Texas: State Wants Supreme Court to Strike Legal-Fee Award in Voting Case | National Law Journal

Texas wants the U.S. Supreme Court to review an order that forces the state to pay more than $1 million in legal fees to groups that challenged the state’s redistricting plans. The U.S. Court of Appeals for the D.C. Circuit in August ordered Texas to pay the fees, finding lawyers for the state essentially forfeited the issue by failing to make substantive arguments in the lower court. On Thursday, Texas Solicitor General Scott Keller said in court papers that the state planned to appeal to the Supreme Court. Keller didn’t say when his office would file the petition. A spokeswoman for the attorney general’s office was not immediately available for comment. Paul Smith of Jenner & Block, who argued for the challengers in the D.C. Circuit and leads the firm’s appellate and Supreme Court practice, declined to comment.

Texas: Travis County to Update Aging Voting Technology With New Tablet-Based System | KUT

Yesterday morning, we heard a story about the nation’s aging voting machines and the problems they could present in the future. But that same report, which warns of trouble ahead for some municipalities, also details how Travis County has developed a new voting system, set to premiere in time for 2018 elections. To anyone over 18, the following scene might sound familiar. “It looks like you’re standing in front of an ATM machine with kind of a pad-like device in front of you, and you click through and make selections for the candidates or the propositions that you’re choosing, and then you cast your vote,” says Ronald Morgan, Travis County’s Chief Deputy Clerk.

Texas: Voter ID Battle: Texas Seeks Rehearing, DOJ Seeks Injunction | Texas Lawyer

Texas has asked the full bench of the U.S. Court of Appeals for the Fifth Circuit to rehear civil rights plaintiffs’ case against the state’s voter ID law after a three-judge panel from the same court ruled that the law discriminates. Because the state’s request for a rehearing is pending, and since Texas may also seek a hearing at the U.S. Supreme Court, the Fifth Circuit in a Sept. 2 order rejected civil rights plaintiffs’ proposals to have the litigation remanded to the trial court, where a judge could have ordered Texas to immediately start changing how it identifies voters. “We will get those decisions pretty quickly,” Rolando Rios, of San Antonio’s Law Office of Rolando L. Rios, said about the rulings on the en banc Fifth Circuit and Supreme Court hearings. Rios represents the Texas Association of Hispanic County Judges and County Commissioners, which is an intervening plaintiff in the litigation.

Texas: New Law Aims to Reduce “Rolling Voting” | The Texas Tribune

A soon-to-be law takes aim at the practice of “rolling voting,” which critics say can be used to tip the scales in favor of one side in some elections by moving polling places too often. The law’s backers say it adds uniformity and predictability to the process by requiring, among other things, that mobile polling locations be open for two consecutive days, eight hours a day, in some cases. That contrasts with some elections, often those held by school districts, in which officials move around the locations for briefer periods, according to the rolling voting opponents.

Texas: Attorney General asks full appeals court to reconsider voter ID ruling | Houston Chronicle

Texas Attorney General Ken Paxton is asking the full bench of a federal appeals court to reconsider a ruling that found the state’s strict voter ID law illegally hindered minorities from casting ballots. The state launched its legal salvo in the voter ID court fight with multiple filings late Friday, including a clear signal from Paxton’s office that it will take the case to the U.S. Supreme Court if necessary. Earlier this month, a three-judge panel at the 5th U.S. Circuit Court of Appeals issued a complex ruling that was largely interpreted as a narrow win for civil rights groups suing the state. The panel upheld one portion of a decision from U.S. District Court Judge Nelva Gonzales Ramos of Corpus Christi that found the law obstructed black and Hispanic voters and instructed the lower court to fix what amounted to a violation of the Voting Rights Act. It tossed one ruling that deemed the voter ID law equivalent to a poll tax and rejected another judgment from the lower court that found the law was motivated by racial bias, though the panel ordered the lower court to reconsider that portion of the case.

Texas: Justice Department to 5th Circuit: Texas voter ID law needs to be fixed ASAP | San Antonio Express-News

The Obama administration and several civil rights groups are urging a federal appeals court to fast track the process of temporarily fixing Texas’ voter ID law in time for the upcoming Nov. 3 elections. In court filings Thursday, the Justice Department and civil rights groups asked the 5th U.S. Circuit Court of Appeals to allow a lower court to start getting to work immediately on an interim remedy to the law passed in 2011 by the state’s Republican-led Legislature. A three-judge panel at the 5th Circuit ruled in part earlier this month that Texas’ strict voter ID measure violated Section 2 of the Voting Rights Act.

Texas: Federal Appeals Court Orders Texas to Pay $1M in Legal Fees in Voting Rights Case | National Law Journal

Texas must pay more than $1 million in legal fees to groups that challenged the state’s redistricting plans, a federal appeals court in Washington, D.C., ruled Tuesday. Texas forfeited any opposition to fees when it failed to make substantive arguments in the lower court, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit said. A three-page advisory filed by the state—contending that Texas became the winner in the redistricting case after the U.S. Supreme Court struck down a provision of the Voting Rights Act in Shelby County v. Holder—didn’t cut it, Judge Patricia Millett wrote. “Texas gets no second bite at the apple now,” Millett wrote. “What little argument Texas did advance in its ‘Advisory’ provides an insufficient basis for overturning the district court’s award of attorneys’ fees.”

Texas: State again ordered to pay lawyers’ fees in redistricting case | Austin American-Statesman

In a scolding tone, a federal appeals court panel in Washington, D.C., ordered the state of Texas on Tuesday to pay more than $1 million in attorneys’ fees in a case challenging district boundaries drawn by the Republican-led Legislature. First under the direction of then-Texas Attorney General Greg Abbott and now under Attorney General Ken Paxton, the state has been fighting a court order for more than a year to pay the lawyers who battled the state over the issuance of redistricting maps for the Texas House, Texas Senate and U.S. House of Representatives.

Texas: Lightning strikes more common in Texas than in-person voter fraud, says Cory Booker: True | PolitiFact

The Voting Rights Act turned 50 on Aug. 6, but the anniversary also doubled as an occasion for voting rights advocates to celebrate a new victory: The day before, the 5th Circuit Court of Appeals ruled that Texas’s 2011 photo ID law was unconstitutional, because it violated the rights of minority voters. Sen. Cory Booker, D-N.J., went on ABC’s This Week on Aug. 9 to explain why he supported the decision: “Take Texas for example, where Lyndon Johnson’s obviously from, they passed these voter ID laws. In the decade before it, 10 years, they only prosecute two people for in-person voter ID, only two people. You’re more likely to get struck by lightning in Texas than to find any kind of voter fraud.” We were surprised by the colorful comparison. So we decided to see if we could figure out whether lightning really is more likely to strike in Texas than people trying to cast ballots using fake identities. … An expert from the National Weather Service confirmed to us that the probability of being struck by lightning in Texas is slightly lower than the national average, right around 1 in 1.35 million. So how does this 1 in 1.35 million chance compare to the probability of finding voter fraud?

Texas: Study: Law Discouraged More Than Those Without Voter ID | The Texas Tribune

Texas’ strict voter identification requirements kept many would-be voters in a Hispanic-majority congressional district from going to the polls last November — including many who had proper IDs — a new survey shows. And the state’s voter ID law – coupled with lackluster voter education efforts – might have shaped the outcome of a congressional race, the research suggests. Released on Thursday, the 50th anniversary of the federal Voting Rights Act, the joint Rice University and University of Houston study found that 13 percent of those registered in the 23rd Congressional District and did not vote stayed home, at least partly because they thought they lacked proper ID under a state law considered the strictest in the nation. And nearly 6 percent did not vote primarily because of the requirements.

Texas: Road Ahead Murky After Voter ID Ruling | The Austin Chronicle

Two weeks ago, Texas’ voter ID law was discriminatory. This week, it’s still discriminatory, just for slightly different reasons. On Aug. 5 – the eve of the 50th anniversary of the Voting Rights Act – the 5th Circuit Court of Appeals issued the latest ruling in the seemingly endless cycle of appeals against Texas’ 2011 voter ID law. The state of Texas was appealing a 2014 ruling by U.S. District Judge Nelva Gonzales Ramos (see “Judge Throws Out Texas Voter ID Law,” Oct. 10, 2014) throwing the law out on three grounds: 1) that it discriminated against minority voters; 2) that it was purposefully discriminatory; and 3) that a costly photo ID made it a de facto poll tax. But in an opinion authored by Judge Catharina Haynes, a three-judge panel of the 5th Circuit took a different tack.

Texas: A Limited Victory for Voting Rights in Texas | The New Yorker

In 2013, when the Supreme Court effectively struck down a crucial section of the Voting Rights Act, the disagreement between the five conservative Justices in the majority and the four moderate liberals in dissent was about history as much as law. For the conservatives, Chief Justice John Roberts, Jr., wrote, “Our country has changed” since the statute became law fifty years ago. Devices that once blocked minorities’ access to the ballot, like the voter fees known as poll taxes, had been outlawed for more than forty years. The percentages of whites and minorities who register to vote and then go to the polls are approaching parity in the South and other parts of the country where, half a century ago, they were far apart. It is no longer necessary, Roberts went on, for the federal government to pre-approve any proposed changes to election laws in states with records of entrenched discrimination, as the statute had required since 1965.

Texas: New study suggests Voter ID altered District 23 race | San Antonio Express-News

The day after the Fifth Circuit Court of Appeals ruled that Texas’s Voter ID law has a discriminatory effect on elections, a new study found some evidence in our backyard. A joint study by Rice University and the University of Houston examined Voter ID’s impact on the 2014 District 23 Congressional race between Democratic incumbent Pete Gallego and Republican challenger Will Hurd. District 23 covers 800 miles of Texas borderland, and stretches from San Antonio to El Paso. Bexar County contains 42 percent of the district’s registered voters. Given that the two major critiques of Voter ID — enacted in 2011 with Republican support, and Democratic opposition — are that it has a discriminatory impact on minority voters and that the GOP pushed it in order to help their own political cause, the 2014 election in District 23 provided the research group a perfect test case. “The great thing about CD-23 was that it allowed us to look at both of those things at the same time, because it’s a Latino majority district, but it’s also one that’s politically relevant,” said Mark Jones, the fellow at Rice’s Baker Institute for Public Policy.

Texas: Why A Victory For The Voting Rights Act In Texas Feels More Like A Defeat | Huffington Post

It was trumpeted as a victory for voting rights, but this week’s ruling that Texas’ restrictive voter ID law violated the Voting Rights Act — on the eve of the act’s 50th anniversary — was actually something of a defeat. And Justice Ruth Bader Ginsburg saw it all coming. On Wednesday, the U.S. Court of Appeals for the 5th Circuit ruled that Texas’ Senate Bill 14, which requires voters to show photo ID when voting in person, had a “discriminatory effect” on minority voters and thus violated Section 2 of the Voting Rights Act. But the court rejected the claim that the Texas Legislature had a “discriminatory purpose” when it passed the law, a determination the court said requires more “contemporary evidence” that legislators intended to discriminate against black and Latino voters. Last October, when the same case made a short trip to the Supreme Court to determine if S.B. 14 should go into effect before the 2014 election, Ginsburg had dire words for the law. A majority of the justices decided to let it go into effect, but Ginsburg disagreed. “The greatest threat to public confidence in elections in this case is the prospect of enforcing a purposefully discriminatory law,” Ginsburg wrote, “one that likely imposes an unconstitutional poll tax and risks denying the right to vote to hundreds of thousands of eligible voters.”

Texas: Federal court says Texas voter ID violates Voting Rights Act | Associated Press

A federal appeals court ruled Wednesday that Texas’ voter ID law has a “discriminatory” effect on minorities in a victory for President Barack Obama, whose administration took the unusual step of bringing the weight of the U.S. Justice Department to fight a wave of new ballot-box restrictions passed in conservative statehouses. The 5th U.S. Circuit Court of Appeals ruled that the 2011 Texas law runs afoul of parts of the federal Voting Rights Act — handing down the decision on the eve of the 50th anniversary of the landmark civil rights law. Texas was allowed to use the voter ID law during the 2014 elections, thereby requiring an estimated 13.6 million registered Texas voters to have a photo ID to cast a ballot.

Texas: Appellate Panel Says Texas ID Law Violated Voting Rights Act | The New York Times

A federal appeals panel ruled Wednesday that a strict voter identification law in Texas discriminated against blacks and Hispanics and violated the Voting Rights Act of 1965 — a decision that election experts called an important step toward defining the reach of the landmark law. The case is one of a few across the country that are being closely watched in legal circles after a 2013 Supreme Court decision that blocked the voting act’s most potent enforcement tool, federal oversight of election laws in numerous states, including Texas, with histories of racial discrimination. While the federal act still bans laws that suppress minority voting, exactly what kinds of measures cross the legal line has been uncertain since that Supreme Court ruling.

Texas: Attorney General’s Office Probing Valley Election Fraud Claims | The Texas Tribune

The Texas attorney general’s office has opened an investigation into a contested election in the Rio Grande Valley won by a client of Texas Democratic Party Chairman Gilberto Hinojosa two years ago, according to a lawyer for the losing candidate. Houston attorney Jerad Najvar said Thursday that Attorney General Ken Paxton’s office is acting on a criminal complaint filed by his client, Letty Lopez. She lost to Lupe Rivera, Hinojosa’s client, by 16 votes in a November 2013 election for a spot on the Weslaco City Commission. More than a year ago, a visiting judge ruled that some of the votes for Rivera were illegally cast and ordered a new election held as soon as possible, according to local media. Legal wrangling has kept the new election from taking place, and Rivera has remained in office while Hinojosa has defended him in court.

Texas: In Rio Grande Valley, Some Campaign Workers Are Paid To Harvest Votes | NPR

A new FBI anti-corruption task force is trying to clean up the Rio Grande Valley of Texas. According to the Justice Department, in 2013, more public officials were convicted for corruption in South Texas than in any other region of the country. One of the practices the task force is looking at is vote-stealing. They’re called politiqueras — a word unique to the border that means campaign worker. It’s a time-honored tradition down in the land of grapefruit orchards and Border Patrol checkpoints. If a local candidate needs dependable votes, he or she goes to a politiquera.

Texas: Despite Ruling, Redistricting Reformers Pessimistic | The Texas Tribune

Texas does not have an independent redistricting commission and is probably not going to get one. But the lawmakers who have been ignoring the idea for years lost one of their excuses: In a 5-4 decision, the U.S. Supreme Court turned back a challenge to Arizona’s commission, saying the voters had the right to take that power away from legislators. Other states have similar commissions. In some, like Texas, lawmakers draw the maps, and there are hybrids in others.

Texas: Voting Rights Bill Would Address, Not Invalidate Texas Law | The Texas Tribune

A voting rights bill introduced in Congress last week would subject Texas elections to new levels of federal scrutiny, but it would not invalidate the state’s controversial 2011 voter photo ID law that helped inspire it. The federal measure is designed to restore and improve protections to minority voters granted by the Voting Rights Act of 1965, provisions that were ruled unconstitutional by the Supreme Court in 2013. The ruling found that key sections of the act unfairly targeted southern states and did not reflect current conditions. Since the court’s decision, several states — notably Texas — have begun enforcing laws that voting rights activists have called discriminatory against African-Americans, Hispanics, the elderly and the poor.

Texas: Democrats ditching the “Texas 2-step;” no more primary caucus | Dallas Morning News

The state Democratic Party said it must abandon its traditional – but sometimes complex and confusing – primary process called the Texas Two-Step. The national party rejected the Texas plan last Friday, leaving state party leadership to revise the process in favor of a straightforward vote. The Texas primary next year falls on March 1 and is part of the Super Tuesday balloting, in which Texas will have the largest treasure trove of delegates among the 12 states voting.

Texas: In Voting Rights, Who’s a Person? | The Texas Tribune

When most people hear the phrase “one person, one vote,” they don’t stop to think about who counts as a person. The U.S. Supreme Court gets to answer that in a case — Evenwel v. Abbott — that started here in Texas. The plaintiffs contend their votes don’t count as much as those of voters in other state Senate districts because the districts are designed to have the same number of humans in them, not the same number of voters. It’s a simple idea, but changing who’s counted — the voters, instead of the humans — would wreck the country’s political maps, particularly in states like Texas where large numbers of people are not eligible to vote.

Texas: Abbott Opposes Curbs on Dark Money | The Texas Tribune

All that Republican infighting about revealing political “dark money” during the just-concluded session of the Texas Legislature was probably for naught. Gov. Greg Abbott has come out firmly against the idea. Speaking at a news conference Monday in the Capitol, Abbott said he had already written about the issue when he was on the Texas Supreme Court, telling reporters that legislation requiring secret political donors to come out of the shadows would violate the U.S. Constitution. Proponents of dark money disclosure dispute the claim.

Texas: Passing the Buck on the Motor Voter Law, Texas Style | Texas Election Law Blog

This week, the law firm of Waters and Kraus LLP sent a demand letter to the Texas Secretary of State, informing him of his failure to meet the legal requirements of the National Voter Registration Act, and of his legal liabilities under that federal law. The law in question is Section 20504(a) of Title 52, Chapter 205, United States Code (text taken from uscode.house.gov):

(1) Each State motor vehicle driver’s license application (including any renewal application) submitted to the appropriate State motor vehicle authority under State law shall serve as an application for voter registration with respect to elections for Federal office unless the applicant fails to sign the voter registration application.

(2) An application for voter registration submitted under paragraph (1) shall be considered as updating any previous voter registration by the applicant.

Easy enough to understand, right? If you get a driver’s license, or renew a driver’s license, you get registered to vote, or you get your registration updated, assuming that you are legally eligible to vote.

Texas: Voting group alleges Texas keeping thousands from registering | MSNBC

Thousands of Texans are being disenfranchised thanks to chronic failures in the state’s voter registration system, a Democratic group alleges based on government records and extensive additional evidence. The charges raise serious questions about Texas’s commitment to making the ballot box accessible to new voters, and about its compliance with federal voting law. In a letter sent Wednesday to Texas Secretary of State Carlos Cascos, lawyers for Battleground Texas, which works to register voters in the state, wrote that the state government’s “voter registration failures are widespread and systematically undermining the right to vote in Texas.”

Texas: Supreme Court to hear challenge to Texas redistricting plan | The Washington Post

Decades after the Supreme Court set “one person, one vote” as the standard states must meet in creating legislative districts that equitably distribute political power, the justices agreed Tuesday to decide exactly which persons should count. The court, in accepting a Texas case brought by a conservative advocacy group, will consider whether states and localities may continue to use a place’s total population as the basis or must make redistricting decisions based on the number of citizens who are eligible to vote. A shift from using total population would have an enormous impact in states with large immigrant populations because of the greater numbers of children and noncitizens. It would most likely transfer power from urban areas to more rural districts. The court will schedule the case for the new term that begins in October.

Texas: House Republicans Open Another Front in Voter ID Fight | The Observer

Four years after Texas passed one of the strictest voter ID laws in the nation, lawmakers will debate another measure on Thursday that could make it even more difficult for Texans to vote. House Bill 1096, by Rep. Jim Murphy (R-Houston), would require the address on a voter’s approved ID, such as a driver’s license, to match their voter registration address. Currently voter ID addresses and voter registration addresses do not have to match. If a voter registrar believes a voter’s residence is different from that indicated on registration records, the registrar may send the voter a residence confirmation notice. Voters can respond by submitting a signed response confirming their residence. Under HB 1096, voters would have to provide “evidence” that their residence address matches their voter ID.

Texas: Harris County officials kill bill to allow online voter registration | Houston Chronicle

A group of Harris County officials have succeeded in scuttling a bipartisan bill that would have made Texas the 27th state to let citizens register to vote online. The proposal was co-sponsored by a majority of the House, but stalled in the chamber’s Elections Committee after the Harris County Clerk and the Harris County Tax Assessor-Collector’s offices rallied opposition, arguing it would make Texas more vulnerable to voter fraud, even with the state’s controversial voter ID law. Rep. Celia Israel, who sponsored the measure as a way to boost voter turnout and save the state millions of dollars, pronounced it dead Friday afternoon. “Texas wants this. The majority of the people on this floor want this,” said Israel, D-Austin, gesturing to her colleagues. “But I can’t get it out of committee because of some partisan election officers from Harris County.”

Texas: Racial discrimination claims land Texas voter ID law in federal court | Associated Press

Supporters and opponents of a Texas law requiring specific forms of photo identification for voters faced close questioning in a federal appeals court on Tuesday on whether the law was meant to discriminate against minorities and whether there are ways to remedy it. The US Justice Department and others oppose the law as an unconstitutional burden on minority voters. The state of Texas says the law was aimed at preventing fraud and is appealing a federal district judge’s ruling last October that struck down the law. Judge Catharina Haynes, one of three judges hearing the Texas case at the fifth US circuit court of appeals, suggested in questioning that the matter should perhaps be sent back to the district court for further consideration. She noted that the Texas legislature currently has several bills that that could broaden the number and types of ID voters could use to cast ballots.