Texas: State Senate panel targets mail-in ballot fraud after high-profile case | The Texas Tribune

A Texas Senate panel approved a measure Sunday aiming to crack down on mail-in ballot fraud — largely through increased penalties.  “Mail-ballot voting is a prime target for illegal voting and election fraud,” said Sen. Kelly Hancock, R-North Richland Hills, who authored the measure, Senate Bill 5. “In the U.S., the right to vote is sacred. Any attempt to steal an American’s vote … must be addressed.” In a 9-0 vote, the Senate Committee on State Affairs sent the bill to the full chamber. The mail-in voting issue was among the items Gov. Greg Abbott placed on his call for the special legislative session that kicked off last week. The focus on absentee balloting puts the Republican-dominated legislature on a new path for changing the voting process by addressing a documented vulnerability in Texas elections. Previously, lawmakers targeted rare in-person election fraud with voter ID legislation eventually blocked by federal courts.

Texas: Trump DOJ: Trust Texas to Fix Racist Voter ID Law Without Court Oversight | Texas Observer

Under the Obama administration, the U.S. Department of Justice (DOJ) waged legal war against the voter ID rules Texas lawmakers passed in 2011, saying the new restrictions would disproportionately impact minority voters. That finding was later validated by multiple federal court rulings, two of which concluded the state’s GOP majority passed a deliberately racist bill. This week brought another sign of the 180-degree change on voting rights cases under the Trump administration’s DOJ, which on Monday filed a legal brief that argues Texas should be allowed to fix its voter ID rules without federal intervention or oversight. The filing also argues that the courts should simply trust Texas to educate voters on the tweaked voter ID law the Legislature passed earlier this year, despite the state’s faceplant trial run when it tried to implement those rules during last year’s presidential election. Experts say it’s a remarkable argument, given the history of the state’s years-long legal struggle to implement some version of a voter ID law that U.S. Supreme Court Justice Ruth Bader Ginsburg once called “the strictest regime in the country.”

Texas: Judge Weighs Scrapping Reformed Texas Voter-ID Law | Courthouse News

Opponents of Texas’ new voter ID law asked a federal judge this week to return the state’s election rules to the days when people could access the polls with a voter registration card. Texas has been embroiled in a legal battle over its voter ID laws since 2011 when the Republican-controlled Legislature passed Senate Bill 14, claiming it was necessary to address Texans’ voter fraud concerns. Buoyed by the election of President Donald Trump, who claims he lost the popular vote in November to Hillary Clinton because 2 million people voted illegally, Texas claims in court filings that changes it’s made to its voter ID law sufficiently address the concerns of the Fifth Circuit that found SB 14 disenfranchises minorities, who are more likely to vote for Democrats.

Texas: Will Federal Judges Be Able to Fix Texas Voting Rights Before 2018 Elections? | The San Antonio Current

While Texas lawmakers dive into an encore legislative session at the capitol this month, a few high-ranking federal judges are quietly weighing whether or not the legislature intentionally passed laws that discriminate against minorities. These decisions are based on two separate, long-brewing cases, both rooted in Texas election laws, both rushing to wrap up before the looming 2018 election cycle, and both guaranteed to significantly shake up national politics. The first legal battle began in 2011, when the Texas Legislature drafted new state and congressional districts to keep up with the quickly-expanding population. Most of those new Texans were Latino and African American — a shift that eventually made white Texans a minority population in the state. According to voting rights advocates and federal judges, conservative lawmakers weren’t eager about their new black and brown (and predominantly Democrat) neighbors. So, they claim, the GOP-led legislature redrew district lines to dilute the votes of new black and brown Texans.

Texas: Trump administration: Trust Texas on voter education spending | The Texas Tribune

Federal courts should trust Texas to properly educate voters on new ID rules ahead of the 2018 elections instead of insisting that money be spent on a marketing campaign, President Trump’s justice department argued in a filing Monday. The filing, part of the Trump administration’s recent support for Texas in its years-long battle over the state’s 2011 voter ID law, comes despite widespread criticism of Texas’ voter education efforts ahead of the 2016 election. U.S. District Judge Nelva Gonzales Ramos is considering what, if any, consequences Texas should face following her April ruling that lawmakers intentionally discriminated against minority voters by passing the nation’s strictest voter ID law six years ago.

Texas: Harris County, Texas, Officials Won’t Say Whether Election Systems Were Targeted | Government Technology

Despite widespread alarm over the breadth of Russian cyber attacks on state and local election systems last year, including revelations of Dallas County being targeted, Harris County officials are refusing to say whether hackers similarly took aim at the nation’s third-largest county. Releasing information on whether Harris County election systems saw attacks from Russian hackers would threaten the county’s cyber security by emboldening hackers to further target local systems, county officials said this week.  The county’s argument was dismissed by experts, who said the secrecy is unnecessary, and could actually downplay the seriousness of the threat and the resources needed to combat it. “There’s this concept in security called ‘security through obscurity,’ sort of, if they don’t know about it they won’t come after it,” said Pamela Smith, a consultant at Verified Voting, a San Francisco-based nonprofit that promotes voting integrity. “But to really have robust security, you want people to be able to know that it’s there … I think what the public wants to know is that you’re aware of the threat and you’re taking steps to mitigate.”

Texas: As Texas redistricting trial ends, judges skeptical of state’s defense | The Texas Tribune

The state of Texas faced a healthy dose of judicial skepticism on Saturday as its lawyers laid out final arguments in a trial over whether lawmakers intentionally discriminated against minority voters in enacting current Texas House and Congressional district maps. A three-judge panel peppered lawyers from Texas Attorney General Ken Paxton’s office with questions that suggested they were having trouble swallowing the state’s defense of its maps, premised on the argument that lawmakers were merely following court orders in creating them. The state Legislature adopted the maps in 2013 in an effort to half further legal challenges that began in 2011. In the final hours of six days of hearings, U.S. District Judge Xavier Rodriguez said he saw “nothing in the record,” to suggest the 2013 Legislature, before approving the boundaries, considered fixing voting rights violations flagged by another federal court identified ahead of time. 

Texas: With 2018 election looming, Texas back in court over political maps | The Texas Tribune

Eight months ahead of the 2018 primaries, Texas and its legal foes on Monday will kick off a week-long trial that could shake up races across the state. The state and minority rights groups have been squabbling for six years over new political district boundaries drawn following the 2010 census. As part of a long-winding legal battle, a panel of three federal judges this week will reconvene in a federal courthouse here to consider the validity of the state’s political maps and whether changes should quickly be made to the state’s House and Congressional boundaries ahead of the midterm elections. At issue is whether the current boundaries violate the voting rights of millions of Texans of color.

Texas: State accused of withholding documents in Texas redistricting case | San Antonio Express-News

Plaintiffs challenging the 2013 redistricting maps on Tuesday accused the state of improperly delaying the release of thousands of pages of documents from them, including 113 documents that state lawyers refuse to hand over because they say they are privileged. The spat may further delay a conclusion to the weeklong trial, which already was frustrating judges on Tuesday because of repetitive questions during the House maps portion of the trial. Testimony over congressional maps was heard late Tuesday. Many of the documents in question pertain to communications of the chairman of the 2013 redistricting committee, Rep. Drew Darby, R-San Angelo, with other people involved in the redistricting, according to a lawyer for the plaintiffs.

Texas: Why Texas is Texas: A gerrymandering case cuts to the core of the state’s transformation | Los Angeles Times

Civil rights groups descended on a San Antonio courthouse Monday to challenge the constitutionality of the state’s current redistricting maps and accuse Republican legislators of deliberately drawing them to dilute the voting power of minorities. The trial is only the latest round in a long-running Texas saga over gerrymandering and race. Voting rights advocates have long accused Texas Republicans of working to undermine the growing political clout of Latino and African American voters by intentionally — and unfairly — cramming them into districts or splitting them up so they are outnumbered. Republican legislators still control roughly two-thirds of State House and Senate and congressional seats.

Texas: Voting rights battle in Pasadena could have Texas-wide legal ramifications | The Texas Tribune

Cody Ray Wheeler has a cowboy’s name. It’s a product, he says, of being born the son of a North Texas refinery worker. In some ways it’s emblematic of a changing Texas: Wheeler, who is Hispanic, represents a city council district with a majority-white voting constituency in this Houston suburb. It’s also a name that has put him at the center of a voting rights battle over whether city leaders here pushed changes to the council map to undercut the electoral power of a booming Hispanic majority. “A Hispanic wasn’t supposed to win that seat,” Wheeler said over barbecue on a recent steamy afternoon. He’s convinced his non-Hispanic last name made the difference in his narrow 33-vote margin of victory in 2013. “I could not run as a Hispanic candidate,” he said. “I would’ve lost.”

Texas: Redistricting trial opens with accusations 2013 maps diluted minority vote | Houston Chronicle

Civil rights groups and minority lawmakers opened a redistricting trial Monday with testimony they say shows the GOP-controlled Legislature illegally diluted the minority vote when it adopted temporary, court-ordered maps in 2013 as long term. The trial, in front of a bipartisan three-judge panel, is the latest chapter in a long-running dispute over which party will wield more or less power in Texas as a result of the once-a-decade redrawing of political lines. It grows out of a lawsuit filed in 2011 by minority groups and politicians who accuse the state of suppressing the minority vote through racial and partisan gerrymandering. The judges’ panel has previously denied the partisan gerrymandering claims but is taking up racial gerrymandering claims.

Texas: Judges to determine fate of Texas political districts | Austin American-Statesman

In a confrontation six years in the making, a federal court in San Antonio will devote the upcoming week to a jam-packed trial that will determine whether Texans have been electing members of the U.S. House and Texas House in districts that discriminate against minority voters. If the challenge to the maps succeeds, many Texans can expect to be voting in new districts during the 2018 primary and general elections — giving Democratic candidates a boost in areas redrawn to give greater clout to Latino and African-American voters. The trial before a three-judge panel begins Monday. The days will be long, starting at 8 a.m. and ending about 6 p.m., and the testimony will include a dense blend of legal theory, statistical analysis and expert opinion.

Texas: The Justice Department Says Texas’s Voter ID Law Is No Longer Discriminatory | The Atlantic

One of the toughest voter ID laws in the country might soon be back in use, only this time with a stamp of approval from the Department of Justice. On Wednesday, the department submitted a brief to the U.S. District Court in Corpus Christi, Texas, in support of the state’s Senate Bill 5. The legislation is currently facing a lawsuit in that court from plaintiffs who claim it discriminates on the grounds of race. In its current form, it requires voters to have an authorized photo ID—driver’s license, passport, military identification, or gun permit—or a signed affidavit and other identifying documentation, like a utility bill, in order to cast a ballot. This is the third time a Texas voter ID law has gone through the courts, each time through Judge Nelva Gonzales Ramos, who in 2014 called a 2011 bill’s even stricter ID requirement—it didn’t offer affidavits as an option—a “poll tax without the tax.” 

Texas: Trump administration: New Texas voter ID law fixes discrimination | The Texas Tribune

Texas’ new voter identification law fully absolves the state from having discriminated against minority voters in 2011, and courts should not take further action in a battle over the state’s old voter ID law, President Donald Trump’s Department of Justice argued in a legal filing Wednesday. “Texas’s voter ID law both guarantees to Texas voters the opportunity to cast an in-person ballot and protects the integrity of Texas’s elections,” the filing stated. Federal lawyers were referring to Senate Bill 5, which Texas Gov. Greg Abbott signed into law last month. It would soften a 2011 voter ID law — known as the nation’s most stringent — that courts have ruled purposefully burdened Latino and black voters. If allowed to take effect, the law would allow people without photo ID to vote if they present alternate forms of ID and sign affidavits swearing a “reasonable impediment” kept them from obtaining what was otherwise required. 

Texas: Why one of the largest counties in Texas is going back to paper ballots | The Texas Tribune

Frank Phillips spent last Wednesday staring down 600 boxes of election materials — voted ballots, blank ballots, precinct records — sitting in a warehouse run by Denton County. After sitting in storage for the legally required periods — up to nearly two years in some cases — the roughly 24,000 pounds of paper were finally ready to be shredded. Yet despite the hassle — and the significant cost — Phillips, Denton County’s elections administrator, is looking forward to this fall, when he will implement the county’s newest voting plan: a complete return to the paper ballot. The unusual move sets Denton, the ninth-largest county in Texas and one of the fastest-growing, apart from the state’s other biggest counties, which all use some form of electronic voting, according to data collected by the Secretary of State’s office. Both Bexar and Harris Counties, for example, have had all electronic voting systems in place for 15 years.

Texas: State joins majority in ending straight-ticket voting | CNHI

Gov. Greg Abbott recently resolved the future of straight-ticket voting in Texas when he signed a bill to eliminate the option, but the impact of the new law on future elections is far from certain. “It’s a fairly audacious move by Republicans,” said Rice University political scientist Mark Jones. “They may or may not benefit. They really don’t know.” Green Party and Libertarian Party members testified during a House hearing in favor of doing away with straight-ticket voting, while Texas Democrats strongly favor continuing the practice.

Texas: Texans had problems voting in presidential election | Fort Worth Star-Telegram

Nearly 9 million Texans headed to the polls in November to weigh in on the fierce battle for the White House — and many stumbled upon roadblocks while trying to cast their votes. Texas voters faced long lines, equipment glitches, intimidation — and confusion over the state’s Voter ID law and whether photo IDs were still required — according to a new report, Texas Election Protection 2016. “Unfortunately, through the state, voters faced numerous obstacles that complicated the process,” said Beth Stevens, voting rights director at the Texas Civil Rights Project that compiled the report. “We heard directly from thousands of voters about the barriers they faced in our electoral system. “Texans deserved better.”

Texas: Judge looks to resolve Texas voter ID case before 2018 elections | Austin American-Statesman

With the next election season looming, a federal judge has set a fast-paced schedule for determining whether Texas should be penalized for a voter ID law found to have been written to intentionally discriminate against minority voters. Saying no additional hearings will be needed in her Corpus Christi courtroom, U.S. District Judge Nelva Gonzales Ramos gave lawyers two weeks to file legal briefs on the matter, with a final round of response briefs due July 17. Ramos also said she wants to receive arguments about whether Texas should be placed under preclearance — meaning the U.S. Justice Department would have to approve changes to voting laws or practices in the state to ensure compliance with the Voting Rights Act. Lawyers for Texas have told Ramos that state election officials need a decision by Aug. 10, when voter certificates are finalized and sent to each county for printing. The officials want the certificates to include information on what form of identification voters need to take to the polls in 2018.

Texas: Group that fueled Trump voter fraud claim scales back 2016 election audit | The Texas Tribune

The Houston-based organization that fueled President Donald Trump’s unsubstantiated claim that “millions” of people voted illegally in the 2016 election says it’s scaling back its effort to catalogue the fraudulent votes it alleged. True The Vote, a watchdog group focused on “election integrity,” says it’s short on the cash needed to complete a forensic audit of the 2016 election — an effort Trump applauded in his first days in the White House. “As it stands, we do not have the funding to do what we want to do. We’ve gathered 2016 voter rolls, we’ve gathered information from thousands of [Freedom of Information Act requests], but we’re limited by the lack of resources,” Catherine Engelbrecht, the group’s founder, said Tuesday in a video message to supporters. “Next steps up are for us to sort of pull back on the national audit, and focus on targeted investigations.”

Texas: Report: State’s voter ID law caused confusion during 2016 presidential election | San Antonio Express-News

Hundreds were delayed from voting and others nearly turned away entirely during the presidential election because of confusion over current state voter ID laws, including in Bexar County, a new report from a voting rights advocacy group shows. It’s just one of numerous problems Texas voters — particularly minority groups — faced during the 2016 election cycle, according to a report by the Texas Civil Rights Project. “Unfortunately, throughout the state, voters faced numerous obstacles that complicated the process,” said Beth Stevens, voting rights director at the Texas Civil Rights Project, which released the report Thursday. “Through our Election Protection Coalition, we heard directly from thousands of voters about the barriers they faced in our electoral system.”

Texas: Could Travis County Have The Best Bet Against Election Hacking? | Texas Monthly

Revelations that Russian hackers tried to break into Dallas County’s web servers, likely with the intention of accessing voter registration files, in the lead up to last November’s election renewed concerns about Texas election security. Both Wednesday night’s news out of Dallas and a Bloomberg report on Monday—which said that the Russian hacking attempts affected 39 states—are forcing states to look inward and re-examine the security of their local and state-level electoral technologies. The particular targets of Russian hackers were the accounts of elections officials and voter registration rolls, which are connected to the internet and are unlike the voting systems that actually do the recording and vote tallying. But a possible security breach of one area of electoral technologies has the potential to ripple out and affect the integrity of other ones. “The reason why this whole Russian hacking thing is a wake-up call is because we’ve been caught not paying as much attention as we should have in an area that all of us didn’t think was that vulnerable,” Dana DeBeauvoir, the Travis County clerk since 1987, says. “And yet it has turned out to be extremely vulnerable in ways we did not expect.”

Texas: As court scoldings pile up, will Texas face a voting rights reckoning? | The Texas Tribune

Nearly two hours into the House’s marathon budget debate this spring, a conversation about funding the state’s future U-turned toward the past. Triggering the about-face: the issue of redistricting, the once-a-decade process of redrawing political boundaries to address population changes. State Rep. Chris Turner, D-Arlington, laid out an amendment seeking to bar Texas Attorney General Ken Paxton’s office from using more taxpayer money to defend a congressional map that a court had just declared unconstitutional — ruling that it was intentionally drawn to discriminate against minorities. Paxton’s office had already spent millions of dollars on the case. As he explained his amendment, Turner called Texas the “worst of the worst” voting rights violators. The Republican-dominated chamber was destined to table the amendment, pushing it to a pile of Democrats’ other long-shot proposals. But first, Rep. Larry Phillips strolled to the front mic to defend his colleagues — past and present.

Texas: Answering 5 Questions About Dallas’ Mail-In Ballot Investigation After the Runoffs | Dallas Observer

On Saturday afternoon, a couple of hours before the first results would be released in Dallas’ three City Council runoffs, the specter that had hung over Dallas municipal elections all spring reared its ugly head again. Dallas County Elections Administrator Toni Pippins-Poole announced that the vast majority of mail-in ballots cast in the runoff elections would be sequestered on election night, potentially putting the results of the three pivotal council contests in limbo until the votes could be verified. The Dallas County District Attorney’s Office filed paperwork Thursday to hold back any ballot with which the person voting received assistance until that ballot could be more closely examined.

Texas: Scrap new Texas voter ID law, plaintiffs tell federal judge | The Texas Tribune

A new law softening Texas’ strict voter identification requirements doesn’t absolve the lawmakers from intentionally discriminating against minority voters in 2011 — nor would it properly accommodate those voters going forward, the state’s opponents in a long-running lawsuit argued Wednesday. “Unfortunately, what the court is in the midst of is a larceny in progress,” Chad Dunn, a lawyer representing some of the challengers, told U.S. District Judge Nelva Gonzales Ramos, accusing the Texas Legislature of trying to skirt responsibility for its sins of discrimination — reminiscent of state actions in the 1950s and 1960s. “It is a litigation strategy masquerading as a legislative function.”

Texas: U.S. judge asked to void Texas voter ID law | Austin American-Statesman

Lawyers for minority voters and politicians asked a federal judge Wednesday to void the Texas voter ID law, saying it is the next logical step for a statute found to be discriminatory. The lawyers also said they will ask U.S. District Judge Nelva Gonzales Ramos to require Texas officials to get U.S. Justice Department approval for any future changes to election law or voting procedures to guard against additional attempts to discriminate against minority voters. Wednesday’s hearing was called to chart the next steps in the case after Ramos ruled in April that the state’s 2011 voter ID law was written by Republicans to intentionally discriminate against minority voters, who tend to favor Democrats.

Texas: Appeals court to weigh Texas voting law limiting language interpreters | The Texas Tribune

Amid last-minute efforts to overhaul the state’s voter identification law in light of an ongoing legal fight, the Texas Legislature gaveled out without addressing another embattled election law that’s now moving forward in federal court. The U.S. 5th Circuit Court of Appeals on Thursday will take up a legal challenge to an obscure provision in the Texas Election Code that requires interpreters helping someone cast a ballot to also be registered to vote in the same county in which they are providing help. That state law has been on hold since last year after a federal district judge ruled it violated the federal Voting Rights Act under which any voter who needs assistance because of visual impairments, disabilities or literacy skills can be helped in casting a ballot by the person of their choice, as long as it’s not their employer or a union leader.

Texas: Pasadena to select new mayor amid voting rights fight | Houston Chronicle

Julio Jimenez does not have much to get excited about in Pasadena politics. The 24-year-old said young voters like him feel ignored and disconnected. As he has grown up in the working class Houston suburb, he has seen investment in infrastructure pour into the city’s wealthier, whiter south side, miles from his home on the industrial north side. Now, faced with a runoff election between two Anglo mayoral candidates – John Moon Jr. and Jeff Wagner – who do not reflect his background, nor that of the city’s burgeoning Hispanic population, Jimenez said he is just “pissed off.” “I wanted to vote for a Hispanic,” Jimenez said outside Pasadena City Hall, after casting a vote for Moon.

Texas: Court eyes next step in Texas voter ID challenge | Austin American-Statesman

The next stage in the legal challenge to Texas’ voter ID law begins Wednesday morning in a federal courtroom in Corpus Christi. U.S. District Judge Nelva Gonzales Ramos, who has already ruled that the Republican-backed voter ID law was enacted in 2011 with the intent to discriminate against minority voters, will confer with lawyers on how best to determine whether Texas should be penalized for violating the U.S. Voting Rights Act. One possible remedy, Ramos has acknowledged, would be to require Texas to gain U.S. Justice Department approval before making any future changes to election law or voting procedures. Ramos has ordered lawyers on both sides to be ready to discuss whether a hearing is needed on possible remedies and how long such a hearing might take, as well as potential deadlines for legal briefs.

Texas: Prosecutors issue first arrest warrant in West Dallas voter fraud case | Dallas Morning News

Authorities have issued their first arrest warrant in the Dallas County voter fraud case that roiled the May municipal elections in West Dallas and Grand Prairie, causing 700 suspicious mail-in ballots to be sequestered. Miguel Hernandez, 27, of Dallas, is wanted on a charge of illegal voting, a third-degree felony. He is accused of visiting a woman around April 10 and collecting her blank absentee ballot, then filling it out and forging her signature on it before mailing it to the county, according to an arrest warrant affidavit. Authorities say they plan to make more arrests in the case. Last month, Assistant District Attorney Andy Chatham and Elections Administrator Toni Pippins-Poole named two persons of interest in the investigation, neither of whom was Hernandez.