Texas: Federal appellate court upholds embattled voter ID law | The Texas Tribune

Amid efforts to prove Texas’ embattled voter ID law is discriminatory, a federal appeals panel on Friday OK’d state lawmakers’ efforts to rewrite the law last year to address faults previously identified by the courts. On a 2-1 vote, a three-judge panel of the U.S. 5th Circuit Court of Appeals reversed a lower court’s ruling that tossed out the state’s revisions through Senate Bill 5. The lower court had said the changes did not absolve Texas lawmakers from responsibility for discriminating against voters of color when they crafted one of the nation’s strictest voter ID laws in 2011. But the Legislature “succeeded in its goal” of addressing flaws in the voter ID law in 2017, Judge Edith Jones wrote in the majority opinion for the divided panel, and the lower court acted prematurely when it “abused its discretion” in ruling to invalidate SB 5.

Texas: Congressional Map Comes Under Supreme Court Scrutiny | Roll Call

The Supreme Court hears oral arguments Tuesday in a case that could not only require Texas to redraw its congressional districts, but give states a way to defend against claims of gerrymandering. This is the third case the justices will hear this term about how states draw legislative maps to gain a political advantage. Cases from Wisconsin and Maryland focus on whether those maps can be too partisan. The Texas case is a more traditional challenge to how state lawmakers draw the lines using voter data. The long legal saga over the Lone Star State’s congressional and statehouse maps stretches back to what state lawmakers decided right after the 2010 census. And the outcome now could influence how states draw new congressional maps after the census in 2020.

Texas: Voter ID Law Does Not Discriminate and Can Stand, Appeals Panel Rules | The New York Times

A federal appeals court upheld Texas’ voter identification law on Friday, saying that it does not discriminate against black and Hispanic voters. The decision by a three-judge panel of the United States Court of Appeals for the Fifth Circuit, in New Orleans, overturned a lower-court ruling that had struck down the law. It was the latest milestone in a years long legal battle over the state’s efforts to require voters to show government-issued identification in order to cast a ballot. The panel’s decision, by a vote of 2 to 1, was the first time a federal court had upheld the law, a revamped version of one of the toughest voter ID restrictions in the country.

Texas: To prevent gerrymandering, voting rights groups want Texas citizens to draw the maps | Dallas Morning News

To prevent gerrymandered districts, a coalition of civil and voting rights groups wants Texas citizens to draw the state’s electoral maps. For seven years, the state of Texas has defended its statehouse and congressional maps against allegations that they were drawn in 2011 with the purpose of minimizing the voting power of African-Americans and Latinos. This week, the U.S. Supreme Court heard oral arguments in the case for the second time, and if the justices side with the map’s challengers, they could hear the case again before it’s resolved.

Texas: Woman Hit With 5 Year Sentence For Inadvertent Illegal Vote Asks For New Trial | TPM

The 43-year-old Texas woman who was sentenced to five years in prison last month for filling out a provisional ballot while she was still on supervised released for a felony tax fraud conviction has requested a new trial. Crystal Mason and her attorney, Alison Grinter, filed a motion for a new trial in Tarrant County, Texas on Wednesday, arguing that not only did Mason not actually vote — her provisional ballot was rejected — in the 2016 presidential election, she may have been eligible to vote in the state of Texas, Grinter told TPM Wednesday. According to the motion shared with TPM, in the state of Texas it is legal for a person to vote if they have a state felony conviction, but only if they are out prison, are off probation and off parole or supervision. When Mason cast her provisional ballot — which she filled out with an election official because her name was not on the voter roll — she was on federal supervised release, which is a period of interaction with federal authorities that is tacked on to the end of every federal prison sentence.

Texas: White Judge Sentenced to Probation for Election Fraud in Same County Where Black Woman Received 5 Years | The Root

Right now, there is a black woman sitting in prison, reading about a Texas judge who was found guilty of the same crime she committed. She probably noticed that the judge was sentenced to five years’ probation in the same county that sentenced her to five years in jail. More than likely, she also noticed that she is black and the judge who was found guilty of turning in fake signatures to secure a spot in the Republican primary is white. On Monday, Tarrant County, Texas, Justice of the Peace Russ Casey pleaded guilty to tampering with a government record after an investigation found that many signatures on his ballot petition were false, even though Casey signed a form attesting that he’d witnessed the signatures, according to the Star-Telegram.

Texas: Judge dismisses GOP lawsuit that sought to remove dozens of Democrats from November ballot | Dallas Morning News

A judge on Monday dismissed a lawsuit that would have removed more than 80 Democrats from the November general election ballot, putting to rest a controversy that threatened to toss Dallas County elections into chaos. State District Judge Eric Moyé  issued an order tossing out Dallas County Republican Party Chairwoman Missy Shorey’s lawsuit against Democratic Party Chairwoman Carol Donovan and 127 Democrats originally listed on the March 6 primary election ballot. After the primary, the names of the candidates that were in jeopardy dwindled to 82. The lawsuit contended that Donovan did not sign the candidate applications of 127 Democrats before they were forwarded to the Texas secretary of state’s office. That signature, according the lawsuit, was needed in order to certify the candidates for the election.

Texas: Why everyone is mad in the Texas redistricting fight that’s taken seven years | The Texas Tribune

Everyone in the Texas redistricting fight is pissed off. In their latest brief to the U.S. Supreme Court, the voting and minority rights groups challenging Texas’ political maps painted Republican state lawmakers as “opportunistically inconsistent in their treatment of appearance versus reality.” Pointing to the lawmakers’ 2013 adoption of a court-drawn map that was meant to be temporary, the groups chronicled the actions as “a ruse,” a “shellgame strategy” and a devious “smokescreen” meant to obscure discriminatory motives behind a previous redistricting plan. Channeling their anger toward the lower court that found lawmakers intentionally discriminated against voters of color, state attorneys used a February brief to denounce the court’s ruling as one that “defies law and logic,” suffers multiple “legal defects” and “flunks the commonsense test to boot.”

Texas: Greg Abbott seeks to call a special election for Farenthold seat | Austin American-Statesman

Gov. Greg Abbott has asked Attorney General Ken Paxton for a legal opinion on whether Abbott can suspend state election law to call a special election “as soon as is legally possible” to fill the congressional seat left vacant when embattled U.S. Rep. Blake Farenthold, R-Corpus Christi, resigned two weeks ago. In a letter to Attorney General Ken Paxton Thursday, Abbott said he is concerned that state and federal law may not allow an election earlier than September. Abbott said he is concerned that coastal Texans continuing to seek federal relief from Hurricane Harvey damage lack representation in Congress. Abbott writes in the letter that “it is imperative to restore representation” to the voters of the 27th Congressional District, which stretches from Corpus Christi to Bastrop and Caldwell counties. Abbott noted that all of the district’s 13 counties are covered by his most recent disaster declaration for areas affected by Hurricane Harvey.

Texas: Redistricting battles return to the Supreme Court | SCOTUSblog

ince October, the Supreme Court has heard oral argument in two major redistricting battles, involving allegations of partisan gerrymandering in Wisconsin and Maryland. When the justices take the bench next Tuesday, they will hear oral argument in a third redistricting dispute, this time involving allegations that Texas lawmakers drew federal congressional and state legislative districts that harmed some of the state’s black and Hispanic residents. The tale of the two cases known as Abbott v. Perez is a long and complicated one. It began in 2011, when Texas’ Republican-controlled legislature began redistricting in the wake of the 2010 census, which indicated that Texas had gained over four million new residents, who were predominantly minorities; that population growth meant that the state would get four new seats in the U.S. House of Representatives.

Texas: Testimony ends in trial to determine if Dallas County discriminates against white voters | Dallas Morning News

Testimony ended Thursday in the landmark redistricting case over whether Dallas County discriminates against white voters. The four-day trial — Ann Harding vs. Dallas County — featured analysis by local and national redistricting experts and video of two raucous county Commissioners Court meetings. U.S. District Judge Sidney Fitzwater will wade through the evidence and issue a ruling. That could take months because the judge will receive 50-page closing arguments from lawyers on both sides and hear final oral arguments in late May or early June.

Texas: Mapmakers built the GOP’s political house on high ground | The Texas Tribune

Texas’ gerrymanders are the political equivalent of putting houses on stilts to keep them safe from flooding. Democratic hopes for a “blue wave” that would lift some of their candidates into statewide office and reduce their disadvantages in the congressional delegation and the statehouse aren’t completely out of line. Presidents’ political parties often have trouble in midterm elections. It’s just that Republicans in Texas drew maps in 2011 — since modified by the federal courts but still being litigated — that protect the party’s officeholders from most changes in public sentiment.

Texas: Federal judge: Texas is violating national voter registration law | The Texas Tribune

Handing the state another voting rights loss, a federal judge has sided with a civil rights group that claimed Texas violated federal law by failing to register residents to vote when they updated their drivers’ license information online. In a court order made public on Tuesday, U.S. District Judge Orlando Garcia of San Antonio ruled that Texas was in violation of the federal National Voter Registration Act. A portion of that law requires states to give residents the opportunity to register to vote at the same time that they apply for or renew their driver’s licenses.

Texas: Experts Say Electronic Voting Machines Aren’t Secure. So Travis County Is Designing Its Own. | KUT

Travis County Clerk Dana DeBeauvoir has spent more than a decade working with researchers and computer security experts to design a voting machine that’s more secure and reliable. This massive undertaking resulted in the Secure, Transparent, Auditable, and Reliable Voting System, or STAR-Vote. But getting manufacturers to build it has been a challenge. … When Houston first floated the idea of switching to DREs in 2001, it caught Dan Wallach’s attention. He urged city leaders not to ditch paper ballots. “My message then was: These are just computers,” says Wallach, a professor in the department of computer science at Rice University, “and computers are hackable.”

Texas: As Texas Gov. Greg Abbott sounds alarm about redistricting, super PAC gets to work | The Texas Tribune

As Gov. Greg Abbott sounds the alarm about Democratic efforts to influence the post-2020 redistricting process, he is being backed up by a new super PAC led by a key ally. The super PAC, #ProjectRedTX, has quietly raised a half a million dollars — from a single donor — as it looks to ensure Republican dominance in Texas through the next round of redistricting. Those efforts are ramping up as the state prepares to defend its current congressional and state House district maps before the U.S. Supreme Court.

Texas: Officials deny election hack, Democrats raise questions | Austin American-Statesman

Texas officials pushed back against a report that Russian-supported hackers compromised the state’s electoral data system prior to the 2016 election. NBC News, citing classified material, reported that state websites or voter registration systems in seven states — Texas, Alaska, Arizona, California, Florida, Illinois and Wisconsin — were breached by Russian-backed covert operatives. With early voting underway for the March 6 primary, Texas Secretary of State Rolando Pablos said in a statement: “Our agency has seen no evidence that any voting or voter registration systems in Texas were compromised before the 2016 elections, contrary to the suggestions contained in the alleged classified intelligence assessment described, but not shown, to us by NBC News.”

Texas: State acts to ensure disabled Texans are able to vote | San Antonio Express-News

The state will “effective immediately” begin making it easier for disabled Texans who receive job training to register to vote. The action comes after a disability rights group threatened to sue last week if changes weren’t made. The Texas Workforce Commission said in a letter they will begin the process of implementing voter registration services to disabled Texans served by its Vocational Rehabilitation Program. “Please note that the State of Texas … is committed to making sure that all eligible Texans have the opportunity to register to vote, including Texans with disabilities,” the TWC and the Texas Secretary of State office wrote in a joint letter this week.

Texas: Weaknesses in Texas’ voting systems put under microscope | KXAN

Are Texas voting systems susceptible to a hack? Who polices wrongdoing at the polls? Should lawmakers make any changes to help Texas elections run more smoothly? State senators met Thursday to address concerns of fraud, irregularities and weaknesses in the system. Lt. Gov. Dan Patrick tasked a Senate select panel to address a handful of issues pertaining to election security. Sen. Bryan Hughes, R-Mineola, who chairs the committee, said there are few rights more precious than the right to vote. He said he expected the bipartisan group to take a “thorough look” at making possible changes to “ensure Texas is still leading on voting security.” 

Texas: In lawsuit, activists say Texas’ winner-take-all approach to the Electoral College is discriminatory | The Texas Tribune

Saying Texas’ current practice is discriminatory, a group of Hispanic activists and lawyers has sued the state in hopes of blocking it from awarding all of its Electoral College votes to one candidate during presidential elections. The lawsuit filed in federal court Wednesday calls on Texas to treat voters “in an equal manner” by abolishing that “winner-take-all” approach, which all but two states use. The suit, filed by the League of United Latin American Citizens and a coalition of Texas lawyers, says that approach violates the U.S. Constitution and the 1965 Voting Rights Act. It’s just one of many pending voting rights lawsuits arguing that Texas, which regularly votes Republican, has illegally discriminated against voters of color. 

Texas: Disability rights group threatens to sue Texas over voter registration | Houston Chronicle

Lawyers for a disability rights group are threatening to sue the state for failing to provide voter registration services to Texans with disabilities who obtain job training from state agencies, a violation of federal law, according to a letter sent Monday afternoon. The letter, from lawyers with the Coalition of Texans with Disabilities and the Texas Civil Rights Project, states that under the 1993 National Voter Registration Act, Texas is mandated to make it easier for disabled people to register to vote if they receive job training from state agencies.

Texas: State Defends Against Latino Voting-Rights Claims | Courthouse News

There are only two Latinos out of 18 judges on Texas’ highest courts, and a federal trial that started Monday will examine voters’ claims that the state’s electoral system for these courts dilutes the Latino vote. La Union Del Pueblo Entero, or LUPE, a nonprofit founded by the late migrant-rights activist Cesar Chavez, claims the election system for the Texas Supreme Court and Texas Court of Criminal Appeals is rigged against Latinos. Joined by seven Latino Texans, LUPE sued Texas in July 2016, alleging the state’s at-large system for electing judges for these courts dilutes the Latino vote in violation of the Voting Rights Act. LUPE is represented by the Lawyers Committee for Civil Rights Under Law, a nonpartisan Washington, D.C. nonprofit, and Texas RioGrande Legal Aid. LUPE overcame Texas’ arguments that it lacks standing by citing some startling statistics about the history of Hispanic judges on the courts.

Texas: Case targeting Texas’ statewide elections of judges goes to trial today | The Texas Tribune

The list of voting rights challenges Texas is fighting in court lengthens this week with the beginning of a federal trial in a case challenging the way the state elects judges to its highest courts. As part of a lawsuit filed on behalf of seven Latino voters and a civil rights organization, U.S. District Judge Nelva Gonzales Ramos of Corpus Christi will consider whether the statewide method of electing judges on the Texas Supreme Court and Court of Criminal Appeals dilutes the voting power of Texas Latinos and keeps them from electing their preferred candidates.

Texas: Displaced Harvey Victims With Suspended Registration Can Still Vote In The 2018 Primary Elections | Houston Public Media

Many Houstonians who’ve been forced to live in hotels or an Airbnb since their home was flooded by Hurricane Harvey may find out online that their voter registration has been suspended. But that won’t stop displaced residents from being able to vote in the March primaries. “Absolutely, they can still vote,” said Sue Hastings, Manager of Voter Registration at the Harris County Tax Assessor’s Office.

Texas: Hurricane Harvey victims shocked to find out voter registration was suspended | KTRK

Displaced Hurricane Harvey victims still struggling to recover are now having to worry about one more thing: whether they can vote in next month’s primary. The problem of suspended voter registrations began bubbling up this week. Nikki Thomason, one of hundreds of people displaced when her Thornwood neighborhood filled with water, never thought her right to vote could be swept away too. “Angry, angry, you know it’s kind of funny the people who are angriest with the government right now, are the people whose votes have been suspended,” she said.

Texas: Changing redistricting rules could change who Texas sends to Congress – dramatically | The Texas Tribune

Drawing clever political districts is one way politicians in Texas and elsewhere avoid accountability — by protecting themselves from voters who disagree with them. They do this by stuffing weirdly shaped geographic districts with voters who agree with them. A new examination of redistricting shows how effective legislators have done that nationally — and in Texas, and how changing the rules for drawing political maps could dramatically change who represents you at the state and federal Capitols. FiveThirtyEight unleashed a fascinating series of maps for their Gerrymandering Project series Thursday as the U.S. Supreme Court considers several cases that could solidify or disrupt redistricting practices in Texas and other states. 

Texas: New law forces Texans who want to vote by mail to apply by mail first | Houston Chronicle

A small change took place during the state special legislative session last year, one that at least one local election administrator expects will make it harder for Texans to apply to vote by mail. Texans who want to apply to vote by mail in the state must now do so by mail. In the past, voters could also apply by email or fax. Those options still exist, but they must be supplemented with a mailed application, received by the early voting clerk after no more than four business days. The change, which was passed as part of SB 5, would “make it more challenging for voters to apply for that ballot,” Fort Bend County Election Administrator John Oldham wrote in a news release.

Texas: Dallas Democrats strike back at GOP lawsuit to remove 128 candidates from primary ballot | Dallas Morning News

Lawyers for 14 of the 128 Democratic candidates whom the Dallas County GOP is trying to have removed from the March primary ballot have asked a court to dismiss the case. According to a document filed late Monday on behalf of 14 candidates threatened with removal, the Dallas County Republican Party and its chairwoman, Missy Shorey, have no standing to bring the suit, since they are not candidates in the election. “The DCRP is clearly not a candidate and Shorey does not allege that she is a candidate for any office,” according to the filing from the lawyers. “As such, neither the DCRP nor Shorey have the necessary personal interest to have standing to seek the removal of any candidate from the ballot.”

Texas: Trump voting commission asked for Texas lists flagging Hispanic voter surnames | The Washington Post

President Trump’s voting commission asked every state and the District for detailed voter registration data, but in Texas’s case it took an additional step: It asked to see Texas records that identify all voters with Hispanic surnames, newly released documents show. In buying nearly 50 million records from the state with the nation’s second-largest Hispanic population, a researcher for the Presidential Advisory Commission on Election Integrity checked a box on two Texas public voter data request forms explicitly asking for the “Hispanic surname flag notation,” to be included in information sent to the voting commission, according to copies of the signed and notarized state forms. White House and Texas officials said the state’s voter data was never delivered because a lawsuit brought by Texas voting rights advocates after the request last year temporarily stopped any data handoff.

Texas: Texas voting rights litigation spotlights Greg Abbott’s role | Fort Worth Star-Telegram

Days before Martin Luther King Jr. Day, the scene that played out among the Greater Arlington Missionary Baptist Church’s wooden pews was, in some ways, reminiscent of the civil rights movement from decades before. Civil rights activists and social justice advocates had gathered to plan a protest. They talked about the fight for equity and the importance of standing up for their community. And they discussed the role of a collective voice to draw attention to the grievances laid out by the NAACP’s Arlington branch over the selection of Gov. Greg Abbott as the North Texas MLK parade’s honorary grand marshal. Abbott “has done more to damage and undermine African-American and Latino civil and voter rights” than any modern-day governor, the NAACP-Arlington said. It pointed, in part, to the role of Abbott, a former attorney general, in both defending and advocating for redistricting maps and strict voter ID requirements that have been tangled up in court for years over concerns they discriminate against Texans of color.

Texas: U.S. Supreme Court dismisses Texas Democrats’ partisan gerrymandering appeal | The Texas Tribune

Texas, for now, will not join the list of states fighting in court over the limits of partisan gerrymandering. As it considers cases out of other states over whether extreme practices of partisan gerrymandering can be deemed unconstitutional, the U.S. Supreme Court on Tuesday dismissed the efforts of Texas Democrats and other plaintiffs to revive a related legal claim in the ongoing litigation over the state’s political boundaries. The high court’s dismissal comes just days after it agreed to hear a case over whether Texas’ congressional and House district boundaries discriminate against voters of color. In that case, the state appealed a three-judge panel’s ruling against the state that included findings of intentional discrimination by state lawmakers, unconstitutional racial gerrymandering and violations of the Voting Rights Act.