Texas: Judge allows suit challenging how Texas elects judges to its highest courts | San Antonio Express-News

A federal judge has denied the state of Texas’ attempt to quash a lawsuit that challenges the way the state elects judges to the Texas Supreme Court and Court of Criminal Appeals. Seven Hispanic voters (six from Nueces County and one from El Paso) and a civic organization, La Unión Del Pueblo Entero Inc., allege in the suit that Latino candidates almost always lose statewide elections for judges to the two highest courts in Texas. In an opinion issued Monday, U.S. District Judge Nelva Ramos ruled that all the plaintiffs have standing to bring the suit under the Voting Rights Act.

Texas: She voted illegally. But was the punishment too harsh? | The Washington Post

Rosa Ortega stirred herself awake at the sound of a prison guard yelling in her dreams. “It’s just a nightmare,” Oscar Sherman assured her as the pair rested in his low-slung apartment complex in a desolate part of town. “It’s over now.” “My mind’s not right,” Ortega said later that afternoon. “I have nightmares. I can’t combine foods. I’m always on top of everything, but my brain hurts. It can’t stop thinking about the situation.” The situation is that Ortega, 37, voted illegally and has become the national face of voter fraud, a crime that President Trump and other Republicans believe is an epidemic endangering the integrity of American elections, even though no evidence supports the claim.

Texas: Pasadena officials question voting rights appeal | Houston Chronicle

In a sign of waning confidence in its legal position, the Pasadena City Council voted Tuesday to withhold payment from the law firm that's trying to prove that the city's redistricting plan doesn't discriminate against Hispanics. The 7-1 vote, with Mayor Johnny Isbell absent, exposed the degree to which the mayor has unilaterally pressed for an appeal of a federal judge's ruling that the plan was discriminatory. Council members complained they don't fully understand the status of the lawsuit or of the work being done by Bickerstaff Heath Delgado Acosta LLP of Austin.

Texas: Senate Committee approves Texas voter ID overhaul | The Texas Tribune

A Texas Senate panel cleared legislation Monday that would overhaul the state's voter identification rules, an effort to comply with court rulings that the current law discriminates against black and Latino voters. The Senate State Affairs Committee voted 7-0 to send the legislation to the full chamber. Filed by Committee Chairwoman Joan Huffman, Senate Bill 5 would add options for Texas voters who say they cannot “reasonably” obtain one of seven forms of ID currently required at the polls. It would also create harsh criminal penalties for those who falsely claim they need to choose from the expanded list of options.

Texas: Court asked to block Texas congressional map for 2018 election | Austin American-Statesman

Texas should be blocked from using a map of congressional districts that was found to have been drawn in violation of the U.S. Voting Rights Act, a federal court was told Thursday. The motion, filed with a three-judge panel in U.S. District Court in San Antonio, follows a March 10 ruling that invalidated three districts, including one in Travis County, that the court said were drawn by Republicans to intentionally discriminate against Latino and black voters. That ruling, however, did not mandate or discuss any remedies to correct the problems. Attorney General Ken Paxton has argued that there is no need to redraw the congressional map because the court invalidated districts that were drawn in 2011, while Texans have been electing members of Congress according to a map that the Legislature adopted in 2013. But according to the motion filed Friday, the three districts invalidated in the 2011 map were little changed in the 2013 version.

Texas: Lawmaker pulls bill to change early voting in Texas | Austin American-Statesman

The future of a bill that trims down the early voting period is uncertain after its author withdrew it from committee consideration Monday following logistical concerns from the attorney general’s office and county election officials. House Bill 288, authored by state Rep. Mark Keough, R-The Woodlands, would have shrunk the early voting period from 12 to seven days and pushed it closer to Election Day. Jason Millsaps, Keough’s chief of staff, said the attorney general’s office had concerns with how the bill could impact litigation over the state’s voter ID law. The attorney general’s office was worried prosecutors in federal court could potentially use HB 288 as an example of attempted voter suppression, Millsaps said.

Texas: A backstory on the Texas redistricting ruling | San Antonio Express-News

Last week’s ruling by a three-judge panel in San Antonio that the Texas Legislature racially discriminated in drawing three congressional districts is being hailed as a major civil rights triumph in some legal quarters. “This is a huge victory for voting rights plaintiffs,” wrote nationally recognized elections law expert Richard Hasen in his Election Law blog. He predicted the 2-1 decision was unlikely to be overturned by the U.S. Supreme Court because “it closely tracks Justice (Anthony) Kennedy’s views of the issues in this area.”
Kennedy is often the swing vote on the closely divided court. Hasen said the ruling was especially important because it could lead to Texas once again being required to preclear redistricting and other election matters with the Justice Department, as it was before the Supreme Court gutted the Voting Rights Act in 2013. This is because Judges Xavier Rodriguez and Orlando Garcia found intentional discrimination in the case.

Texas: Groups awaiting latest decision regarding the long-contested voter photo ID law | SE Texas Record

Groups and individuals suing the state recently presented evidence in a hearing to determine whether or not the voting ID law, also known as SB 14, was enacted in 2011 with discriminatory intent. The January hearing was delayed to allow the Department of Justice to review the case with the new administration. Texas and the DOJ sought to delay the hearing again, but was denied the request. The Feb. 28 hearing took place with U.S. District Judge Nelva Gonzales Ramos and is awaiting final decision. SB 14 makes Texas’ voting law the strictest in the country, requiring voters to have a photo ID from a very narrow, specific list allowable IDs. Evidence was presented to courts showing about 650,000 Texans do not have IDs that qualify under SB 14.

Texas: Effort advances to eliminate straight-party voting in Texas | Community Impact

The push to eliminate one-punch voting in Texas is once again alive. A bill proposed by Rep. Ron Simmons, R-Carollton, was voted out of the House Elections Committee Monday evening, 5-2, and will face debate on the House floor. Texas is one of nine states nationally that currently still offers this option to voters on election days. This style of voting has become a popular topic of contention among statewide officeholders because of its nature to vote out less popular office holders with partisan trends. When Lt. Gov. Dan Patrick served in the state Senate, he was one of the leaders behind this charge.

Texas: Analysis: Texas could find itself back in the voting rights penalty box | The Texas Tribune

Texas lawmakers intentionally discriminated on the basis of race when they drew redistricting maps in 2011, according to a long-delayed federal ruling delivered last Friday night. That could eventually force the state to redraw the districts for the 36 members of its congressional delegation. Three districts of those districts are invalid, the judges found, and reworking them could have ripple effects for the districts around them. But that business about “intentional discrimination” could turn out to be much more significant: The courts could order the state to get federal government permission for any future changes to its voting and election laws.

Texas: Voting map ruling has long-term impact | The Star-Telegram

Don’t believe Texas Attorney General Ken Paxton when he says it’s no big deal that a federal court ruled state legislators used racial gerrymandering to draw congressional districts back in 2011. He’s pulling your leg. Paxton is right that the Legislature replaced the 2011 voting map in 2013. He’s not quite right when he says there are “no lines to redraw,” because some of the problem districts have the same lines in both maps.

Texas: Voter ID changes clear Senate committee | Austin American Statesman

A unanimous Senate committee on Monday approved legislation to loosen several requirements while creating harsher penalties in the state’s voter ID law. Senate Bill 5 would codify most of the court-ordered changes to the 2011 law after a federal appeals court ruled last year that it discriminated against minority and poor Texans, infringing on the voting rights of about 600,000 registered voters who lacked a government-issued photo ID.

Texas: Texas lost a ruling over its congressional map. So what’s next? | The Texas Tribune

A three-judge federal panel's recent ruling on Texas’ electoral maps could shake up state politics and carry national implications. The ruling may initially sound simple enough. Texas intentionally discriminated against black and Latino voters in drawing its 2011 congressional map, the majority found in a 2-1 ruling Friday night. More specifically: Three of the state’s 36 districts violate either the U.S. Constitution or the Voting Rights Act. But little is straightforward about redistricting, the once-a-decade process of rejiggering political boundaries to address the changing population. Friday’s ruling was no exception, simultaneously answering questions and raising new ones. “It’s a gigantic ruling, but it leaves a lot of uncertainty,” said Michael Li, a redistricting expert with the Brennan Center for Justice at New York University Law School. “It makes your head hurt.”

Texas: Congressional Maps Are Struck Down for Discrimination | The New York Times

A panel of federal judges in San Antonio has ruled that a handful of Texas congressional districts drawn by the Republican-dominated state Legislature in 2011 discriminated against black and Hispanic voters and violated the Voting Rights Act and the Constitution. The ruling striking down the maps was made late Friday. It is the latest development in a long-running and racially charged redistricting case that locked Democratic lawmakers, minority groups, the Obama administration and the Texas Republican leadership in a legal battle for nearly six years. Democrats and civil-rights lawyers accused the majority-white Texas Republican leadership of drawing district maps in ways that diluted the voting power of Democratic-leaning minority voters, accusations that Republicans denied.

Texas: Bill would make voter fraud claims public information | San Antonio Express-News

The Texas secretary of state’s office has sent 443 allegations of voter fraud to the state attorney general’s office for investigation since 2002. Just don’t ask about them. To the dismay of some state lawmakers, the secretary of state’s office will not release what one Democratic senator called “basic information” on allegations of voter fraud. Just down the road, however, the Attorney General’s office makes much of the information public. Now, an Austin lawmaker has filed a bill to require the secretary of state’s office to divulge additional information about voter fraud allegations. “The idea that you can’t tell the public the number of complaints requires some really contorted logic,” Sen. Kirk Watson said.

Texas: Federal panel rules Texas congressional districts illegal | The Texas Tribune

Some of Texas’ 36 congressional districts violate either the U.S. Constitution or the federal Voting Rights Act, a panel of federal judges ruled Friday. In a long-delayed ruling, the judges ruled 2-1 that the Texas Legislature must redraw the political maps it most recently used for the 2016 elections. Specifically, they pointed to Congressional District 23, which stretches from San Antonio to El Paso, takes in most of the Texas-Mexico border and is represented by Republican Will Hurd of Helotes; Congressional District 27, represented by Blake Farenthold, R-Corpus Christi; and Congressional District 35, a Central Texas district represented by Lloyd Doggett, D-Austin. The 166-page ruling by the San Antonio-based district judges was the latest in a complicated case that dates back to 2011, and comes just two election cycles away from the next U.S. Census — when the state would draw a new map under normal circumstances.

Texas: Conclusion of Pasadena voting rights case could be anticlimactic | Houston Chronicle

The biggest upheaval in Pasadena politics in years has been driven largely by the decisions and actions of one man: Mayor Johnny Isbell. It was Isbell who, immediately after a U.S. Supreme Court decision made it possible, proposed the 2013 charter change creating a City Council election system of six district seats and two at-large seats, replacing an all-district seat system. Isbell said adding at-large positions would provide residents with better representation. It was Isbell who emptied his political account to fund a campaign urging support for the charter change and to oppose a council candidate seen as a potential threat. Isbell was the second named defendant, after the city itself, in a 2014 lawsuit claiming the new council structure intentionally diluted Latino voting strength.

Texas: Was Texas Voter ID Law Biased? Justice Deparment Stays Out of Argument | The New York Times

For several days in 2014 at the federal courthouse here, lawyers argued over whether the Texas Legislature had passed its voter identification law motivated, at least in part, by a desire to deter minorities from voting. Lawyers for the Justice Department said it had, as did lawyers for minority voters and civil rights groups. Lawyers for Texas denied the allegation. More than two years later, in the very same courtroom, the same judge listened to what were largely the same arguments made by many of the same lawyers on Tuesday. But there was one significant exception: The Justice Department stayed out of the fight. On Monday, the Trump administration’s Justice Department withdrew its claim that Texas had enacted the law with a discriminatory intent, reversing a position that had been part of the agency’s yearslong legal battle.

Texas: Voter ID law back in court after Justice Department pulls out | San Antonio Express-News

Lawyers for the state of Texas argued during a court hearing in Corpus Christi on Tuesday that the Legislature did not act with discriminatory intent when it passed a voter ID law that has since been struck down, but they also told a judge that lawmakers will make fixes to it in the current Legislative session. Critics, however, said the proposed changes, if passed in newly introduced legislation, are irrelevant to the discriminatory purpose behind the 2011 law’s passage. Plaintiffs that include civil rights groups asked U.S. District Judge Mary Nelva Gonzales Ramos to hold the state accountable. The groups argue that the Texas law has the potential to keep 600,000 voters, mostly African-Americans and Hispanics, away from the polls. They point, for example, to a provision that allows Texas voters to use hunting licenses as identification, but not student identification cards.

Texas: Justice Dept. Drops a Key Objection to a Texas Voter ID Law | The New York Times

The Justice Department on Monday dropped a crucial objection to Texas’ strict voter-identification law, signaling a significant change from the Obama administration on voting-rights issues. The Republican-led Texas Legislature passed one of the toughest voter ID laws in the country in 2011, requiring voters to show a driver’s license, passport or other government-issued photo ID before casting a ballot. The Obama administration’s Justice Department sued Texas to block the law in 2013 and scored a major victory last year after a federal appeals court ruled that the law needed to be softened because it discriminated against minority voters who lacked the required IDs. Opponents of the law said Republican lawmakers selected IDs that were most advantageous for Republican-leaning white voters and discarded IDs that were beneficial to Democratic-leaning minority voters. For example, legislators included licenses to carry concealed handguns, which are predominantly carried by whites, and excluded government employee IDs and public university IDs, which are more likely to be used by blacks, Hispanics and Democratic-leaning younger voters. But the Justice Department under President Trump and Attorney General Jeff Sessions told a judge on Monday that it was withdrawing its claim that Texas enacted the law with a discriminatory intent.

Texas: Trump administration drops Texas voter ID claim | Houston Chronicle

The Trump administration is abandoning the government's six-year-old claim that Texas' voter ID law was intended to discriminate against Hispanics and other minorities, signaling a new course in one of the signature voting rights cases brought by former President Barack Obama. The about-face came on the eve of Tuesday's scheduled hearing before U.S. District Court Judge Nelva Gonzales Ramos in Corpus Christi. It also came a week after the U.S. Justice Department and Texas Attorney General Ken Paxton had asked for a delay in the case because the state legislature is considering changes to the law, which the federal courts already have found to have a discriminatory impact. In court filings Monday, the Justice Department again cited new efforts in the Texas Legislature to "rectify any alleged infirmities" with the 2011 voter identification law, including a "reasonable impediment or indigency exception." A U.S. Justice Department spokesman said the government would remain a party to a broader discrimination lawsuit brought by a number of legal and civil rights groups.

Texas: Judge denies request to delay lawsuit against Texas voter ID | Associated Press

A long-running lawsuit over Texas' contentious voter ID law will move forward in federal court, even as the Republican-controlled Legislature considers how best to modify it. A federal judge on Friday denied a request from the U.S. Justice Department and Texas Attorney General Ken Paxton to delay the case. The Trump administration joined with Texas to ask that next week's hearing be postponed until June when the Texas Legislature's session finishes.

Texas: One-man votes form districts that give developers millions in taxing power | Dallas Morning News

One man, said to be living in a trailer on 600 acres of Collin County farm land, cast the single vote this month to give a developer taxing power. The developer, who needed $63 million to build a subdivision, put the trailer there. The voter, who has a home miles away in McKinney, began renting the trailer shortly before the election. Meanwhile in Dallas, another one-man election this month decided whether a developer would get taxing power to finance a $700 million office-retail project. The person casting the ballot was the 24-year-old son of a vice president at the developer’s company. The company owned the home where he was, at least on paper, living. You can probably guess how that turned out. The two elections, if you can really call them that, remind me of a 2001 News investigation that I wrote with Brooks Egerton called “Government by Developer.” We found that developers across North Texas were quietly winning hundreds of millions of dollars in taxing power from voters and elected officials to whom they provided homes, jobs or other benefits. The power came through governmental taxing districts created in elections required by Texas law. Developers bought raw land for their projects, drew proposed district boundaries to exclude existing residents and then moved the only voters into rent-free mobile homes. The elections had as few as one voter and no more than 10. The voters were sometimes employees of the developer.

Texas: Flawed voting in Texas likely the result of confusion — not fraud, official says | San Antonio Express-News

After confusion over whether several hundred Texans voted improperly in the November election, local election officials say that the ballots in question likely were cast by eligible voters who got caught up in the chaotic scramble to implement a court order loosening the state’s strict voter identification law. The law, adopted in 2011 by the GOP-controlled Legislature and mired in a yearslong court battle, requires voters to show one of seven forms of government-issued photo ID. After federal courts found the law to be discriminatory, a judge in August ordered Texas officials to soften its requirements for the Nov. 8 election by allowing registered voters without one of the required photo IDs to cast ballots if they signed affidavits swearing that they had a “reasonable impediment” to obtaining ID and showed other documentation, such as a birth certificate, utility bill, bank statement or government pay stub.

Texas: Plaintiffs oppose Texas and Justice Department effort to delay hearing on Photo ID law | Asian American Press

Groups and individuals suing Texas over its strict photo ID law filed a brief in U.S. District Court Thursday in opposition to a joint request by the state and the United States Department of Justice (DOJ), who asked to delay a hearing to determine whether the law was enacted with a discriminatory intent. The state and DOJ said in their request that a bill had been filed in the Texas Legislature which, if passed, would amend the existing strict law. Courts have held four times that the current law discriminates against African Americans and Latinos. In opposing the request, plaintiffs argue that the contents of the new legislation are speculative at this point, and that the bill has not yet been passed. Even if passed into law, the bill “has no bearing on whether SB 14, enacted in 2011, was passed with unlawful discriminatory purpose,” they wrote. The intent hearing was ordered by the Fifth Circuit Court of Appeals last summer when it ruled that the Texas law had a discriminatory effect.

Texas: State Attorney General, Trump administration seek to delay voter ID hearing | PBS

The U.S. Justice Department joined Texas’ attorney general Wednesday in asking a federal court to delay a hearing on the state’s voter ID law, the latest signal that the federal government might drop its opposition to the law now that Donald Trump is president. In the joint filing, the Justice Department and Texas Attorney General Ken Paxton asked to delay next Tuesday’s hearing until summer because the Texas Legislature is considering changes to the existing law, which a federal court has found to be discriminatory. Barack Obama’s Justice Department had joined the lawsuit contesting it.

Texas: Senate unveils new voter ID legislation to fix flaws | Houston Chronicle

A new attempt to enact voter identification rules to comply with court decisions that ruled a current law discriminates against minority voters were unveiled Thursday by Republican legislative leaders. Senate Bill 5 filed by state Sen. Joan Huffman, R-Houston, would allow Texans a way to vote if they they cannot "reasonably" obtain one of seven forms of ID currently required at the polls. Ineligible voters who used the option to cast ballots would face stiff penalties under the measure, expected to stir new controversy from Hispanic and minority advocates as GOP leaders try to fix the exiting law.

Texas: Federal Judge Sanctions Texas In Voter Registration Lawsuit | San Marcos Corridor News

A federal judge has ordered sanctions against the state of Texas for blowing past deadlines and ignoring a court order to hand over thousands of pages of documents in a lawsuit challenging its voter registration practices. Texas Attorney General Ken Paxton’s office’s “months-long delay” in producing the documents “has been disruptive, time consuming, cost consuming” and has burdened plaintiffs in the lawsuit, U.S. District Judge Orlando Garcia of San Antonio wrote in an order signed Thursday. Garcia ordered the state to pay some of the plaintiffs’ legal fees, including those tied to the sanctions request. The Texas Civil Rights Project last March sued on behalf of four Texans who allege the Department of Public Safety denied them the opportunity to cast a ballot — and violated federal law — by failing to update their voter registration records online.

Texas: Republicans pitch new voter ID law | The Texas Tribune

Top Texas Republicans unveiled legislation Tuesday that would overhaul the state’s voter identification rules, an effort to comply with court rulings that have found that the current law discriminates against minority groups. Filed by Sen. Joan Huffman, Senate Bill 5 would add options for Texans who say they cannot “reasonably” obtain one of seven forms of ID currently required at the polls. It would also create harsh criminal penalties for those who falsely claim they need to choose from the expanded list of options. Lt. Gov. Dan Patrick has granted the bill “priority” status, carving it a faster route through the Legislature. Nineteen other senators have signed onto the bill, and Texas Attorney General Ken Paxton — who is still defending the current ID law in court — applauded the legislation Tuesday.

Texas: Woman fights harsh voter fraud sentence: ‘I just wanted them to hear my voice’ | The Guardian

Rosa Ortega does not deny she made a mistake. What she finds hard to accept is that her error should merit eight years in prison, almost certain deportation to a country she barely knows, separation from her children and notoriety in rightwing circles. “Send me back to Mexico. Get it over with,” she said in an interview with the Guardian on Friday, sitting behind a glass partition in the Tarrant County corrections centre in downtown Fort Worth, Texas. “I’m done, this is already too much, it’s too much and I’m just sitting there, sitting there, sitting there, and I don’t even sleep, I don’t sleep, I don’t do nothing here. On my mind, from day to night, is my kids.” Ortega was brought to the US from Mexico as a baby and lived legally in Texas as a permanent resident. While her green card entitled her to many of the same privileges as an American citizen, it did not confer the right to vote – yet vote she did, repeatedly, in elections in the Dallas area.