closer look at mail ballots

The numbers are what they are.

Nearly half as many people have so far voted by mail in Harris County as in 2018 during the same period, state data show.

About 31,000 voters submitted mail-in ballots by the end of the day Thursday, compared with 56,000 at this point four years ago. A similar trend is taking shape at the statewide level, where Republican voters who previously relied on mail ballots are likely opting to vote in person early or on Election Day, political analysts say.

Overall, turnout during early voting has also trailed slightly behind 2018. In the 30 counties with the most registered voters, about 11.1 percent have cast a ballot so far, though four counties had not yet submitted updated tallies as of Friday morning. About 16.1 percent had voted by this time four years ago.

The 31,000 mail ballots in Harris County make up about 1.2 percent of its registered voters. But in 2018, about 2.4 percent of registered voters’ ballots had been shipped off and counted by now.

Republicans in the past have had a 2-to-1 advantage in the vote-by-mail category, and the practice expanded in the 2020 election as the coronavirus spread. But as the pandemic waned, and after former President Donald Trump cast doubt on the integrity of the method, data shows Democrats now have the edge.

“Prior to 2018, voting by mail was really the bread and butter for Republican candidates,” said Derek Ryan, a GOP strategist whose company produces election data analyses. “And then (Trump) started discussing how potentially unsafe voting by mail could be, and I think that message has resonated with the Republican base.”

As of Wednesday in Harris County, 52 percent had previously voted in a Democratic primary, and 36 percent of mail voters had previously voted in a Republican primary, according to Ryan’s analysis. Yet, Republican voters have the upper hand in person, 41 percent to 34 percent.

[…]

Ryan, who’s been involved in politics in Texas since 2000, said this is the first election cycle he can remember in which most Republican candidates have not sent out mail ballot applications to registered voters.

Harris County elections spokeswoman Leah Shah said the county received far fewer applications that came from campaigns in this election — about 27,000 compared to 57,000 in 2018. Overall, the county received about 78,000 applications, compared with nearly 120,000 in 2018, she said.

“We’ve done a significant amount of education through the summer to ensure people feel confident in voting by mail,” Shah said. “It’s still an extremely important option for people who can’t come in person. We certainly want to encourage people to do so if needed and if they’re eligible.”

As noted, the in person early voting totals for Harris County right now are quite close to the 2018 numbers. The vote by mail totals are down quite a bit, and for sure that’s mostly Republican dropoff. For what it’s worth, in the 2018 general election in Harris County, Republicans had a slight lead in straight ticket votes on the mail ballots, though the Dem candidates for the most part had a modest edge overall. In 2020 Dems had a solid lead i mail votes, and I expect the same this year though with a smaller number of total mail votes cast. In the end, as I’ve said before, I would expect most of the former mail voters to turn out in person.

As for the Republican voters having an edge so far with in person voters, remember three things: One, the earliest voters tend to be the most faithful ones, so they’re disproportionately the strongest partisans. Two, going back to 2012 there have generally been more votes cast in Republican primaries than in Democratic primaries. The high water total for both parties in a primary is about 329K, with Dems hitting that mark in 2020 and Republicans in 2016. Not everyone votes in a given year’s primary so you can’t just add up the votes for each year, but my point is that to a first order approximation, the total number of people with an R primary history and the people with a D voting history are roughly the same.

(Yes, there were 410K Dem primary voters in 2008. That was 14 years ago. People move, people die, and we have about 700K more registered voters now in Harris County than we did then.)

Finally, there are a lot of people with no primary voting history. In 2018, when Dems had 159K primary voters and Republicans had 167K, every Dem other than Lina Hidalgo got at least 606K votes in November, while Republicans of the non-Ed Emmett variety got at most 560K (Hidalgo beat Emmett 595K to 575K). In 2020, with 329K Dem primary votes and 195K Republicans, it was at least 814K votes for Dems and at most 740K for Republicans. There are a lot of votes still to be cast.

Here are the totals through Friday. Final EV totals from 2018 are here and from 2014 are here. The Day Five totals for 2022 are here.


Year     Mail    Early    Total
===============================
2014   54,300  104,147  158,447
2018   65,232  315,030  380,262
2022   37,810  287,185  324,995

There were about 55K in person voters on both Thursday and Friday. Given the rains on Friday, it’s possible that total might have been higher otherwise. The 2022 in person tally continues to run at a bit more than 90% of the 2018 total (91.2%, if you want to be more precise), while the mail ballot total is about 80% of what it was in 2018. A simple and dumb extrapolation would suggest about 698K in person early voters plus 52K mail voters for a total of 750K, compared to 855K in 2018. I still think we wind up closer than that. The Trib has a nice daily tracker that as of last night was updated through Thursday, if you want to follow that along. I’ll post the next update Monday morning.

We hit a new peak in voter registrations

It’s good to see, whatever it “means”.

Still the only voter ID anyone should need

Texas now has almost 17.7 million voters — 1.9 million more than four years ago, when Gov. Greg Abbott won re-election.

New voter registration totals from the Texas Division of Elections show the state’s voter rolls are continuing to grow even faster than the population. While the state’s population has grown about 7 percent since 2018, voter registrations have grown about 12 percent.

Nowhere has the surge been bigger than in Harris County, where 230,000 people have been added to the voter rolls since 2018. Tarrant and Bexar counties are next, with more than 130,000 more voters than four years ago. All three counties voted Democratic in the 2020 presidential election.

The result is that at least 1 of every 5 voters in Texas never cast a general election ballot in the Lone Star State prior to 2014 — a remarkable wild card in a state that had stable politics and a slow stream of new voters for a generation before that.

Some of the biggest percentage increases in voter registrations are coming from booming counties that voted Republican in 2020.

Comal County, just north of San Antonio, saw a 29 percent increase in voter registrations from four years ago — the highest growth percentage of any county in the state. Not far behind was Kaufman County, east of Dallas, which also grew by about 29 percent.

[…]

Since 2014, Texas has added 3.6 million voters — roughly equivalent to the populations of Wisconsin and Minnesota.

The increase can be traced to 2014, when a group of campaign strategists from President Barack Obama’s re-election campaign launched an effort they called Battleground Texas to build an army of volunteer registrars.

See here and here for some background, and here for historic data. It’s wild that this has accelerated so much in recent years – we’ve talked about how Harris County was basically flat for years prior to 2012. This will have to slow down, at least to equalize to the rate of population growth, but today is not that day.

The increase in voter registration is absolutely a factor in the recent surge in turnout. In 2014, with 14 million voters and 33.7% turnout, there were 4.7 million total ballots. With 17.7 million voters, 33.7% turnout would be almost 6 million votes. Needless to say, we expect a higher percentage turnout than that this year. If we get the 8.3 million voters we got in 2018, that’s 47% this year, while it was 53% in 2018. I don’t know what we’ll get and I’m not trying to make a projection, I’m just noting that we have a higher floor now.

November 2022 Day Three EV totals: A lot like Day Two

Sorry, the days are long and my mind is full and I don’t have anything interesting to say. I will at some point. For now, this is what we get. Final EV totals from 2018 are here and from 2014 are here. The Day Three totals for 2022 are here.


Year     Mail    Early    Total
===============================
2014   46,293   61,150  107,443
2018   55,506  190,455  245,961
2022   28,536  176,964  205,500

There were 56K in person voters yesterday, and a bit over 4K returned mail ballots. At this point, 2022 is running about twice as high as 2014, and that gap will grow, while at about 80% of 2018 overall but more than 90% of 2018 in person. The 2018 dailies stay pretty flat though the last day, with an odd dip on the second Wednesday. I think 2022 will catch up, at least for the in person totals. Have you voted yet?

November 2022 Day Two EV totals: Just the facts

I’m just going to get into it, I don’t have anything to add to the numbers. Final EV totals from 2018 are here and from 2014 are here. The Day Two totals for 2022 are here.


Year     Mail    Early    Total
===============================
2014   42,752   40,595   83,347
2018   53,947  127,963  181,910
2022   23,630  120,402  144,032

There were about 59K in person voters yesterday, compared to 63K for 2018. Obviously, the overall mail ballot total is down as noted before, but in the end I expect those votes to mostly show up as in person votes. I’m sure I’ll have more to say going forward, but for now we’re up to date.

November 2022 Day One EV totals: The in person experience

Here’s your Chron story about Day One of early voting.

More than 60,000 registered voters Harris County decided Monday they couldn’t wait any longer to cast a ballot for their choices in the 2022 midterm election.

Monday was the first day of early voting in Texas, and more than one out of every 50 Harris County turned out to cast their ballots, according to the Harris County Elections Administration office. Voters this year are casting votes for Texas governor and Harris County judge, along with dozens of other state and local races. In Harris County, a printed-out ballot would be 20 pages long, officials said

Few problems were reported at the county’s 99 early voting locations Monday, but voters did find themselves standing in line waiting to cast their votes.

[…]

Texas now has nearly 17.7 million voters, which is 1.9 million more than four years ago, according to the Texas Division of Elections.

Harris County alone has about 2.6 million registered voters. Since 2018, about 230,000 people have been added to the rolls in Texas’ most populous county.

Most people across the state are expected to vote early, which has been the trend for Texas elections since 2008.

Whether this year’s midterm will have record turnouts remained to be seen. Elections officials in the largest counties outside of Harris County said turnout appeared to be slightly lower on the first day of early voting, compared to the 2020 and 2018 elections.

Here’s the story about voter registration totals, which I’ll get into separately. You’re here for the daily EV totals, and I aim to please:


Year     Mail    Early    Total
===============================
2014   41,520   20,215   61,735
2018   52,413   63,188  115,601
2022   21,779   60,834   82,613

I’m just focusing on midterm elections this time. The third week of early voting in 2020 makes any comparisons there hard to do. Final EV totals from 2018 are here and from 2014 are here. The Day One totals for 2022 are here.

Two things to note. One is that the mail ballots are way down, not just from 2018 but also from 2014. I saw some speculation about this on Twitter, as statewide mail ballots are also way down, that it’s mostly Republicans giving up on voting by mail due to the constant brainwashing about it by their lord and master The Former Guy. We can’t be sure about that, but it’s a reasonable hypothesis. We’ll know for sure when the votes get tallied. I’d guess that some number of other mail voters have also decided just to vote in person and not mess with that hassle now.

Two, the in person total for today is pretty close to what we had in 2018. Remember how much we freaked out about the turnout that year? I suspect in the end we’ll be pretty close, and may very well surpass it. Remember, we have a lot more voters now, so for a similar percentage of turnout the absolute total will be higher, and I also think we may have more Election Day voting, with probably more Republicans waiting till then. I’ll feel better about making pronouncements after a few days of actual voting.

I will try to post these daily, but may fall a day behind depending on how busy my evenings are. For now, this is where it is. Have you voted yet?

I think you know the root cause of the problem, John

I was fascinated by this Texas Monthly feature on Secretary of State John Scott, who is being pushed to reckon with the insane and dangerous levels of election denial and anti-democratic activism. I’m pretty sure he gets it, he just doesn’t want to say it or to suggest answers for it.

Take pity on John Scott. In October 2021, Governor Greg Abbott appointed the Fort Worth attorney as Secretary of State, Texas’s top elections official. He immediately found himself in the hot seat, targeted by voting rights activists aggrieved by what they saw as Republican-led voter suppression and by conspiracy theorists inflamed by former president Donald Trump’s claims of a stolen election. Scott, who had previously served under Abbott as deputy attorney general for civil litigation and COO of the Texas Health and Human Services Commission, told Texas Monthly at the time that his top priority was “bringing the temperature down.” This proved harder than he anticipated.

Scott’s first major task was to conduct a “full forensic audit” of the 2020 general election in the two largest Democrat-led counties, Dallas and Harris, and the two largest Republican-led counties, Collin and Tarrant. The audit was demanded by Trump—even though he won Texas by more than five percentage points—and had been agreed to, less than nine hours after Trump issued his demand, by the Secretary of State office (the top post was then vacant). The effort immediately drew scorn from both liberals, who denounced it as a capitulation to election deniers, and Trump himself, who complained that limiting the audit to four counties was “weak.”

Phase one of the audit examined voting-machine accuracy, cybersecurity, and potentially ineligible voters. Quietly released last New Year’s Eve, it found nothing unusual about the election. The results of the second phase, a more detailed review of all available records from the four counties, are scheduled to be released later this year.

The inability to please either liberals or conservatives has been the hallmark of Scott’s tenure. He drew bipartisan criticism for the high rejection rate for mail-in ballots (12 percent) during this year’s primary election—an all-too-predictable result of the confusing new vote-by-mail rules imposed by Senate Bill 1, which the Republican-controlled Legislature passed last year over vehement Democratic opposition. Scott’s attempt to fulfill SB 1’s strict voter list–maintenance requirements led his office to challenge the citizenship status of nearly 12,000 registered voters, at least some of whom turned out to be on the list by mistake. His office was sued by a coalition of voting rights groups, including the Mexican American Legal Defense and Educational Fund, which has called the list “a surgical strike against voters of color.” (The U.S. Court of Appeals for the Fifth Circuit recently ruled that Scott did not have to divulge the list; the plaintiffs are deciding whether to appeal.)

[…]

With early voting for the November general election just weeks away, Texas Monthly decided to check in with the embattled Secretary of State. This interview has been edited for length and clarity.

Texas Monthly: The voting-machine test you attended in Hays County got pretty rowdy. What was that like?

John Scott: The local elections administrator in Hays County invited us down to film a public service announcement. It kind of devolved into a little bit of a question-and-answer session [with the activists]. I felt bad that it became disruptive to the process we were all there for. Part of my job is answering questions. But a lot of the people who have questions, it’s the misinformed and the uninformed.

The misinformed people seem like they really don’t care. They know something, and they’re going to stick to it no matter what you tell them. You can talk until you’re blue in the face. With the uninformed, we have to reach out and tell them the truth. Otherwise there will only be bad information circling around. The shouting eventually ended and they did calm down. I think there were several protesters who accepted a lot of what I was saying.

TM: Why do you think so many people are angry about these issues?

JS: I don’t know why. If I did, we would address it immediately. There’s a lack of information, and then there’s people out there filling that lack of information with stories that are simply not true. I have yet to hear about or meet any elections administrator in the state who is not trying to do a perfect job. We’re all humans, and so we’re all prone to error. It seems like, a lot of times, people latch on to those errors and ascribe motives. I don’t know how we stop that other than to continually address it. It’s like Whac-A-Mole.

[…]

TM: Earlier this year, the Brennan Center for Justice conducted a survey of election workers across the country. It found that one in every six workers has received threats because of their job. In Texas, the top three election administrators in Gillespie County recently resigned because of harassment. Tarrant County election administrator Heider Garcia received death threats after being the subject of a conspiracy theory involving his prior employment by voting-machine manufacturer Smartmatic. How big of a problem is this?

JS: It’s a huge problem. Heider and his deputy both carry guns now. They don’t bring them into polling places, because that’s illegal, but they have to have a gun on them. Which is pathetic—the fact that they’re in that much fear of their life, that it’s gotten that heated. I think it’s obscene. In Gillespie County I visited with the county judge and let him know we were here to help in any way possible, given the situation they had. Everybody over there had glowing comments about the elections administrator. She was somebody you would want as your neighbor, and somebody you’d want as your public servant in charge of elections.

I’ve gotten death threats; my folks in the elections division have gotten death threats. It’s become absurd, and I don’t know what’s caused it.

TM: What steps has your office taken to ensure election workers can safely carry out their duties?

JS: We tell each county that if they get threats of any kind to report it to their local law enforcement agency immediately. That’s what we did with our own death threats. This is insanity—you can’t have people receiving death threats for doing their jobs.

TM: You say you’re not sure why it’s gotten so intense. But surely former president Trump’s repeated claims of a stolen election have something to do with it.

JS: Any time the temperature gets turned up, it’s possible to have nuts making these statements. At least in our office, what I was told is that these threats long preceded the 2020 election. The Infowars guy [Alex Jones] has unleashed hell on our election people. This has been going on for many years. And I don’t want to give a free pass to people who are crazy enough to go out there and say they’re going to kill somebody because they’re doing their job. I don’t want to give them an excuse—”Oh, well, it’s because somebody said something.” No, that behavior is unacceptable under any scenario. Just because somebody said something, or they saw something on TV, that doesn’t excuse it.

“Pity” is not the word that comes to mind. I don’t care for John Scott, but I’ll admit to some sympathy for him. He’s facing the heat out there as well as the front-line county election workers, and that’s a lot more than any of our elected state leaders are doing. I take his point about misinformed versus uninformed voters as well, though it sure would be nice if someone like him were a much louder advocate for good information and putting a sufficient amount of resources into combatting that misinformation.

And look, this guy isn’t dumb. He knows what the problem is and who’s causing it, he just doesn’t want to call out his own team. It’s the opposite of courageous, but it’s human enough that I can at least see why he’s being so timid. But those county election administrators are out there getting pummeled, working insane hours, and generally burning themselves out, without any clear sign that the state has their backs. It’s not sustainable, not to mention inhumane and dangerous. How about loudly pushing for state resources to find, arrest, and prosecute people who are threatening these folks? How about urging the AG to look into curbing or at least slowing down these mountains of public record requests, especially from out of state activists, which are basically a denial of service attack on the counties? How about asking your buddy Greg Abbott to say something? There’s a lot John Scott can do even if he’s just an administrator himself. If I saw him doing more of it, even if “it” is just trying to get those with the real power to do something, I’d have a lot more respect for him.

At least one local voter purge effort has been thwarted

For now, at least. Like flies to garbage, though, you know they’ll be back for more.

Still the only voter ID anyone should need

The Harris County Elections Administrator’s Office received a flood of affidavits this summer challenging the eligibility of thousands of registered voters throughout the county, accusing them of not living at the addresses listed on registration records.

None of the affidavits led to county elections officials removing any names from the voter rolls.

The affidavits are linked to efforts by a conservative grass-roots organization called the Texas Election Network, which earlier this year attempted to get Sunnyside residents to sign forms verifying the identities of registered voters living at their addresses.

Each affidavit alleges that numerous registered voters in Harris County “do not reside at the addresses listed on their voter registration records,” as required by state election law. Upon receiving a sworn statement challenging a voter’s residence, election officials must send a “Notice of Address Confirmation” to the voter in question.

The challenges were first reported by The New York Times, which found the affidavits disputed the eligibility of more than 6,000 voters.

In all, the Elections Administrator’s Office received 115 affidavits, according to Leah Shah, a spokesperson for the elections office.

Of those, Shah said, 66 were rejected because they “did not meet statutory requirements and contained incomplete information.”

Another 49 challenges came in after Aug. 10, the 90th day before the election. The National Voter Registration Act of 1993, known as the “motor voter act,” bars election officials from performing most voter roll maintenance activities within 90 days of a federal election. The restriction applies to any program intended to “systematically remove the names of ineligible voters from the official list of eligible voters,” including “general mailings and door to door canvasses,” according to the Justice Department.

Each of the forms submitted by various Harris County residents cited voter registration data retrieved by the Texas Election Network, along with the residents’ own canvassing efforts.

“I have personally been told by persons actually residing at these addresses that the challenged voter does not reside at that address and is not only temporarily absent from that address with an intent to return,” the affidavits read. “I am requesting that the Harris County Elections Administrator take the actions required by the Texas Election Code.”

Shah said the office “will work in coordination with the county attorney’s office to review and determine the validity of all challenges on a case-by-case basis” after the midterm election.

When the Texas Election Network’s canvassing efforts in Sunnyside came to light in early July, County Attorney Christian Menefee’s office said it was “investigating this issue and exploring legal options to protect residents and prevent this from happening again.”

Asked about the status of the investigation this week, county attorney spokesperson Roxanne Werner said, “Although we have not found any further activity by this group, we are continuing to monitor the situation and will take action if appropriate. We won’t allow any group to engage in illegal conduct to try and remove registered voters off the rolls.”

See here (scroll down) for the background. I do hope the County Attorney’s Office keeps an eye on this activity, because we know it’s ill-intentioned bullshit and it deserves to be closely scrutinized. Don’t ever give them an inch.

Fifth Circuit does its thing with appeal of voter purge case

Get out the rubber stamp.

Still the only voter ID anyone should need

A federal appeals court has ruled that Texas does not need to release details about a list of 11,737 registered voters whom the state has identified as potential noncitizens.

The U.S. Court of Appeals for the 5th Circuit on Thursday reversed a lower court’s ruling in August in which a district judge had found Texas was violating federal law by refusing to release the list.

The appellate court found that the five civil rights groups suing the Texas secretary of state for the list did not have standing to sue. Circuit Judge Edith H. Jones wrote in the ruling that the groups have neither established injury to themselves from the state’s refusal to release the list nor sued on behalf of any voter included on the list who could be harmed.

The coalition “offered no meaningful evidence regarding any downstream consequences from an alleged injury in law under the NVRA [National Voter Registration Act],” Jones wrote. “The lack of concrete harm here is reinforced because not a single Plaintiff is a Texas voter, much less a voter wrongfully identified as ineligible.”

The groups suing the state are the Campaign Legal Center, the American Civil Liberties Union of Texas, the Mexican American Legal Defense and Educational Fund, the Lawyers’ Committee for Civil Rights Under Law and Demos. The groups, which sued the state in February for failing to comply with the NVRA’s public disclosure requirements, sought to hold Texas accountable if it incorrectly misidentified registered voters as noncitizens and disenfranchised naturalized citizens.

“We are disappointed with the court’s opinion and are exploring our options with respect to any next steps,” Molly Danahy, the Campaign Legal Center’s senior legal counsel for litigation, said in a statement. We will continue to monitor potential voter purges in Texas because transparency is vital to a healthy democracy and all citizens deserve to have equal access to the ballot.”

See here and here for the background. I didn’t find any discussion of this in the usual places I look on Twitter, so I don’t know if there’s a hint of merit to the ruling or if it’s wholly made up. Given the recent history of this circuit and that top-level bad actor Edith Jones wrote it, you can probably guess what I think. The Fifth Circuit not only gets no benefit of the doubt from me, they get a presumption of doubt. This is simply not a legitimate court, and this wasn’t even their worst ruling of the week. Burn it all down.

Voter registration update

However you look at it, we have a lot of registered voters now.

Still the only voter ID anyone should need

With three weeks before the Oct. 11 deadline for the November elections, nearly 80% of the state’s voting age population is registered to vote, putting the number of people eligible to cast ballots to more than 17.5 million and counting, according to the Austin American-Statesman. 

Records maintained by the Texas Secretary of State’s Office, show that the new-registration numbers are higher than they were during the midterm cycles of 2014 and 2018, however, the percentage of people of voting age registered has increased only marginally.

This means the addition of new voters is offset by the number of people who have left the registration rolls. Democrats believe the sudden surge of new voter registration is largely due to the Supreme Court’s decision in June to overturn Roe v. Wade’s landmark abortion ruling.

“It’s not just that younger voters are surging in TX since Dobbs,” tweeted Tom Bonier, CEO of the firm, TargetSmart, in reference to the high court’s Dobbs v. Jackson Women’s Health Organization ruling. “It’s clear that those younger voters who are registering now (men and women) are far more Democratic.”

Apart from being motivated by the loss of abortion rights, new voters might have been inspired by the inaction of Texas Republican leaders on gun safety issues in the wake of the May 24 massacre at Robb Elementary School in Uvalde.

On the other hand, Republicans are skeptical about that conclusion. Derek Ryan, a Texas Republican researcher, and consultant, examined data from the three most recent midterm cycles and said the demographic characteristics of new registrants are remarkably consistent, as reported by Austin American-Statesman.

We’ve discussed the voter registration figures and the reasons to maintain some perspective before. I will say that if we get the same turnout percentage in 2022 that we got in 2018, we’ll get about 9.3 million voters in this election, or about 900K more than we got four years ago. That’s also almost exactly double what we got in 2014, when registration was considerably lower and the turnout percentage was almost comically small. The last couple of elections have shown that higher turnout elections are not inherently favorable to one party or the other, but I would still claim that low turnout elections are generally bad for Democrats, at least in Texas.

Let’s not go overboard about these voter registration numbers

Sure it’s nice to see, but a little perspective is in order.

Still the only voter ID anyone should need

In Texas, it’s not just women who are fired up about access to abortion and registering to vote in large numbers following this summer’s historic Supreme Court decision striking down Roe v. Wade.

A new analysis from political data and polling firm TargetSmart found that while Texas’ new voter registrants are evenly split between men and women, they are younger and more Democratic than before the June ruling.

“It’s not that we’re not seeing a surge from women but that in Texas, we’re somewhat uniquely also seeing a surge from men, particularly younger, more progressive men, who are matching the surge from women,” said CEO Tom Bonier, whose firm works with Democratic and progressive candidates.

“I would expect to see that trend develop more in other states as we get closer to the election, but it was interesting to see Texas as first in that sense.”

According to TargetSmart, Democrats now have a 10-percentage point advantage among new registrants since the high court’s decision in Dobbs v. Jackson Women’s Health Organization, making up 42 percent to Republicans’ 32 percent. Prior to Dobbs, Republicans had a five-point advantage.

The state’s young voters — defined as those under age 25 — are also leaning more blue, the analysis found. Democrats now make up 47 percent of young Texas voters, up from 34 percent. The Republican share has remained the same at just under 30 percent.

That’s in line with what TargetSmart is seeing in 25 states that report party registration. In Texas, the firm uses a variety of data, including past primary participation and consumer demographic data, to identify likely Democratic and Republican voters.

Whether the registration trend will translate to high turnout of young voters is still yet to be seen. The group had tended to turn out at low rates compared to other age groups, but that trend started to turn around nationally and in Texas in 2018.

That midterm election year, with the rise in popularity of Democrat Beto O’Rourke amid his campaign for U.S. Senate, turnout among 18- to 29-year-olds more than tripled from about 8 percent in 2014 to about 26 percent.

“No one knows if that’ll be the case in 2022,” Bonier said. “But there is reason to be optimistic that these younger voters are much more highly energized than they have been in past.”

Bonier added that new voter registrants tend to have a higher turnout rate than those already registered.

I believe this story is based on this recent tweet thread from Bonier; there’s a link to an earlier Chron story about voter registration as well. It’s a cardinal rule to me that anytime you see a story about numbers that are solely expressed in percentages, you have to think about what the actual numbers are. Big percentages of small numbers are still small numbers, and vice versa. Here, the main thing we don’t know is how many voter registrations we’re talking about. We won’t have official numbers on that until October, after the registration deadline. Here’s what the registration figures since November of 2020 look like – you can find the state data here:

November 2020 – 15,279,870
January 2021 – 15,757,825
November 2021 – 16,007,280
January 2022 – 16,150,258
March 2022 – 15,944,184

This is a reminder that voter registration does not always go up. As we well know, voters also get removed from the rolls, sometimes for legitimate reasons like death or moving out of state, sometimes not. Whatever the case, we were just under 16 million in March. We’ve probably added a couple hundred thousand since then, so maybe we’re up around 16.2 or 16.3 million or so; I’m just guessing.

Now go back and look at what Tom Bonier said. Before the Dobbs ruling in June, Republican-profiled people were leading the new registrants. We don’t know how far back that goes, my guess is to March but who knows. Point being, we don’t know how many net new presumed Republicans this represents. We also don’t know how many new registrants there have been since June, when Dems showed the advantage. Maybe that’s enough to overcome the earlier deficit. I couldn’t tell you from the information I have available to me.

Let’s just focus on the post-Dobbs voters. Let’s say we get 100K new voters from then until October. If Dems have a ten-point lead in voter registrations during this time, that’s a net 10K potential voters for them. That number will be less than that in the end, as not everyone votes, so maybe it’s a 6K or 7K advantage. Not nothing, to be sure, but very likely not enough to tip any election.

I don’t say all this to be a bummer. It’s great that we’re doing well with voter registration! Keep it coming! I’m just saying it’s not going to magically carry us to victory. There are a lot more pieces to the puzzle than that. Don’t get distracted by the shiny object.

State ordered to turn over voter purge data

Very good.

Still the only voter ID anyone should need

A federal judge ruled this week that the state is violating U.S. law by refusing to release its list of more than 11,000 registered voters that it identified as potential noncitizens, and ordered the release of the data within 14 days.

A coalition of civil rights groups sued the Secretary of State’s Office in February for withholding the data concerning a voter purge program targeting immigrants that was mandated by a new Republican-backed election law.

The new elections law, passed after a heated partisan battle last summer, requires that the office conduct regular sweeps of the voter rolls to verify citizenship status by cross-checking data provided by the Texas Department of Public of Safety.

The groups are concerned that thousands of immigrants could have their voter registrations canceled based on outdated or incorrect records, a potential repeat of a botched voter purge in 2019 that ended with a court settlement restricting who could be targeted in future purges.

The state had attempted to cancel registrations of almost 100,000 registered voters, but many were later found to be naturalized citizens or others who had been flagged in error. About 70,000 immigrants are naturalized in Texas each year on average and become eligible to vote.

Without the data on the purge initiated earlier this year, the groups say they can’t confirm that the state is complying with the 2019 settlement agreement. Within months of the new program’s launch, county officials warned the state that the lists included people who registered to vote at their naturalization ceremonies.

“We’ve kind of seen this movie before in 2019,” said Danielle Lang, senior director for voting rights at the Campaign Legal Center, which represented the civil rights groups. “Unfortunately, anecdotal evidence suggests the same thing is happening despite Texas’ claims that it’s following 2019 settlement agreement. We’re glad to finally be able to get access to the data, so the public can better understand what this process looks like and why eligible citizens are being caught up in the system.”

See here for the background. The Secretary of State has amply demonstrated that it cannot be trusted in matters like this. They need to be watched like a hawk, and that means they need to be completely transparent about every step they take. As with the other voter registration case we heard about this week (*), the Fifth Circuit is a threat, but maybe not as bog a threat in this one. The state could accept the ruling and provide the data – surely they want to show they have nothing to hide, right? – but I’m not that naive. We’ll see what they do next.

(*) As it happens, the judge for both of these cases is Lee Yeakel, a George W. Bush appointee. He has had himself a busy week.

Law against some new voter registration restrictions is struck down

Good, though one must always remember the threat of the Fifth Circuit.

Still the only voter ID anyone should need

A federal judge on Tuesday night blocked a Texas law passed in 2021 that put new restrictions on people trying to register to vote in the state.

The decision by U.S. District Court Judge Lee Yeakel was celebrated by one of the Latino groups that had sued the state and claimed the law was an attempt to disenfranchise Latino voters.

Senate Bill 1111 was passed during the 2021 Texas Legislative session. The bill, which passed the House and Senate on party-line votes, required people who register to vote using a P.O. box to provide proof of a home address to ensure that they vote only in eligible elections.

[…]

The law didn’t bar people from using P.O. boxes for voter registration, but required people registering to vote with a post office box to provide other proof, like a drivers license or utility bill, to show proof of address. The lawsuit called that requirement an unfair burden.

Part of the lawsuit challenged a section of the law that prohibited people from establishing residence “for the purpose of influencing the outcome of a certain election.” That language could lead to unintended consequences, the groups argued.

The groups, the Texas chapter of League of United Latin American Citizens and Voto Latino, also said they suffered direct harm from the law because they had to divert resources away from their missions to assist its members in overcoming new barriers to registration and voting.

In a summary judgement, Yeakel found that the groups had suffered “direct harms” to their finances and to their First Amendment rights under the law, and that the state used vague language in the law and that parts of the fail “any degree of constitutional scrutiny.”

The judge ruled that the law particularly burdened part-time and off-campus college students, who would be left unable to register both where they have moved and where they have moved from.

“The burden imposed is ‘severe,’ if not insurmountable,” Yeakel wrote. “Such an insurmountable burden is not easily overcome.”

The state was permanently enjoined from enforcing the parts of the election code created by S.B. 1111.

See here for the background. Democracy Docket, which was involved in the litigation, has a more detailed description of what was at issue and what the ruling says.

Specifically, the plaintiffs challenged three major provisions of S.B. 1111 that prohibited voters from registering to vote using a prior address after they moved, prevented voters from registering to vote where they did not live full time and created stricter ID requirements for those registering to vote using a P.O. box. Yesterday, the court prevented Texas officials from enforcing the first two provisions in full and the third P.O. box restriction in part (the court found that Texas cannot enforce the provision if it’s clear to registrars that voters do not permanently reside at the P.O. box address at which they register, but the state can otherwise enforce additional requirements for P.O. box registrations). This means voters will not be subject to the strict residency requirements in S.B. 1111 outside of proving their residence when registering using a P.O. box address.

In the order ruling in favor of the plaintiffs, the court illustrates S.B. 1111’s burden on college students who live on campus and want to register to vote: “The burden imposed [by SB 1111] is ‘severe,’ if not insurmountable. Such an insurmountable burden is not easily overcome. Certainly not by Texas’s stated interest in ensuring Texans only have one residence. Instead the law renders some Texans without any residence [to vote].” However, the court states that Texas’ interests “justify the PO Box Provision” in reference to voters claiming to live at PO box addresses: “Voter-registration fraud is at risk where voters improperly use a PO Box as their residence address; voters may have a PO Box from the United States Postal Service at many post-office locations in Texas, even if the voters’ home or business is elsewhere.” In cases where the voter is not claiming to live at the P.O. box address, the state has no interest in imposing this burden and cannot do so.

Given the shenanigans we see all the damn time with rich people registering at second houses or apartments of convenience (hello, Kubosh Brothers!) or warehouses for the purposes of running for a particular office, I have a hard time believing that Texas really has an interest in “ensuring Texans only have one residence”. Hell, even some people who lived and voted in other states have registered at Texas addresses for that purpose with no problems. The state of Texas, in its current political configuration, cares a lot about where some people say they live when they register to vote, and cares not at all about others. That in and of itself makes this law suspect. I approve of this ruling, but I am aware that the Fifth Circuit exists, and I would expect them to bat this aside as they do any time Ken Paxton comes calling. So don’t celebrate this one just yet. LULAC’s statement on the ruling is here.

A Skeet Jones update

NBC News does us the favor of an update on Skeet Jones, the (allegedly) cattle-rustlin’ County Judge of Loving County.

On a December day in 2021, Loving County Judge Skeet Jones, 71, climbed atop an oilfield tank surrounded by wide-open Texas desert dressed in a business suit and toting a pair of binoculars, hoping to spot an elusive black bull.

What Jones most likely didn’t realize from his steel perch as he scanned the horizon: He, too, was being watched as part of a cattle-rustling sting operation devised by special rangers with the Texas and Southwestern Cattle Raisers Association.

The backstory of what led to the arrests of Jones, a former sheriff’s deputy and two ranch hands in May is chronicled in a stack of warrants obtained by NBC News. The documents detail a yearlong investigation, replete with confidential informants and a sting operation involving a reddish-brown cow, her calf and the black yearling bull — all equipped by the special rangers with microchips.

The warrants allege that Jones and the ranch hands rounded up stray livestock in Loving and Pecos counties and sold them at auctions in Texas, Oklahoma and New Mexico without first notifying the Sheriff’s Office to find their rightful owners — a violation of a state law.

Jones, the scion of a prominent ranching family and the top elected official in this sparsely populated West Texas county for the past 15 years, is charged with three felony counts of livestock theft and one count of engaging in organized crime — potentially facing decades in prison if convicted. (Jones and the other defendants declined to comment. Jones’ lawyer did not return phone calls.)

But Jones’ supporters say he was set up. “There’s no question about that,” said Steve Simonsen, who is the Loving County attorney and married to a cousin of Jones’. “If you’re a special ranger and you’re really interested in stopping rustling, you don’t sneak out in the middle of the night and unload a bunch of cattle that you secretly microchipped,” Simonsen said.

Jeremy Fuchs, a spokesman for the Texas and Southwestern Cattle Raisers Association, a cadre of peace officers who specialize in agricultural crimes, said the organization stands by the arrests of the judge and the other defendants. Fuchs said the investigation is ongoing and could result in more charges.

Randy Reynolds, the district attorney in charge of prosecuting felony cases, did not return phone calls.

None of the defendants have been indicted by a grand jury, which is the next step in the legal process. Loving County, the least-populated county in the continental U.S., had 57 residents as of the latest U.S. Census Bureau estimate. Simonsen said the county hasn’t successfully empaneled a grand jury in about a year.

The latest attempt on July 7 to get enough qualified grand jurors failed for two reasons, he said. Under Texas law, grand jurors cannot be related by blood or marriage. And they are required to reside within the county, which has become a flashpoint since the Loving County justice of the peace in May sent four prospective jurors — including Jones’ son and a county commissioner — to jail on a contempt order for allegedly not living there.

“Who wants to show up for jury duty, which a lot of people don’t really want to do anyway, and get a free trip to the jail house?” Simonsen asked.

Jones and his family members — through blood or marriage — have a tight grip on the local government, serving as judge, clerk, county attorney and constable. This fall, Jones is running unopposed for re-election, but some of his allies, including his sister, are facing challengers for the first time in years, amid heated debate over how the county should be run.

See here and here for the background, and be sure to read the rest because as I said in that first post, the word “bonkers” is what keeps coming to mind about all this. Among the things I learned:

1. Skeet Jones’ father, who served as Loving County Sheriff for 28 years, was known as “Punk”. You keep on West Texasing, Loving County.

2. The penalty for killing a stray cow is the same in Texas as it is for stealing one – up to ten years in prison.

3. Nearly twice as many people are registered to vote in Loving County as live there. You should read that story, too.

4. The bit at the end about some other elected members of the Jones family facing challengers in the November election made me want to look at who’s running for what in this famously Republican county, but suffice it to say that the Loving County elections page is not up to the task; Google wasn’t any more help. It may be that some of the characters involved here are still listed as Democrats, in the ancestral way that nearly all of Texas was once Democratic, but with Loving voting 90% plus for Republicans in federal and state elections, that doesn’t mean much. Nonetheless, I’d really like to know more about this.

5. Yes, there were bait cows involved in this sting. Really, read the whole story.

I actually got a press release about this one – I guess someone at NBC News had noticed my previous blogging on the topic. If that’s the case, all I can say is keep up the good work, y’all. I cannot wait till the next chapter in this story.

The continued Republican threat to voting

They cannot be satisfied.

Not satisfied with the new voting restrictions put in place less than a year ago, the Texas Republican Party is plowing ahead with yet new measures that would reduce the number of early voting days and end the practice of allowing any senior to vote by mail without an excuse.

At the same time, party leaders are threatening GOP state lawmakers who control the Texas Legislature with increased sanctions if they don’t support the platform, including potentially spending tens of thousands of dollars directly to oppose them in future primaries.

“We made a good step the last time, but we are not there yet,” State Sen. Bob Hall, a Republican from Edgewood, said about last year’s election reforms packages that reduced early voting hours in places like Harris County and put new restrictions on mail-in voting.

The push to further restrict early voting and mail-in ballots is rooted in former President Donald Trump’s continued claim without evidence that the 2020 election was stolen from him largely because of mail-in balloting. At the same convention where the state GOP adopted the new legislative priorities, more than 8,000 delegates also approved a resolution rejecting the “certified results of the 2020 Presidential election” and declaring “that acting President Joseph Robinette Biden Jr. was not legitimately elected by the people of the United States.”

“Texas Republicans rightly have no faith in the 2020 election results and we don’t care how many times the elites tell us we have to,” said Republican Party of Texas Chairman Matt Rinaldi, who was elected the leader of the party with no opposition.

What’s more, the Republican Party of Texas membership voted overwhelmingly at its statewide convention in June to make more election reforms its No. 1 priority for the next legislative session that begins in January. That would include increasing penalties for those who violate election laws even inadvertently, reducing early voting days and restricting mail-in balloting to only the military, the disabled and people who will be out of the county during the entirety of early voting.

Texas has allowed voters 65 and older to vote absentee without needing an excuse since 1975. If the GOP succeeds, that would end. More than 1 million Texans used vote-by-mail during the 2020 presidential election and more than 850,000 of those ballots came from people 65 and older, according to the Texas Division of Elections.

“There’s no reason, just because you’ve turned 65, that you can’t show up to vote,” Hall said in promoting the changes during the June GOP Convention in Houston.

[…]

Texas was a pioneer of in-person early voting. It created a 20-day window of early voting in the late 1980s and expanded it dramatically in the early 1990s to include more locations like shopping malls and grocery stores. Currently, Texas has two weeks of early voting before elections, though in 2020 Gov. Greg Abbott expanded early voting for an additional week to allow more people concerned about COVID-19 to vote before Election Day.

If the state cut early voting to just one week, as Hall has proposed, it would affect up to 6.5 million Texans — that’s how many voted in the first two weeks in 2020.

Look, there’s no point in deploying things like “logic” to point out that they seem to have no problems with the elections that they won, or that doing this would hurt their voters, too. It doesn’t need to make sense. It also doesn’t matter whether the “regular” Republicans support this madness or not. Once it has a foothold, the momentum only goes in one direction. Either we win enough power to hold them off, or we are left with nothing but the hope that the likes of Bryan Hughes is unwilling to go that far.

Also of interest:

The Harris County Attorney’s office on Thursday said it is looking into allegations a grass-roots group knocked on doors in Sunnyside and attempted to get residents to sign affidavits verifying the identities of registered voters living at their addresses.

The county attorney’s probe is based on a complaint from at least one Sunnyside resident who said two men came to her home and asked questions they said were to confirm the identities of registered voters who live at that address. The men gave her an official-looking affidavit form and asked her to sign it attesting to the residents at the address “under penalty of perjury.”

“We are investigating this issue and exploring legal options to protect residents and prevent this from happening again,” the County Attorney’s office said in a statement, adding it is working closely with the Harris County Elections Administrator’s office to fully understand what happened.

In a Wednesday evening news release, the elections office warned residents against “scammers” it said pretended to be from the county elections and voter registration offices and attempted to collect sensitive personal information from voters.

The County Attorney’s office, however, said it had no information that anyone had attempted to misrepresent themselves as public employees, which would be illegal.

The two men, according to doorbell camera video footage recorded by a Sunnyside resident, wore badges identifying themselves as members of Texas Election Network, a conservative grass-roots organization formed in 2021.

[…]

In video footage recorded Sunday and reviewed by the Houston Chronicle Thursday, a man carrying the clipboard explains to the resident: “What they told us to do is get a yes or no to confirm whether everybody is here. If not, we’ll take the ones off that are not, and then they update their records.”

The Texas Election Network website — which has minimal information about the organization and does not disclose its leadership — lists five objectives, including clean voter rolls and fraud-free absentee ballots.

In its release, the county elections office said it does request the information being asked on the form used by men and added that voters are not required to sign them.

“In the event that the Harris County Elections Office ever needs to contact you directly, our staff will have county ID badges to prove their identity, and/or paperwork with the logo or official seal of the office included,” the release states.

James Slattery, senior staff attorney with the Texas Civil Rights Project, said for the average voter, the organization’s name, badge and paperwork could convey a sense of an official visit by the government without explicitly doing so.

“I’m sure they’ll say they’re just a bland nonprofit, but to a voter who does not have a law degree, who does not have a background in law enforcement, you are a lot more likely to believe that this is some kind of quasi-official visit,” Slattery said.

“This is one of the precise situations I have been most worried about this election — people in shadowy volunteer groups who suggest in one way or another that they are acting under official authority questioning the eligibility of voters directly by knocking on their doors,” Slattery said.

I’m sure this group is totally on the up-and-up and will spend an equivalent amount of time canvassing in Baytown and Kingwood and the Villages.

Have van, will travel to register voters

Nice.

Elizabeth Conley, Houston Chronicle

Tayhlor Coleman keeps a framed Texas voter roll from 1867 in the van she calls home to remind her why she chose to live there in the first place. Names from her family tree appear here and there throughout the document — proof that when Black people in Texas were still fighting for their legal right to vote, the Coleman family took that fight seriously.

One-hundred-and-fifty-five years later, that right may be written into law, but barriers to voting in Texas remain. Long lines and sparse polling sites already made it difficult for poor people to vote, and recent legislative restrictions to mail-in ballots and ID requirements have only made voting harder.

Coleman, 33, set out in December on a nearly yearlong journey to tackle those obstacles firsthand. The Houston native will live out of her van — lovingly named “Barb” after Barbara Jordan, the first Black congresswoman from Texas — until November. She will spend that time driving to every corner of the state and registering as many voters as she can.

“What we’re going through right now reflects some very tense moments in our country’s past, and voting rights for me is how I knew I would be able to make sure that people who looked like me would continue to have a say,” Coleman said during a stop this month at Houston’s MacGregor Park.

“There are people who want to make voting rights a partisan issue, but increasing access to the ballot does not benefit one party or the other,” she said.

Coleman’s #vanlife adventures began like so many other endeavors at the beginning of the pandemic. The idea was sparked when she started tracking “cool teenagers” who posted their hobbies on the internet.

She had just moved back from Washington, D.C., where she worked for years on the Democratic Congressional Campaign Committee. So she found herself wiling away hours scrolling through Instagram in her parents’ Third Ward home, and quickly fell into a rabbit hole of influencers living out of large, refurbished vans.

Coleman bought a 2021 Ram ProMaster a few months into the pandemic and set to work making it livable.

The idea to use the van to advance voting rights came later, as Texas Republicans drew closer to passing a bill which they said would strengthen election integrity. Opponents argued it would make voting more difficult for marginalized people.

Coleman’s career in politics made living out of the van a relatively easy adjustment.

“In my job, I’m used to traveling to visit my candidates and being on the road, so van life seemed perfect,” said Coleman, who also works remotely from the van as a Democratic strategist at a private media company.

I met Tayhlor a few years ago when she was working for a City Council candidate. I follow her on Instagram, and saw the evolution of her van over the months. She’s doing great work and I wish her all the best on her journeys. Go read the rest of the story.

Yes, most people will generally support the idea of decent election reforms

But that doesn’t mean they’ll vote for politicians who support them, and that right there makes all the difference. From the UH Hobby School, here’s part four of their January 2022 public opinion fest, which began with their election poll. Scroll down on their page to get to Part Four.

The final report in this series examines support for and opposition to 18 different voting and election related reforms contained in the federal Freedom to Vote Act. There exists a strong consensus among Texans in support of numerous reforms, with majority support by both Democrats and Republicans in many cases.

Highlights

  • Anti-fraud reforms are supported by more than four out of every five Texans, with 87% supporting a reform that would require states to conduct transparent post-election audits that adhere to clearly defined rules and procedures, 85% supporting a reform that would require all electronic voting machines to provide voter-verified paper records, and 80% creating a national standard for voter photo identification for those states that require voters to provide a photo ID when voting in person. More than three out of four Texas Republicans and Democrats support these three anti-fraud reforms.
  • Campaign finance reforms are backed by more than four out of every five Texans, with 88% supporting a reform that would tighten campaign finance rules to keep Super PACs from coordinating their federal campaign activities with candidates and 84% supporting a reform that would require any entity (such as a dark money PAC) that spends more than $10,000 in a federal election to disclose the names of its major donors. More than three out of four Texas Democrats and Republicans support these three campaign finance reforms.
  • More than four out of five (84%) Texans support a reform that would ban partisan gerrymandering for congressional elections and require congressional districts to be drawn using clear and neutral standards. Support for this ban ranges from a high of 93% among Texas Democrats to a low of 76% of Republicans.
  • More than two-thirds of Texans favor two reforms related to Election Day. More than three-quarters (76%) support a reform that would require the state to insure that wait times for in-person voting do not exceed 30 minutes while 71% support making Election Day a public holiday. These reforms are supported by nine out of ten Democrats (89%, 90%, respectively) and by a majority of Republicans (55%, 63%, respectively).
  • Texans are very supportive of early voting reforms (which are all already in force in the case of Texas election law). More than four out of five Texans support requiring a state’s early voting period to begin at least two weeks before election day (84%), requiring at least 10 hours early voting each weekday (82%) and requiring early voting to be held on weekends for at least eight hours a day (81%). More than two-thirds (72%) of all Texas voters support requiring states to provide at least 10 hours of early voting each weekday during the early voting period, with more than nine out of 10 Democrats supporting these reforms, as do more than two out of three Republicans.
  • Only one-half (50%) of Texans support (and 50% oppose) no-excuse mail voting under which all voters are eligible to vote by mail without having to provide a reason. While this reform enjoys very strong support among Texas Democrats (87%), fewer than one in five (17%) Texas Republicans support it. Three out of four (76%) Black Texans support this reform compared to 59% of Latino and 38% of white Texans.
  • Texans are sharply divided on a reform that would allow former felons to vote immediately upon their release from prison, which 55% of Texans support and 45% oppose. While this reform enjoys strong support among 80% of Texas Democrats, only 29% of Texas Republicans support it.
  • Texans are also relatively evenly split on a reform that would allow voters to register to vote at the polling location where they cast their ballot (same day voter registration), with 58% supporting this reform and 42% opposing it. While 86% of Democrats support this reform, that position is shared by only 32% of Republicans.

As noted, the full report is here. One thing they cover in that report but don’t mention in the summary is online voter registration, which drew 70% support overall. They also didn’t ask about some of the things that the Republicans recently outlawed, like 24-hour early voting, drive-through voting, and drop-off boxes for mail ballots. One can only ask so many questions, I understand.

As you might expect, and as they discuss in the full report, there are some pretty significant partisan splits on many of these questions. Same-day voter registration gets 86% support among Dems but only 32% among Republicans, while universal no-excuse mail voting garners 87% among Dems and a miniscule 17% among Rs. Independents go 52% for same day registration but only 36% for no excuse mail voting. Online voter registration does get majority support across the board, though – 90% Dems, 52% GOP, 62% indies – and some other things are universally popular, though many of them are for the early voting things we already do. As we’ve discussed many times before, this is why things that appear broadly liked on the surface can’t and won’t get implemented, at least not under our current regime.

That doesn’t mean these things aren’t worth advocating for. They might attract enough of those independents to make a difference, and there’s always the chance of peeling off a Republican or two. And if Dems do wind up getting elected statewide, they’ll just be fulfilling promises by moving forward on these things. It’s just a matter of keeping things in perspective, and understanding why having majority support doesn’t quite mean what you think it means.

Voting Rights Groups Sue Texas for Failure to Disclose Records Related to Voter Purges

From the inbox:

Still the only voter ID anyone should need

The Campaign Legal Center (CLC), the American Civil Liberties Union Foundation of Texas, the Mexican American Legal Defense and Educational Fund (MALDEF), Lawyers’ Committee for Civil Rights Under Law and DĒMOS filed a lawsuit asking the U.S. District Court for the Western District of Texas to order Texas’ Secretary of State to produce records responsive to their previous requests seeking information about a state program that threatens to remove naturalized citizens from the voter rolls.

On August 20, 2021, the Office of the Attorney General of Texas sent a letter today stating that Secretary John Scott’s office had initiated a process to identify alleged non-U.S. citizens on the voter rolls and send the identified registrants’ information to county election administrators to either verify their citizenship status or cancel their voter registration. Scott’s office has identified thousands of registrants for potential removal under this program. Soon after the program was initiated, local registrars quickly identified many of these individuals as naturalized citizens whose registration should not be in doubt. Recent reporting suggests that the Secretary’s program sweeps too broadly and endangers the registrations of thousands of eligible citizens.

In August and October 2021, CLC, ACLU of Texas, MALDEF, Lawyers’ Committee and DĒMOS submitted records requests to Secretary Scott for records related to the new voter purge program and the data the Secretary of State relied on to determine each voter’s citizenship status. Under the National Voter Registration Act, the Secretary of State is required to keep this data and disclose it upon request. However, Texas has so far failed to produce any records.

“The right to vote is what makes this country a free one and naturalized citizens in Texas, and every U.S. state, should not have to worry about being purged from the voting rolls. We all deserve the chance to cast our ballots freely, safely and equally,” said Paul Smith, senior vice president at Campaign Legal Center. “Sadly, it is clear that the court now needs to step in and protect that freedom by compelling the state to produce the records for this program—thereby making our elections safe, accessible and transparent.”

“Texas can’t shirk its obligations under federal law to release information about its new voter purge program,” said Ashley Harris, attorney at the ACLU of Texas. “The public deserves to know why Texas continues to falsely flag U.S. citizens for removal from the voter rolls.”

“The Secretary of State’s voter purge program once again surgically targets naturalized U.S. citizens for investigation and removal from the voter rolls,” stated Nina Perales, MALDEF Vice President of Litigation. “Naturalized U.S. citizens have the same right to vote as all other citizens, and this new lawsuit seeks to ensure that Texas treats its voters fairly.”

“It seems that Texas is incapable – or worse, unwilling – to learn from the past. Racial and ethnic discrimination in voting has been a sad part of Texas’s history continuing in the present. And discriminating against naturalized citizens falls into this unfortunate pattern,” commented Ezra Rosenberg, co-director of the Voting Rights Project for the Lawyers’ Committee for Civil Rights Under Law. “We need to shed light on precisely how Texas is identifying voters it wants to purge from the rolls in order to ensure that the precious right to vote is not snatched from eligible voters, whose only ‘crime’ is that they are naturalized and not native-born citizens.”

“This effort to block Black and brown Texans’ access to the ballot is part of a larger, nationwide effort to dismantle the fundamentals of our democracy. Naturalized citizens who are registered to vote have every right to have their voices heard in every election,” said Brenda Wright, Senior Advisor for Legal Strategies at Demos. “The state owes the people of Texas transparency regarding its voter purge practices to ensure fairness and confidence in the democratic process.”

In 2019, CLC, ACLU Texas, MALDEF, Lawyers’ Committee, and DĒMOS all represented clients suing Texas’ former Secretary of State for inaccurately flagging tens of thousands of naturalized U.S. citizen registered voters as non-U.S. citizens. After a district court found the program likely unlawful, Texas entered into a settlement agreement to reform its flawed voter purge program. But the reintroduction of this program has been riddled with reported errors. While the state claims to be applying the procedures outlined in that settlement agreement, Secretary Scott’s refusal to turn over basic information has made this difficult to verify.

Early indicators show that the state may not be following the procedure outlined, leading voters to be inaccurately flagged as non-U.S. citizens. According to public statements from the Texas Secretary of State’s office, 2,327 of the over 11,000 registered voters flagged as being potential non-U.S. citizens have had their voter registrations canceled. Yet, the state has only confirmed that 278—approximately 2%—of the voters flagged are non-U.S. citizens.

The court must ensure that the state produces lists of every registered voter identified under its new voter deletion program as a potential non-U.S. citizen and the data the Secretary of State relied on to flag individuals as potential non-U.S. citizens. This will enable good government and civil rights groups to continue to protect Texans’ freedom to vote, ensure that their voices are heard and guarantee that the state’s elections are safe and accessible for all.

A copy of the complaint is available here: https://www.aclutx.org/sites/default/files/tx_nvra_complaint_.pdf

See here and here for the most recent chapters in this long story. Raise your hand if you’re even a little bit surprised that the state of Texas has been less than forthcoming with its data. It’s annoying as hell that all this work needs to be done for this very basic function of our government, and I’m grateful to the groups that are doing it. The Dallas Observer has more.

The story of the paper shortage and the voter registration forms, in two tweets

One:

And two:

There was a Chron story about this, but you get the idea. Guess that ol’ supply chain went and got itself unclogged. Funny how these things work. Or maybe SOS John Scott figured out that there’s a whole government department dedicated to printing services, and that perhaps he ought to check with them before declaring that they have no paper. Whatever the case, I think we can put a bow on this one for now. If only we could say the same for the other problem we’re now facing. Take your wins where you can.

Sure, let’s blame the supply chain for voter registration problems

I have a simple solution for this, if anyone wants to hear it.

Still the only voter ID anyone should need

The Texas Secretary of State’s office is having more trouble than usual getting enough voter registration cards to groups who help Texans register to vote.

Sam Taylor, assistant secretary of state for communications, said supply chain issues have made it harder and more expensive to get paper, which means the Secretary of State’s office will be giving out fewer voter registration forms to groups ahead of elections this year.

“We are limited in what we can supply this year, because of the paper shortage and the cost constraints due to the price of paper and the supply of paper,” he said.

Grace Chimene, the president of the League of Women Voters of Texas, said it is not unusual for the Secretary of State to not have enough forms to fill all the requests it gets from groups like hers ahead of elections. This particular shortage, however, is affecting an important part of her group’s work: registering thousands of newly naturalized citizens.

Chimene said in previous years, her group, which has chapters across the state, has been able to get enough forms to pass out at naturalization ceremonies. Often, she said, the group partners with the state to give out several thousand forms at each ceremony.

“The League in Houston registers about 30,000 new citizens every year through these ceremonies in the past,” Chimene said.

[…]

Taylor said the Secretary of State’s office has been forced to limit each group to 1,000 to 2,000 registration forms per request. He said this shortage is coming at a time when many groups are seeking out new voter registration forms because of a change in Texas’ voter registration laws created under Senate Bill 1, a controversial voting law that went into effect last month.

“The voter registration application changed this year for one reason: It’s because the legislature decided to increase the penalty for illegal voter registration from a class B misdemeanor to a class A misdemeanor,” he said.

Previously, Taylor said that change had to be reflected on registration applications in order for them to be approved. But, after this story was published Tuesday, he clarified that’s not necessarily the case.

“While we have made clear to officials and groups that they should not be distributing the old version of the Voter Registration form, county voter registrars may accept completed voter registration applications on the old form, so long as the application is otherwise valid,” Taylor said in a statement Tuesday. “In other words, using last year’s form in and of itself is not fatal to the voter’s registration application.”

Chimene said all these constraints present serious issues for her group as they try to get voter registration materials together ahead of these large naturalization ceremonies.

“We are treating all organizations that request these the same,” Taylor said. “We are trying to fulfill these requests as fast we can. But the fact is we simply don’t have the supply to honor every single request for free applications.”

According to Chimene, this is one of the pitfalls of Texas being among the few states in the country that does not have online voter registration. Supply chain issues are not as big of a problem when you can just direct someone to a website.

I mean, give me a break. First, as noted before, there is no reason to trust John Scott. Do not take him at his word. News folks, you need to push him a lot harder on this.

Second, I know we’re only allowed to do online voter registration in certain limited circumstances, and we’re not going to get a special session to get the Lege to authorize further uses of it. You can, however, fill out the form on the SOS website, which you then have to print and sign and mail in, because that’s how we roll here. What it appears that you can’t do is just download and print the form itself, on your own paper, for use at things like voter registration drives. The LWV could bring iPads or laptops to those naturalization events and have the new citizens do the form-filling online, but then each one would have to be printed as they go. Not very conducive to such efforts. We are absolutely committed to doing this in the least convenient and most stupid way possible.

Oh, and we also have the absentee ballot rejection issue, and a lack of training materials, and other issues. Not all of this is the SOS’s fault, but it is their job. And either they failed to communicate to the Republicans in the Lege and Greg Abbott just how much they were about to screw things up, or (more likely) failed to get them to listen and care. And here we are.

So sure, blame the supply chain. Anything to distract from the real problem.

Fraudit fizzling

Who could have ever predicted this would be a big ol’ nothingburger?

The Texas secretary of state’s office has released the first batch of results from its review into the 2020 general election, finding few issues despite repeated, unsubstantiated claims by GOP leaders casting doubts on the integrity of the electoral system.

The first phase of the review, released New Year’s Eve, highlighted election data from four counties — Harris, Dallas, Tarrant and Collin — that showed few discrepancies between electronic and hand counts of ballots in a sample of voting precincts. Those partial manual counts made up a significant portion of the results produced by the secretary of state, which largely focused on routine voter roll maintenance and post-election processes that were already in place before the state launched what it has labeled as a “full forensic audit.”

On Friday, Samuel Taylor, a spokesperson with the secretary of state’s office, said the review was needed “to provide clarity on what issues need to be resolved for the next elections.”

But Remi Garza, president of the Texas Association of Election Administrators, said there wasn’t anything in the review’s first set of results that raised any alarms for him.

“There doesn’t seem to be anything too far out of the ordinary with respect to the information that’s provided,” said Garza, who serves as the election administrator in Cameron County. “… I hope nobody draws any strong conclusions one way or the other with respect to the information that’s been provided. I think it’s just very straightforward, very factual and will ultimately play a part in the final conclusions that are drawn once the second phase is completed.”

According to the state’s review of the counties’ partial manual counts, which they are already required to conduct under state law, there were few differences between electronic and manual ballot tallies — and counties were able to justify those inconsistencies.

See here for the previous update. Boy, nothing says “we want people to see this news” like putting out a press release on the Friday afternoon of a holiday weekend. In each case cited here, there was a literal handful of vote count differences, and the reason each of the tiny discrepancies was already known. And this is in four counties that totaled over four million ballots cast in 2020. It’s hard to imagine a cleaner or clearer result.

The state’s progress report for phase one of its audit also included data related to regular maintenance of the state’s massive list of registered voters — it surpassed 16.9 million in November 2020 — that goes beyond its four-county review. But some of the figures highlighted by the state either appear to be faulty or remain unverified.

For example, the secretary of state’s office noted it had sent counties a list of 11,737 records of registered voters it deemed “possible non-U.S. citizens.” But the Tribune previously reported that scores of citizens, including many who registered to vote at their naturalization ceremonies, were marked for review.

Although it has yet to finish investigating the records, the state also included an unverified figure of 509 voter records — about 0.0045% of the 11.3 million votes cast in November 2020 — in which a voter may have cast a vote in Texas and another state or jurisdiction. The state said the work of reviewing those records to eliminate those that were “erroneously matched” because of data issues wouldn’t be completed until January.

The state also highlighted the investigation of 67 votes — about 0.0006% of the votes cast in the 2020 general election — cast by “potentially deceased voters.” This review also has not been completed.

In its report, the secretary of state emphasized that the removal of ineligible or deceased voters from the voter rolls “in and of itself does not indicate that any illegal votes were cast.”

What they almost always find in the latter case is that the voter died after their vote had been cast. In a state with millions of people, that sort of thing happens. I would expect that in most of the former cases, closer inspection shows that the votes in question were actually cast by different people. Accurate name-matching is a tricky business. As for the “non-citizen voter purges” the state regularly tries and fails to do with any accuracy, well, just keep that in mind whenever the state of Texas or any of its officials make claims about voting irregularities. The motivation to find bad things blinds them to such a degree that any bad things they find are inherently tainted by the nature of their search. Only by removing that motivation, and thus enforcing a careful and deliberate process, can any claims be considered credible.

How’s that online voter registration thing going?

Pretty well, it seems. So well, perhaps, that the state of Texas doesn’t want to tell you how well.

Still the only voter ID anyone should need

Since a federal judge forced Texas nearly a year and a half ago to offer limited online voter registration, 1.5 million Texans have used the option, according to new state data.

The August 2020 ruling, which found Texas in violation of the National Voter Registration Act, required state officials to give residents the opportunity to register when they renew their driver’s license online. The system was in place a month later.

Advocates say the new data speaks to the success of online registration — and is evidence that Texas, one of just a few states that does not offer an online option for every registrant, should implement the program statewide. Republican leaders in state government have resisted such change, instead pursuing new voting restrictions in the name of election security.

“The very best thing you can do is have systems where the government is seamlessly integrating voter registration into other processes,” said Mimi Marziani, the president of the Texas Civil Rights Project, which represented the plaintiffs in the case that spurred the creation of the online system.

[…]

“Getting registered to vote is not something that many people necessarily remember,” said Joshua Blank, the research director of the Texas Politics Project. “And in the process of moving, it’s very likely that this would not be on the top of their list of things to address, like changing their electricity, gas providers and forwarding all their mail.”

Without more granular data on first-time voter registrations filed online, it’s difficult to determine whether the option has had a significant impact on Texas’ overall registration numbers, Blank added. More than 17 million people are registered to vote in Texas.

Still, it’s doubtful that GOP leaders would embrace an expansion of online registration in Texas, which has some of the nation’s strictest voting laws. Republicans have long declined to allow any online voter registration, saying it would lead to an increase in election fraud — even as 63 percent of Texas voters would support such a system, according to an October 2020 poll by the Texas Politics Project.

The availability of online registration “flies in the face” of Texas’ current approach to voting policies, Blank said. The GOP-led Legislature spent months earlier this year campaigning for a sweeping elections bill that, in part, restricted voting hours in some parts of the state, prohibited drive-thru and overnight voting, and introduced new ID requirements for mail-in ballot applications.

“Texas has been at the forefront recently of enacting strict voting laws, and, in truth, has been at the forefront of enacting strict voting laws for much of the last decade,” Blank said. “Even in an area like this, where I think a majority of voters … say that we should expand online voter registration, it’s unlikely that you’d see something like this move in Texas.”

But advocates say they’ll continue to push for a extensive online registration system — and, if possible, automatic voter registration. Both changes would not only facilitate access to the ballot box, but also address longstanding racial inequities in Texas’ voter rolls, said Marziani of the Texas Civil Rights Project.

See here and here for some background. As the story notes, the state would not break down the data by new voters versus existing voters who are updating their address. My guess is that it’s overwhelmingly the latter, but that’s also a big deal because it keeps those folks from getting caught in the various voter purges that the state and some counties engage in. There is of course no justification for not allowing people to handle voter registration matters online – any legal security measure can be done just as readily – it’s just that the Republicans who are in control don’t want it. Here, for once, they had no choice. Now imagine what it would be like if we had a more robust federal voting rights law to force them on some other matters.

From the “Keeping track of all these lawsuits is hard” department

Spotted on Democracy Docket:

Still the only voter ID anyone should need

Today, a judge for the U.S. District Court for the Western District of Texas denied a motion to dismiss Vote.org v. Callanen. The case, filed earlier this summer, challenges Texas’ “wet signature” law that requires individuals who submit their registration applications electronically or through fax to also provide a copy of their application with their signature — meaning signed with pen on paper. The complaint argues that this law unduly burdens the right to vote and targets voting advocacy groups such as Vote.org in violation of the First and 14th Amendments and the Civil Rights Act of 1964 and asks the court to prohibit its enforcement. The court already rejected one attempt to dismiss the case earlier this fall.

The court also rejected a motion to dismiss the case filed by Texas Attorney General Ken Paxton (R) that was joined by two county elections administrators. The motion claimed that Vote.org did not have standing to bring this case and that its complaint was insufficient. The court held that Vote.org had sufficiently shown that the wet signature law would cause harm to the organization’s efforts to register voters and the court may be able to provide the requested relief. The court also rejected the defendants’ arguments that there was no private right of action to sue and the plaintiffs’ claim fails because they did not allege any racial discrimination, finding that neither argument was supported by precedent. The case will move forward and all claims will be litigated to determine if the wet signature law is constitutional and in line with federal law.

My first reaction when I see something like this is to search through my archives for any past blog posts about it. Usually there is something, even in cases where I don’t immediately recognize the issue. I know I’ve heard of this lawsuit before, and sure enough I land on this post, about a federal lawsuit filed in San Antonio by a group including Vote.org over the state of Texas’ rejection of voter registration applications that did not include an “original signature” but instead an electronic one. But that lawsuit was filed in January of 2020, and this one was filed earlier this summer, in response to a bill passed during the regular session. I can’t find any further posts about the January 2020 lawsuit, and I seem to not have blogged about the one from this July. Oops.

My best guess here is that the initial lawsuit was dismissed for some reason – I can’t find any reference to it on the Democracy Docket webpage – and the July one was filed partly in response to the reasons the original one was tossed. I note that the first lawsuit had several other plaintiffs (the DCCC, the DSCC, and the TDP), while this one just has Vote.org associated with it. Or maybe it was withdrawn for some reason, with the same logic behind Lawsuit #2. If somehow that first lawsuit were still in existence, I would assume that it has been or will be combined with this one. Since I don’t see that on the lawsuit webpage (where you can see the original complaint plus two followup documents), I go back to my first assumption, that the 2020 lawsuit is no more. If someone reading this knows how to search for these things in the federal court system, please let me know if I’m mistaken in that.

Anyway. The point here is that allowing electronic signatures, which are common in all kinds of other legal transactions, would make it a lot easier to do voter registration. Which, of course, the state of Texas does not want. Note that the bill in question was a large one that did a lot of things – the initial text is all about recounts, and at first I thought this must have been the wrong legislation – but the “original signature” provision is in there later on. It was passed with bipartisan support, and I will just have to ask someone about it, because there must have been some good things in there for that to have happened. Be that as it may, we’ll see where this lawsuit goes.

The botched “non-citizen” voter purge continues

At some point we need to recognize the fact that our Secretary of State’s office is completely, and maybe maliciously, inept at doing this.

Still the only voter ID anyone should need

Texas’ last attempt to scour its voting rolls for noncitizens two years ago quickly devolved into a calamity.

The state flagged nearly 100,000 voters for citizenship checks and set them up for possible criminal investigation based on flawed data that didn’t account for immigrants who gained citizenship. After it became clear it was jeopardizing legitimate voter registrations, it was pulled into three federal lawsuits challenging its process. Former Secretary of State David Whitley lost his job amid the fallout. And the court battle ultimately forced the state to abandon the effort and rethink its approach to ensure naturalized citizens weren’t targeted.

This fall, the state began rolling out a new, scaled-down approach. But again, the county officials responsible for carrying it out are encountering what appear to be faults in the system.

Scores of citizens are still being marked for review — and possible removal from the rolls. Registrars in some of the state’s largest counties have found that a sizable number of voters labeled possible noncitizens actually filled out their voter registration cards at their naturalization ceremonies. In at least a few cases, the state flagged voters who were born in the U.S.

The secretary of state’s office says it is following the settlement agreement it entered in 2019 — an arrangement that limited its screening of voters to those who registered to vote and later indicated to the Texas Department of Public Safety that they are not citizens. Flagged voters can provide documentation of their citizenship in order to keep their registrations, officials have pointed out.

But the issues tied to the new effort are significant enough that they’ve renewed worries among the civil rights groups that forced the state to change its practices. They are questioning Texas’ compliance with the legal settlement that halted the last review. And for some attorneys, the persisting problems underscore their concerns that the state is needlessly putting the registrations of eligible voters at risk.

“We’re trying to get a grasp of the scale, but obviously there’s still a problem, which I think we always said would be the case,” said Joaquin Gonzalez, an attorney with the Texas Civil Rights Project, which was involved in the 2019 litigation. “It’s definitely something we were concerned would happen if they tried to restart this process.”

[…]

Texas’ voter citizenship review has persisted through the tenure of multiple secretaries of state and has been backed by state Republican leaders who have touted the broader review effort as a way to ensure the integrity of the voter rolls, though there is no evidence that large numbers of noncitizens are registered to vote.

The current iteration was formally initiated in early September before the appointment of the state’s new secretary of state, John Scott, who helped former President Donald Trump challenge the 2020 presidential election results in Pennsylvania.

That’s when the state sent counties 11,737 records of registered voters who were deemed “possible non-U.S. citizens.” It was a much smaller list than the one it produced in 2019, when it did not account for people who became naturalized citizens in between renewing driver’s licenses or ID cards they initially obtained as noncitizens.

But when Bexar County received its list of 641 flagged voters, county workers quickly determined that 109 of them — 17% of the total — had actually registered at naturalization ceremonies. The county is able to track the origin of those applications because of an internal labeling system it made up years ago when staff began attending the ceremonies, said Jacque Callanen, the county’s administrator.

Election officials in Travis County said they were similarly able to identify that applications for 60 voters on the county’s list of 408 flagged voters — roughly 15% of the total — had been filled out at naturalization ceremonies.

The American Civil Liberties Union of Texas, another group that sued the state in 2019, is still assessing the extent to which the state’s new attempt to review the rolls may be defective. But those figures alone should give everyone pause, ACLU staff attorney Thomas Buser-Clancy said after The Texas Tribune provided him those tallies.

“What we do know is that every time the secretary of state tries to do something like this it fails and that these efforts, which inevitably ensnare eligible voters, should not be happening,” Buser-Clancy said.

In an advisory announcing the revised process, the secretary of state’s office told counties that they should first attempt to “investigate” a voter’s eligibility. If they are unable to verify citizenship, the county must then send out “notices of examination” that start a 30-day clock for the voter to submit proof of citizenship to retain their registration. Voters who don’t respond with proof within 30 days are removed from the rolls — though they can be reinstated if they later prove their citizenship, including at a polling place.

Beyond the figures from Bexar and Travis counties, local election officials in other counties, including Cameron and Williamson, confirmed they’ve heard back from flagged voters who are naturalized citizens. After mailing 2,796 notices, officials in Harris County said 167 voters had provided them with documentation proving their citizenship. In Fort Bend, officials received proof of citizenship from at least 87 voters on their list of 515 “possible noncitizens.” Last week, Texas Monthly reported on two cases of citizens in Cameron County who were flagged as possible noncitizens.

See here, here, and here for not nearly enough background on this. The simple fact is that if the SOS process is generating such high error rates, especially for things that should be easily checked and thus avoided, the process itself is clearly and fatally flawed. Some of this is because, as anyone who works with databases can tell you, data is hard and messy and it’s easy to make mistakes when trying to figure out if two different text values are actually the same thing. And some of it is clearly because the SOS and the Republicans pushing this don’t care at all if there’s some collateral damage. That’s a feature and not a bug to them. If it’s not time to go back to the courts and get another stick to whack them with, it will be soon. Reform Austin has more.

We continue to register more voters

Seventeen million and counting.

Still the only voter ID anyone should need

Texas has surpassed 17 million registered voters for the first time, continuing a pace that is reshaping the state’s electorate so rapidly that even the politicians cannot keep up.

Despite a series of new election regulations from the Republican-led Legislature and more purges of inactive voters from the rolls, the state has added nearly 2 million voters in the last four years and more than 3.5 million since eight years ago, when Gov. Greg Abbott won his first term.

The result is at least 1 of every 5 voters in Texas never cast a ballot in the Lone Star State prior to 2014 — a remarkable wild card in a state that had stable politics and a slow stream of new voters for a generation before that.

“You have a largely new electorate that is unfamiliar with the trends and the personalities in the area,” said Brandon Rottinghaus, a University of Houston political science professor. “That rapid turnover leads to a lot of uncertainty for candidates.”

Texas was just short of 17 million people eligible to vote in the constitutional amendment elections Nov. 2. Harris and Dallas counties combined to add nearly 12,000 more voters as Election Day approached, putting the state over the threshold.

It’s all setting up for a 2022 election cycle that is more competitive, more expensive and more uncertain than statewide candidates are used to seeing in Texas.

Just a reminder, these are the voter registration figures for Harris County since 2014:

2014 = 2,044,361
2016 = 2,182,980
2018 = 2,307,654
2020 = 2,431,457
2021 = 2,482,914

That’s 438K new voters in the county over those seven years. I’ve gone over these numbers before, but 2014 was the first two-year cycle in the 2000s that saw a real increase in the voter rolls. It makes a difference having a government in place that wants to increase voter participation. (And yes, as I have said multiple times before, I credit Mike Sullivan, in whose tenure these numbers started to increase, for his role in getting that started.)

But there’s a group that deserves a lot of credit, too.

Texas is unique in how it runs voter registration, barring non-Texas residents from volunteering to help people through the process. Even Texans can’t help fellow Texans register without first jumping through a series of hurdles or facing potential criminal charges.

Anyone in Texas who wants to help voters register must be trained and deputized by county election officials. But going through the one-hour course in Harris County allows volunteer registrars to sign up voters only in that county. To register voters in a neighboring county, they have to request to be deputized there as well and take that training course, too.

To be able to sign up any voter in the state, a volunteer registrar would need to be deputized in all 254 Texas counties — and those temporary certifications last only two years.

Consequently, voter registrations in Texas grew at a glacial pace before 2014. From 2000 to 2014, the state added just 1 million registered voters — about the number of voters Texas now adds every two years.

Those boots on the ground that [Michael] Adams, the Texas Southern University professor, mentioned began to arrive in 2014, when a group of campaign strategists from President Barack Obama’s re-election campaign launched an effort they called Battleground Texas to build an army of volunteer registrars.

“What we’re going to do is bring the fight to Texas and make it a battleground state so that anybody who wants to be our commander in chief, they have to fight for Texas,” the group’s co-founder, Jeremy Bird, said in a national interview with talk show host Stephen Colbert in 2013.

While pundits scoffed — especially after Abbott beat Democrat Wendy Davis by 20 percentage points in the 2014 gubernatorial election — Battleground Texas says it has identified and helped train 9,000 voter registrars across Texas to find eligible voters and sign them up.

It hasn’t gotten easier to register voters in Texas. There are just more people who are able to do it, and Battleground Texas deserves praise for that. Other groups have picked up the torch from there, and the results speak for themselves. We saw in the 2020 election that Republicans can register voters, too, so like all things this strategy needs to be refined and advanced by Democrats to continue making gains. Let’s keep moving forward.

2021 Day Five EV report: A one week checkin

One work week, anyway. Here are the vote totals after five days of early voting. The first thing to notice is that about 70% of the votes cast so far have been by mail:

Mail ballots = 36,517
Early in person = 14,635
Drive-thru = 755

I note that the graphical breakdown of votes by type has one less vote by mail that the table totals do, no doubt an editing error. Whatever the case, there were nearly 52K votes cast through Friday, in an election with no major headliner to bring the people out. In 2017, there were 58,429 total votes cast as of the end of early voting. We’ll likely surpass than by Tuesday. That doesn’t mean we will have wildly higher turnout this year than we did in 2017. In 2017, about 59% of all votes were cast on Election Day. I suspect we will have a higher percentage of early votes this time, quite possibly because of the sharp increase in voting by mail. There are also more registered voters now that there were in 2017 – 2,233,533 in 2017, 2,431,457 in 2020, I don’t know exactly how many now but surely no less than that. More total voters may still be lower turnout as a percentage of RVs.

So that’s where we are now. I’ll do another update either Monday or Tuesday with the weekend numbers, and then again on Sunday with the final EV totals. We can make our guesses about where things will end up then. Have you voted yet? I did, and I like the new machines – the touch interface was simple and easy to use, and the paper receipt was cool, though perhaps it will be a bit of a bottleneck when we have a higher turnout election. What did you think?

The Women’s March, the next generation

I look forward to a day when these aren’t necessary, but in the meantime I am grateful to all who cared enough to participate or were there in spirit.

A crowd of more than 10,000 turned out Saturday in downtown Houston to encourage voter registration and to fight Texas’ restrictive abortion ban.

Participants in the Women’s March, organized by the nonprofit Houston Women March On, made their way from Discovery Green nearly a mile to City Hall, where Mayor Sylvester Turner greeted the crowd and proclaimed Oct. 1 as Women’s Voter Registration Day.

U.S. Reps. Al Green, Lizzie Fletcher and Sylvia Garcia attended, as did George Floyd Foundation executive director Shareeduh Tate, and DeAndre Hopkins’ mother, activist Sabrina Greenlee.

Although rain started falling as the speeches began, the crowd didn’t dwindle, even occasionally shouting in unison, “vote him out” or “our bodies, our rights.”

A main focus at the event was abortion rights in response to Senate Bill 8, which effectively prohibits abortion after a fetal heartbeat is detected at around six weeks into a pregnancy. It became law Sept. 1.

[…]

Women’s marches took place in more than 500 cities across the U.S. Saturday. The protests emulated the women’s marches that were held across the country in January 2017 after the election of President Donald Trump.

The protests come just days before the Supreme Court reconvenes for its new nine-month term Monday. The court is expected to review whether all state laws that ban pre-viability abortions are unconstitutional.

Couple of things here. One, I wish media would be a lot more careful in describing this law, because the statement that it prohibits abortion “after a fetal heartbeat is detected at around six weeks into a pregnancy” is factually inaccurate and I believe gives the law greater support in opinion polls than it would get if it were correctly attributed. The whole “fetal heartbeat” claim is one made by its advocates, and it is not backed by any medical evidence. It’s disappointing to see that just accepted without any reference to the facts of the matter.

Two, we’re very much going to need this kind of energy not only going into the 2022 election, but for now and for after it to put pressure on Congress and specifically the Senate to take action on a whole range of issues that have popular support but are being stymied by a range of anti-majoritarian practices, mostly but not exclusively the filibuster. The idea that the Texas ban on abortion would flip the script on abortion politics is theoretical. Seeing people take action is the practice. Let’s keep that up. Slate has more.

A kinder, gentler voter purge

How nice.

Still the only voter ID anyone should need

Two years after Texas officials fumbled an effort to double-check the voting rolls on a hunt for non-citizens — and instead threatened the voting rights of nearly 60,000 eligible Texans — similar efforts to purge non-citizen voters are now the law of the land, thanks to provisions tucked into the massive elections bill enacted earlier this month.

The Secretary of State will once again be allowed to regularly compare driver’s license records to voter registration lists in a quest to find people who are not eligible.

But while Republicans are determined to make another run at the controversial purge that alarmed civil rights groups two years ago, they insist they’ve made key changes to prevent a repeat of the same mistakes.

“They blew it last time,” acknowledged Republican State Sen. Paul Bettencourt, R-Houston.

So much so, then-Secretary of State David Whitley resigned his position in the aftermath and triggered a public apology from his office. Civil rights groups also sued his office and blocked the state from continuing the purge at the time.

Starting by December of this year, the Secretary of State will review Department of Public Safety records every month looking for potential non-citizens. But this time lawmakers have put in a provision that intentionally bars the Secretary of State from going too far back in time as it scours drivers’ license records, something that led to some of the problems in 2019.

In some instances, the state flagged legal voters who had become naturalized citizens since the time they first applied for a driver’s license a decade or more earlier. Non-citizens, including those with visas or green cards to stay in the U.S., are able to get Texas driver’s licenses. The state’s 2019 analysis flagged those drivers, but it never accounted for the fact that about 50,000 Texans become naturalized citizens each year.

The result was many legitimate voters receiving letters warning they were at risk of being knocked off the voter rolls and facing potential legal action because of faulty data.

By hastening to send out the written warnings, civil rights groups said the state caused a lot of fear and confusion, particularly for naturalized citizens.

“Definitely this is substantially better than what they were doing before,” said Joaquin Gonzalez, an attorney with the Texas Civil Rights Project.

But Gonzalez said he’s still worried about the reliability of Department of Public Safety drivers’ license databases and the inherent pitfalls of trying to compare millions of records against millions of other records. He said there is just too much room for error.

“There are still concerns that they will be falsely flagging people,” he said.

There’s too much to even sum up, so just go here for all things David Whitley. The provision the Democrats fought for should limit the damage, and for that we can be thankful. But there’s still no reason to trust anything the state is likely to want to do to “clean up” the voter rolls. They have not earned any benefit of the doubt. I will be delighted to be pleasantly surprised by this, but we very much need to keep a close eye on the process, because again, the state cannot be trusted.

Final settlement in Motor Voter 2.0 lawsuit

From Democracy Docket:

Still the only voter ID anyone should need

Last Friday, individual Texan voters, the Texas Democratic Party, the Democratic Congressional Campaign Committee (DCCC) and the Democratic Senatorial Campaign Committee (DSCC) settled a five-year long lawsuit with Texas over its noncompliance with the National Voter Registration Act (NVRA). The settlement outlines the state’s plans to permanently offer simultaneous voter registration when an eligible voter renews or updates his or her driver’s licenses or ID cards online — an option not offered before this litigation.

The lawsuit, filed in March 2016 by the Texas Civil Rights Project on behalf of individual Texas voters, challenged the state’s misleading practice of providing the option to register to vote when completing online transactions with the transportation agency. Notably, checking this option did not actually register someone to vote, which violated the NVRA’s requirement that states offer voter registration or the ability to update registrations when an eligible voter obtains, renews or updates his or her driver’s license. The U.S. District Court for the Western District of Texas found that this practice violated the NVRA and 14th Amendment and struck the law down, but after the voters updated their registration, the court found that they no longer had standing to sue. The Texas Democratic Party, DSCC and DCCC successfully intervened in the case to expand this victory. The court ordered the state to comply with the NVRA in August 2020 and since then, over one million Texans have registered to vote while completing an online driver’s license transaction. The settlement makes the court-ordered compliance permanent throughout the state.

Read the key filings from the case here.

See here and here for some background; there are more links at that second post. This KUT story, referenced above, came out a day or so before the final settlement agreement.

After a lengthy court battle, the Texas Department of Safety has started allowing voters to update their voter information at the same time they update their driver’s license information online.

The Texas Civil Rights Project filed a federal lawsuit against the state on behalf of three voters in Texas who thought they had updated their addresses on their voter registration through the DPS website. They later found out that never happened because online voter registration is illegal in Texas.

The plaintiffs in the case were Jarrod Stringer, Nayeli Gomez and John Harms, as well as two organizations, MOVE Texas and the League of Women Voters of Texas.

The lawsuit claimed Texas was violating the National Voter Registration Act — which includes federal motor voter laws — and the U.S. Constitution. The Texas Civil Rights Project first sued the state five years ago, but the lawsuit was thrown out on a technicality. The group sued again shortly after.

A federal judge sided with the Texas Civil Rights Project and ordered the state to change its practices last year, forcing Texas to “create the first-ever opportunity for some Texans to register to vote online” starting in September, the group said in a press release.

Mimi Marziani, president of the Texas Civil Rights Project, told KUT that DPS data shows that about a million voter registration transactions have occurred in the past ten months.

“That means that’s an average of a 100,000 Texans per month are now registering to vote — or updating their voter registration — with their online drivers’ transaction,” she said. “That’s a lot of people.”

Here’s a Twitter thread from the TCRP that breaks this down by month since last November. Note the qualification “or updating their voter registration”. That means that anyone who updated their drivers license information – name change, address change, etc – are counted in this total, as they were then able to update their voter registration information at the same time. That’s a big deal and a much-needed bit of convenience for Texans who now don’t have to do that same transaction twice, but it is not one million new voters registered. I don’t want to downplay this because it is a big deal, but I also don’t want to overstate it.

Marziani told KUT that this should prompt the state to expand online voter registration to all eligible Texans, not just those updating their drivers’ license information. Currently, 42 states and D.C. have online voter registration. Texas is among the small minority of states that doesn’t.

Marziani said Texas now has “absolutely no practical reason” not to expand and implement full online voter legislation.

“Now with the state implementing this online voter registration with driver’s license transactions, the state completely has the backend infrastructure to roll out online voter registration,” she said.

Absolutely, and it remains a disgrace that Texas doesn’t have online voter registration. But we all know why, and we know what is going to be needed to make it happen. This is a step in the right direction, but the rest of the way is up to us winning more elections.