Texas: Election security bill passes in Senate | News-Journal

East Texas state Sen. Bryan Hughes’ signature bill on election security won passage Monday in the Texas Senate and moves to the House of Representatives for debate. Senate Bill 9 creates a paper trail for electronic voting. It also takes aim at voter fraud that can occur when people who help disabled voters try to influence how they vote. It enhances the penalty for making a false statement on a mail ballot application from a misdemeanor to state jail felony and requires those who help voters who are not family members to sign a form documenting their role. The bill also would require people who help disabled voters cast a mail-in ballot officially certify that the voter they help is physically unable to enter a poll without risk to harm. In addition, it allows poll watchers to accompany both the voter and helper into the voting area. “The heart of the bill is that paper ballot, that paper backup,” Hughes, R-Mineola, said as he urged passage of the measure. “This is not a partisan issue. … It says if you’re going to bring someone to the polls and help them cast their ballot … then, yes. We want to know your names.” Hughes chaired a Select Committee on Election Security last summer in preparation for the legislative session that opened in January. Many of the provisions in his Senate Bill 9, he told senators, came from sworn testimony from Democrats and Republicans. The bill passed on a 19-12 vote along party lines. “For whatever reason, the national Democrats made this a lightning rod,” he said. “Election integrity is important to all of us.”

Texas: SB9, Election Integrity And Voter Rights | Texas Public Radio

The next time Texans vote in a stateside election will be Super Tuesday, on March 3, 2020. Ten states are expected to hold their primaries and caucuses on Super Tuesday, including three big ones: Texas, California and Virginia. There will be a lot on the line for the national and local primary races in Texas, and voting could look very different on that day … if Senate Bill 9 is passed. SB 9 is also known as the Omnibus Elections Integrity Bill. It’s sponsored by Republican State Sen. Bryan Hughes. And in there is a long list of proposed fixes to the way elections are held and ballots are counted in Texas. Some of the big changes would include a requirement for counties to have a paper-vote receipt trail. Critics of the bill say it does nothing to address the biggest problem with voting in Texas. They say it’s too difficult to register and vote. They complain SB9 would make it even harder to vote.

Texas: Civil rights groups ask court to halt ‘voter purge’ during lawsuit | Houston Chronicle

Warning that the “likelihood of severe harm is high,” civil rights organizations asked a federal judge to order an immediate halt to a state-initiated process that questions the citizenship of thousands of registered voters in Texas. The MOVE Texas Civic Fund, the Jolt Initiative, League of Women Voters of Texas and Texas resident Nivien Saleh filed a motion  for a preliminary injunction Wednesday, seeking to prevent any Texans from wrongly being removed from the voter rolls while the groups’ lawsuit against the state and five county elections officials proceeds. The request focuses on a Jan. 25 advisory sent by Texas Secretary of State David Whitley, asking local election offices to look into the citizenship of 95,000 people on the voter rolls. Whitley recommended that counties send notices to people the state flagged as possible non-citizens, giving them 30 days to prove they’re eligible to vote by presenting proper documentation. If they don’t respond, their registrations would be canceled by the county voter registrar. Even if a notice is returned as undeliverable, the advisory instructs the county to cancel the registration.

Texas: David Whitley could face a tough confirmation for Texas secretary of state | The Texas Tribune

The governor’s appointments for secretary of state typically sail through the Texas Senate. But against the backdrop of a flawed voter citizenship check that risked the votes of tens of thousands of naturalized citizens, Gov. Greg Abbott’s latest pick finds himself in need of Democratic support. And the minority party’s doubts about — if not outright opposition to — his confirmation are growing. A longtime Abbott aide appointed to the post in December, David Whitley is set to face the Senate Nominations Committee on Thursday after almost two weeks of intense scrutiny of his decision to question the citizenship status of almost 100,000 voters using flawed data that seemingly singled out naturalized citizens for review. He’s since been named as a defendant in three lawsuits alleging the review was unconstitutional and violated federal safeguards for voters of color, who are more likely to support Democrats. And he’s facing questions from Democratic lawmakers about why he handed that list of voters to the attorney general’s office for possible prosecution even before the names were reviewed by local elections officials.

Texas: Activists: Texas voter purge is latest effort to target voting rights | USA Today

The recent eye-popping claim by the Texas secretary of state’s office – that 95,000 registered voters in Texas may be ineligible because they’re not U.S. citizens – grabbed quick headlines and sprang into President Donald Trump’s Twitter feed, rekindling fears of rampant voter fraud by non-U.S. citizens. Within a week, however, three lawsuits challenging the move and state officials erasing tens of thousands of names from that list have since raised questions about the validity and methodology of the claim. The clash over Texas voters comes amid allegations by voting rights’ activists of nationwide efforts to purge voters of color from rolls and influence elections, including aggressively going after alleged non-citizens registered to vote. Since 2013, Florida, New York, North Carolina and Virginia have conducted illegal purges, according to a recent study by New York University’s Brennan Center for Justice. The report also found that between 2014 and 2016, states removed almost 16 million voters from the rolls – or 4 million more than what was removed between 2006 and 2008. Many of those were improperly removed, the report said.

Texas: Civil rights groups sue to stop ‘unlawful purge’ of thousands of voters | The Guardian

Civil rights groups have launched lawsuits accusing Texas officials of compiling a flawed list of voters that could see thousands of naturalized citizens wrongly expunged from electoral rolls, sparking a fierce political fight over alleged voter suppression. Four Texas-based organisations are plaintiffs in a lawsuit filed on Monday that asks a federal court to stop the state from enacting an “unlawful purge” based on the flagging of about 95,000 people as potentially illegally registered to vote. It follows legal action initiated last week by Hispanic rights groups who contend the state is pursuing a voter suppression tactic that is likely to have a strong impact on minorities’ democratic rights. “This list is simply a way to target US citizens who are foreign-born as opposed to being any genuine effort to identify non-US citizens on the voter rolls,” said Nina Perales, vice-president of litigation for the Mexican American Legal Defense and Educational Fund.

Texas: Voter-Fraud Claims Don’t Have to Be True to Achieve Their Goal | The Atlantic

Federal courts struck down Texas’s original voter-ID law, which would have required certain forms of government-issued identification in order to vote, deeming it intentional discrimination against minorities. But GOP officials who lead the state argued that the passage and implementation of the law was necessary to prevent voter fraud, and last year Texas Attorney General Ken Paxton accepted the Fifth Circuit Court of Appeals’ decision to uphold a slightly revised version of the law that would allow other forms of identity verification for people who can’t get the proper government-issued documentation. Yet Republicans still don’t think the regulation has done the job. Last week, Texas Secretary of State David Whitley’s office sent an advisory to counties involving a list of people who’d been identified as potential noncitizens with a matching voter-registration record. Activists and media criticized the list as inaccurate and misleading. But that didn’t stop GOP officials from using the list as definitive proof of rampant voter fraud, despite having no evidence that anyone had voted illegally. Their fervor seemed to add to the suspicion that the party has an endgame well beyond “ballot security,” and to the fear that new forms of voter suppression are just on the horizon.

Texas: “Someone did not do their due diligence.” How an attempt to review Texas’ voter rolls turned into a debacle | The Texas Tribune

State Rep. Rafael Anchia had been alarmed by the actions of the Texas secretary of state’s office for days by the time the agency’s chief, David Whitley, walked into the Dallas Democrat’s Capitol office on Monday. The Friday before, Whitley’s staff had issued a bombshell press release calling into question the citizenship of 95,000 registered voters in Texas. Soon after, Democratic lawmakers and advocacy groups were raising serious questions about how many people on that list were actually non-citizens who are ineligible to vote. But before those doubts emerged, Whitley, the top election officer in the state, had handed over information about those registered voters to the Texas attorney general, which has the jurisdiction to prosecute them for felony crimes. So as Anchia sat at the end of his green, glass-topped conference table, he wanted to know: Did Whitley know for sure that any of the names on his list had committed crimes by voting as noncitizens? “No,” Whitley answered, according to Anchia.

Texas: Civil rights group sues Texas over order to investigate potential noncitizen voters with flawed data | Dallas Morning News

A civil rights group has sued Texas for advising counties to review the citizenship of tens of thousands of eligible voters in the state with flawed data, claiming it violates the voting rights of U.S. citizens and legally registered Texas voters who are foreign-born.  The lawsuit filed by the Mexican American Legal Defense and Educational Fund alleges the state has “singled out for investigation and removal” the names of U.S. citizens who are registered voters because they were born outside the United States. It asks for an injunction to prevent recently naturalized citizens from being investigated and a rescission of the state’s advisory to comb through a list of 58,000 people whom state officials said had potentially voted while not citizens. 

Texas: Officials launched voter purge with big splash, little accuracy | Houston Chronicle

Last Friday afternoon, Republican Attorney General Ken Paxton took to Twitter to blast out alarming news. “VOTER FRAUD ALERT,” the tweet said. “The @TXsecofstate discovered approx 95,000 individuals identified by DPS as non-U.S. citizens have a matching voter registration record in TX, approx 58,000 of whom have voted in TX elections.” The tweet ricocheted across the internet for two hours before the state sent notice of the explosive number of suspected non-citizen voters to county election officials, who are charged with verifying the initial findings and purging any ineligible voters. The state had been working on the analysis since March 2018, but it took the elections officials less than a day to spot glaring errors. By Tuesday, the original list of 95,000 had been cut to roughly 75,000 names. “I can’t speculate as to why the original list had mistakes,” said Williamson County Elections Administrator Chris Davis, who is President of the Texas Association of Elections Administrators and was among the first to notify the state of inaccuracies. “We weren’t, my county, wasn’t consulted on search parameters or methodology.”

Texas: Abbott sticks by flawed list of non-citizen voters, says review should continue | Dallas Morning News

Gov. Greg Abbott on Thursday said the flawed list of tens of thousands of non-citizens who had potentially voted released by his secretary of state is a “work in progress” and that state and local officials should continue their reviews. “This is a list that we need to work on together to make sure that those who do not have the legal authority to vote are not going to be able to vote,” he said. “This is what you would categorize as a process, a work in progress. They’ll get it right.”  On Friday, Secretary of State David Whitley, who was appointed by Abbott in December, sent an advisory to counties saying that about 95,000 people who received driver licenses — while legally in the country, but not U.S. citizens — also appeared on Texas voter rolls. Of them, 58,000 voted in one or more elections between 1996 and 2018, Whitley’s office said. It asked counties to review the eligibility of people on the list.

Texas: In reversal, Department of Justice under Trump backs Texas in redistricting fight | Austin American-Statesman

Reversing a stand taken by the Obama administration, the U.S. Department of Justice has told a federal court that it no longer believes past discrimination by Texas officials should require the state to get outside approval for redistricting maps that will be drawn in 2021. As part of a long-running challenge to political districts drawn after the 2010 census, lawyers for minority voters, Democratic candidates and civil rights groups are seeking a ruling that requires federal approval before Texas can use any new maps. Under President Barack Obama, the Justice Department also had argued that such “preclearance” was necessary because “Texas has a history of intentional racial discrimination in redistricting.” The department no longer believes Texas requires federal oversight, according to a brief filed Tuesday evening by John Gore, the principal deputy assistant attorney general.

Texas: Officials Begin Walking Back Allegations About Noncitizen Voters | NPR

Texas officials are taking a step back on their claim they found 95,000 possible noncitizens in the state’s voter rolls. They say it is possible many of the people on their list should not be there. In a statement Tuesday, the Texas Secretary of State’s office said they “are continuing to provide information to the counties to assist them in verifying eligibility of Texas voters.” Last Friday, Texas Secretary of State David Whitley sent an advisory to local registrars asking them to look at their voter rolls. Whitley said his office flagged the names of 95,000 people who at one point in the past 22 years had identified as noncitizens with the Texas Department of Public Safety. In that timespan, officials said, they also registered to vote. Voting rights groups have said the state’s list is likely a list of naturalized citizens who recently got the right to vote. 

Texas: Voter citizenship review list has problems, state tells counties | The Texas Tribune

After flagging tens of thousands of registered voters for citizenship reviews, the Texas secretary of state’s office is now telling counties that some of those voters don’t belong on the lists it sent out. Officials in five large counties — Harris, Travis, Fort Bend, Collin and Williamson — told The Texas Tribune they had received calls Tuesday from the secretary of state’s office indicating that some of the voters whose citizenship status the state said counties should consider checking should not actually be on those lists. The secretary of state’s office incorrectly included some voters who had submitted their voting registration applications at Texas Department of Public Safety offices, according to county officials. Now, the secretary of state is instructing counties to remove them from the list of flagged voters. “We’re going to proceed very carefully,” said Douglas Ray, a special assistant county attorney in Harris County, where 29,822 voters were initially flagged by the state. A “substantial number” of them are now being marked as citizens, Ray said.

Texas: Specter of illegal Texas voters draws skepticism | Austin American-Statesman

For some Republicans, including President Donald Trump, Friday’s announcement that state officials had identified 95,000 registered voters as possible non-U.S. citizens provided all the proof they needed to confirm suspicions that illegal voting is pervasive. Democrats and civil rights activists greeted the news skeptically, arguing that the scenario described by Texas Secretary of State David Whitley mirrored the GOP playbook under Trump by using inflated accusations to justify cracking down on voting rights, particularly for minority voters. “Make no mistake,” said Beth Stevens, the voting rights legal director of the Texas Civil Rights Project. “The state is going to use this highly suspect ‘investigation’ to try to pass laws that will make it harder for eligible Texas voters to cast a ballot that counts.”

Texas: Officials Flag Tens Of Thousands Of Voters For Citizenship Checks | Texas Public Radio

The Texas secretary of state’s office announced Friday it would send local election officials a list of 95,000 registered voters who the state says counties should consider checking to see whether they are U.S. citizens and, therefore, legally eligible to vote. In an advisory released Friday afternoon, the office said it was flagging individuals who had provided the Texas Department of Public Safety with some form of documentation — including a work visa or a green card — that showed they were not a citizen when they were obtaining a driver’s license or an ID card. Among the individuals flagged, about 58,000 individuals cast a ballot in one or more elections from 1996 to 2018, the secretary of state’s office said.  It’s unclear exactly how many of those individuals are not actually U.S. citizens and whether that number will be available in the future. In its notice to counties, the secretary of state’s office said the names should be considered “WEAK” matches, using all capital letters for emphasis.

Texas: Trump administration opposes a return to federal oversight for Texas redistricting, reversing Obama-era stance | The Texas Tribune

In the latest about-face on voting rights under President Donald Trump, the U.S. Department of Justice no longer supports efforts to force Texas back under federal oversight of its electoral map drawing. In legal filings this week, the Justice Department indicated it would side against the voters of color, civil rights groups and Democratic lawmakers…

Texas: Russian Trolls Successfully Peddled Texas Pride in 2016, Senate Reports Say | Dallas Observer

If you thought Texas’ Facebook fever swamp got especially weird as the 2016 election approached, you were right. According to a couple of new, third-party reports released by the Senate Intelligence Committee this week, the Internet Research Agency, the Russian troll farm behind the country’s fake news campaign to interfere in the 2016 election, specifically targeted Texas with one of its most successful pages. According to one of the reports — from Oxford University’s Computational Propaganda Project — a page managed by the Russian agency called “Heart of Texas” racked up the third-most likes of any page managed by the group, with 5.5 million. Users shared posts from the page nearly 5 million times and made more than 400,000 comments before Facebook shut it down in September 2017. 

Texas: 5th Circuit temporarily blocks online voter registration for Texas drivers | The Texas Tribune

Texas will not be required to meet a 45-day deadline to implement online voter registration for drivers — for now. The 5th U.S. Circuit Court of Appeals on Thursday temporarily blocked a lower court ruling that mandated a voter registration system that would allow drivers to register to vote when they renew their driver’s licenses online. The requirement was part of U.S. District Judge Orlando Garcia’s ruling that Texas was violating a federal voter registration law — also known as the “Motor Voter Act” — that’s meant to ease the voter registration process.

Texas: Hughes’ committee election report calls for paper ballot trail, lays ground for bills in 2019 Legislature | Longview News-Journal

A 17-page report issued by a Texas Senate panel led by East Texas state Sen. Bryan Hughes gives a preview of election security bills that lawmakers will take up when they convene in Austin at the new year. Released to the public Wednesday, the report by the Senate Select Committee on Election Security does not include recommendations on combating mail ballot fraud. That topic took up much of the seven-member, bipartisan panel’s only meeting Feb. 22. The report devotes much of its attention to the cybersecurity of voting systems in Texas and recommends that all electronic voting machines in the state produce a paper ballot voters can inspect before casting their ballots.

Texas: Texas Legal Fight Over Redistricting Isn’t Over | Dallas Observer

It turns out the nearly decade-long fight over Texas’ legislative districts didn’t actually end with the Supreme Court’s ruling against the plaintiffs in June. Late Friday afternoon, the coalition of voting rights groups that have fought the state for fairer legislative districts since the last round of redistricting in 2010 filed a pair of new briefs with the U.S. District Court for the Western District of Texas in Austin. They seek to have the state forced back into federal preclearance under the Voting Rights Act. States subject to the VRA’s preclearance provision must seek and receive federal approval for any changes they make to any law that applies to voting. Texas has been free from the requirement since 2013, when the Supreme Court cleared the list of states subject to preclearance, but could be placed back on the naughty list if federal courts determine that the state is intentionally discriminatory in its voting laws.

Texas: Attorney General Ken Paxton celebrates eight-year sentence against woman who accidentally voted illegally. | Salon

Earlier this month, the Texas 2nd Court of Appeals affirmed Rosa Maria Ortega’s eight-year prison sentence for illegal voting. Attorney General Ken Paxton celebrated the decision in a triumphant press release boasting of Ortega’s draconian punishment. But there is nothing just about the fact that Ortega may spend the next eight years languishing behind bars for unknowingly casting illegal ballots. To the contrary, her sentence is wildly out of proportion with her crime—the possible result of prosecutorial chicanery during closing arguments that has no place in a courtroom. And it’s yet another example of prosecutors using isolated cases of illegal voting to intimidate legitimate voters out of casting a ballot. Although Paxton has presented Ortega’s conduct as evidence that voter fraud is a genuine problem in Texas, her case bears no resemblance to the paranoid myth of immigrants covertly swinging elections. Ortega is a lawful permanent resident who was brought to the United States as a baby. She has a sixth-grade education and did not know that she could not legally vote.

Texas: A Woman Who Voted With A Green Card Was Sentenced To 8 Years In Prison — And A Court Upheld It | Bustle

On Wednesday, an appeals court upheld a voter fraud conviction against a Texas woman who voted with a green card. Rosa Maria Ortega was originally convicted in 2017, despite the fact that she claimed she had no idea her green card didn’t provide her voting rights. Now, Ortega, a mother of four, has been sentenced to a jail time of eight years, as well as likely deportation. According to NBC News, Ortega voted five times from 2004-2014, and served as a poll worker; she even voted for the attorney general who is now prosecuting her, a man named Ken Paxton. Ortega’s attorney told The Washington Post in 2017, “She’s got this [green] card that says ‘resident’ on it, so she doesn’t mark that she’s not a citizen. She had no ulterior motive beyond what she thought, mistakenly, was her civic duty.” In a statement in 2017, when Ortega was first convicted, Paxton said, “This case shows how serious Texas is about keeping its elections secure, and the outcome sends a message that violators of the state’s election law will be prosecuted to the fullest.” He added, “Safeguarding the integrity of our elections is essential to preserving our democracy.”

Texas: Should Texas require county voting machines to have a paper trail? | Victoria Advocate

In the wake of the November midterm elections, counties throughout the U.S. are taking stock of their election processes while advocates and legislators debate what should change to make elections more secure and accessible the next time around. The piecemeal method of voting in the U.S. means that regulations and methods of voting vary dramatically from state to state, and sometimes even within states. In Texas, that piecemeal nature is even more on display: Some counties use electronic voting machines, some counties use paper ballots and some use both. One voting reform that’s frequently been invoked amid anxieties about vote recounts or voting systems being hacked is mandating a paper trail.

Texas: State needs new voting machines but will the state pay for them? | KXAN

When many Texas counties bought their latest voting machines, Justin Timberlake and Britney Spears just broke up, Nickelback was popular, and the No Child Left Behind Act was signed into law. The year was 2002. Most county officials bought machines after Florida’s fumbled the 2000 election and Congress passed the Help America Vote Act. In 2018, county voting machines confused many Texans who accidentally changed their votes after machines took several seconds to populate results. “Connection issues” plagued Hays County and voting machines temporarily malfunctioned in Williamson County during the 2018 November elections. Several Texas lawmakers filed bills to require new voting machines but one Central Texas lawmaker thinks the state should help pay for them. 

Texas: Straight-ticket voting ends in 2020. For some down-ballot Republicans, that wasn’t soon enough. | The Texas Tribune

As Harris County judge, Ed Emmett led the state’s biggest county — 4.7 million people — through its most devastating natural disaster. That work won the moderate Republican bipartisan support, even in a county that overwhelmingly went blue in 2016. But last week, Emmett lost his re-election bid in a close race — the closest in the county. And come January, the incumbent will turn his job over to Democrat Lina Hidalgo, a 27-year-old political newcomer who had never attended a meeting of the commissioners court she will now lead (she has, she said, watched them online). At the top of the ticket, U.S. Sen. Ted Cruz lost the county by more than 200,000 votes; Emmett’s race — midway down the longest ballot in the country — was decided by a margin of about 19,000 votes.

Texas: Harris County keeps some voting locations open an extra hour | The Texas Tribune

A state district judge has ordered Harris County to extend voting hours at nine polling locations that failed to open on time this morning. The order to keep nine voting locations open an extra hour until 8 p.m. came soon after the Texas Civil Rights Project and the Texas Organizing Project sued the county over delays at those polling places. The groups alleged that the county was violating the Texas Election Code because polling locations that opened after 7 a.m. would not remain open to voters for 12 hours on Election Day as required by state law. In a lawsuit filed Tuesday afternoon, the two groups noted that the nine polling locations across the state’s biggest county “not only failed to open at 7 a.m., but remained closed until well after 7 a.m.,” the plaintiffs wrote. Voting was further delayed at some polling locations because of equipment issues, including sign-in and voting machines that weren’t working.

Texas: Straight-ticket voting problems could be due to old machines | The Texas Tribune

A national spotlight fell on Texas’ voting equipment last week after some voters complained that their votes on electronic voting machines had changed. State election officials chalked it up to user error. Critics alleged malfeasance or a software bug. The Austin-based company behind the machines says an important piece of context is missing from this debate: these machines are 16 years old. “It’s very much like someone calling Apple and asking for support on their iPhone 1,” said Steven Sockwell, vice president of marketing at Hart InterCivic. Most Texas counties last upgraded their electronic voting machines well over a decade ago, tapping billions in funds Congress approved to upgrade voting equipment around the country following election irregularities during the 2000 presidential election. Dozens of Texas counties purchased Hart’s eSlate machines. It’s those same machines that a number of voters attempted to cast straight-ticket ballots on last week only to hit a snag: when they reviewed their list of candidates on the summary screen, their choices were deselected or a candidate from an opposing party was selected.

Texas: Fighting for the Right to Vote in a Tiny Texas County | The Atlantic

In Waller County, Texas, a 40,000-strong exurb to the northwest of Houston, early voting is simple. Texas law mandates that the county maintain a main voting site, located in the county seat of Hempstead, that is open for at least five hours every day from Monday, October 22, to Friday, November 2. During those two weeks, satellite centers provide voting hours farther out in the county. Residents in the towns of Brookshire and Waller, two of the larger places in Waller County, have multiple days to cast a ballot in both the first and second week of early voting. As guided by state law, the early-voting plans in Waller County are intended to both maximize a finite pool of resources and ensure that most of the voters in the county have at least some convenient entry points for early voting that can fit into their schedule. All of that applies so long as you aren’t a black college student, according to a lawsuit filed last week in a U.S. district court by the NAACP Legal Defense Fund. The suit, brought on behalf of several students at Prairie View A&M University, alleges that the county shortchanges students with a local early-voting plan that uniquely constrains their choices, offering only three days of on-campus early voting in the second week.*