Texas: State Ordered to Disclose Legislative Docs in Voting Case | Legal Times

Calling part of Texas' litigation position "inconsistent," a federal trial judge has ordered the state to turn over certain legislative records to the U.S. Department of Justice in a closely watched Voting Rights Act case. The Justice Department is seeking information from more than three dozen Texas state lawmakers that could illuminate the Legislature’s motivation in 2011 to enact congressional redistricting plans. U.S. District Judge Orlando Garcia’s ruling on Tuesday gives the federal government some access to documents that lawyers for Texas argued were off limits. Lawyers for Texas insisted the Justice Department must subpoena the individual legislators for the documents. The attorneys said Texas did not have possession of or control the documents. The state argued that the individual lawmakers are not parties in the lawsuit.

Texas: Day before final election contest trial, Hidalgo County to hire voting machine expert | The Monitor

An investigation into criminal vote tampering took a step forward Tuesday as the Hidalgo County Commissioners Court approved a $110,000 appropriation for a grand jury to hire an election machine auditor. Commissioners approved the payment, which came from seized gambling funds at the District Attorney’s Office, to go toward a grand jury investigation. The grand jury is expected to hire a Chicago-based forensic analyst to investigate possible tampering with electronic voting machines used in the March 4 Democratic primary, said Murray Moore, a DA’s Office attorney supervising the case. The impact of the investigation on the six election challenges filed by unsuccessful primary candidates could be null. Some of the election contestants filed motions to have their trials delayed pending the grand jury-ordered analysis. But five cases have already been denied, and the sixth — that of Paul Vazaldua in the justice of the peace Precinct 2 Place 2 race — is set for trial Wednesday. “Basically, this is for the grand jury investigation only,” Moore said. The grand jury will hire Data Defenders, a Chicago-based election auditing firm, to conduct the analysis, Moore said. A man who answered the phone at the number listed on Data Defenders’ website declined comment Tuesday, saying he was too busy.

Texas: Multiple elections may be causing mail-in ballot mix-ups | Dallas Morning News

Dallas County officials say they’re getting an unusually high number of calls from confused absentee voters, causing worry that some votes may not be counted this month. The confusion is related to the odd circumstance of two elections this month. Voters in many cities and school districts, including the Dallas Independent School District, go to the polls Saturday. Runoffs for the statewide primary are on May 27. It’s possible, election officials say, that absentee voters are mixing up their local and runoff ballots, or sending them in using the wrong envelopes. When that happens, those votes are lost — and the people who cast them will probably never know it. By law, election workers can’t open absentee ballots until after early voting ends. For Saturday’s municipal and school board elections, the last day of early voting was Tuesday. The ballots will be opened Wednesday. “We will know then if there is an issue,” said Dallas County Elections Administrator Toni Pippins-Poole.

Texas: Lawsuit seeks redrawing of Texas Senate districts | Associated Press

Two Texas residents backed by a conservative legal group have filed a federal lawsuit in Austin challenging how state Senate voting districts were drawn, according to a published report Tuesday. The Project on Fair Representation wants a judge to cancel this year's primaries, which used Senate boundaries drawn by the Legislature in 2013, the Austin American-Statesman reported. Instead, the group would like to see state lawmakers ordered to draw new districts. The plaintiffs are voters in two state Senate districts represented by Republicans Kevin Eltife, of Tyler, and Tommy Williams, of The Woodlands. The lawsuit argues that the way districts were drawn was unconstitutional since it was based on total population. The districts should have been drawn only based on the number of eligible voters, excluding children, felons and noncitizens, the lawsuit says. It also says that districts with fewer eligible voters have more influence than those in districts with more eligible voters, which is unconstitutional.

Texas: Lawsuit seeks redrawing of Texas Senate districts | Associated Press

Two Texas residents backed by a conservative legal group have filed a federal lawsuit in Austin challenging how state Senate voting districts were drawn, according to a published report Tuesday. The Project on Fair Representation wants a judge to cancel this year’s primaries, which used Senate boundaries drawn by the Legislature in 2013, the Austin American-Statesman reported. Instead, the group would like to see state lawmakers ordered to draw new districts. The plaintiffs are voters in two state Senate districts represented by Republicans Kevin Eltife of Tyler and Tommy Williams of The Woodlands. The lawsuit argues that the way districts were drawn was unconstitutional since it was based on total population. The districts should have been drawn only based on the number of eligible voters, excluding children, felons and noncitizens, the lawsuit says. It also says that districts with fewer eligible voters have more influence than those in districts with more eligible voters, which is unconstitutional. 

Texas: Justice Department, Texas Clash Over Discovery in Voting Rights Case | Legal Times

The U.S. Department of Justice and Texas have locked horns over discovery in a prominent voting rights challenge. Lawyers from the Justice Department's Civil Rights Division asked a panel of judges Wednesday to compel Texas to turn over legislative documents that "may shed light on the Texas Legislature’s motivation" for enacting the 2011 congressional redistricting plans. Specifically, the department’s lawyer say they've asked Texas to supplement its responses to similar document requests in other litigation in the state over alleged violations of the Voting Rights Act of 1965. This time, Texas said no, according to the Justice Department.

Texas: Justice Department, Texas Clash Over Discovery in Voting Rights Case | Legal Times

The U.S. Department of Justice and Texas have locked horns over discovery in a prominent voting rights challenge. Lawyers from the Justice Department's Civil Rights Division asked a panel of judges Wednesday to compel Texas to turn over legislative documents that "may shed light on the Texas Legislature’s motivation" for enacting the 2011 congressional redistricting plans. Specifically, the department’s lawyer say they've asked Texas to supplement its responses to similar document requests in other litigation in the state over alleged violations of the Voting Rights Act of 1965. This time, Texas said no, according to the Justice Department.

Texas: Barack Obama pushes voting rights in Texas | Politico

President Barack Obama on Wednesday joined the larger Democratic effort to spotlight voting rights ahead of this year’s midterms, blasting “active efforts to deter people from voting. Apparently it’s fairly active here in Texas,” he told supporters at a Houston fundraiser. “The idea that you’d purposely try to prevent people from voting? Un-American. How is it that we’re putting up with that? We don’t have to.” Attorney General Eric Holder delivered his own address to the group Wednesday in New York, recounting the Justice Department’s efforts on the issue since the Supreme Court struck down part of the Voting Rights Act last year.

Texas: Judge stops investigation into Battleground Texas | Associated Press

A state district judge has thrown out a complaint filed against the Democratic outreach group Battleground Texas that was based on a conservative filmmaker's video, a special prosecutor said Monday. Special prosecutor John Economidy, a Republican, told The Associated Press that he and fellow special prosecutor Christine Del Prado, a Democrat, determined that Battleground Texas did not violate state election law by transcribing phone numbers submitted on voter registration forms. San Antonio Judge Raymond Angelini signed the dismissal without comment on Friday, Economidy added. The inquiry began after conservative activist James O'Keefe and his group, Project Veritas, made a video that purported to show Battleground Texas workers talking about transcribing telephone numbers from voter registration cards they'd collected. O'Keefe said in the video that taking phone numbers violated Texas law, and Republican leaders, including Lt. Gov. David Dewhurst, called for a criminal investigation.

Texas: Hidalgo County grand jury to hire forensic analyst for voting machines | The Monitor

An Hidalgo County grand jury Thursday took a step toward investigating possible criminal tampering with voting machines in the recent Democratic primary, District Attorney Rene Guerra said. The grand jury signed an order to hire a forensic analyst to inspect the voting machines used during early voting in late February and Election Day on March 4. The order is “requesting that experts be hired to look at the machines and determine if they were properly functioning during the primary election,” Guerra said. “I think it’s necessary and I think we can do it real quick-like,” he added.

Texas: Electronic voting flash drive prompts re-tally of March Primary | Pleasanton Express

A recount of the Justice of the Peace Precinct 1 Republican Primary race between Debra Ann Herrera and Michael Pascarella revealed 73 votes had not been counted during the March Primary election. In that race Herrera had received 141 votes and Pascarella had received 144. The three-vote difference prompted Herrera to ask for a re-count. After the recount, Herrera picked up 33 votes and Pascarella received 40 more votes. The disparity alerted the officials and those sitting in that something was definitely off. It was discovered that a MBB drive from one of the electronic voting machines used in early voting had not been downloaded in the March 4 tallying of votes.

Texas: Commissioners Court drops Hidalgo County voting machine investigation; DA’s probe to continue | The Monitor

Hidalgo County commissioners will have no more official involvement with an investigation into irregularities in voting machines, they decided Tuesday morning. Instead, they’ll leave the investigation in the hands of state District Court judges and the Hidalgo County District Attorney’s Office. DA Rene Guerra will continue a criminal investigation into possible tampering with electronic voting machines, starting with asking a grand jury to hire an expert to analyze the machines’ logs.“We’re going to present to a grand jury asking them to assume the jurisdiction of the machines through a proper court order so that they, the grand jurors, with the court’s assistance and disposition with proper orders, will be able to look into the allegations as to the election machines and help us hire an expert or two to investigate,” Guerra told reporters at the Hidalgo County Commissioners Court on Tuesday.

Texas: Hidalgo County voting machines seized; tampering investigation to follow | The Monitor

A state District Court judge on Wednesday ordered the impounding of all voting machines used in the Hidalgo County Democratic primary this year. Voting machines and other materials used in the primary during early voting in late February and Election Day on March 4 were impounded Wednesday afternoon following an application the District Attorney’s Office filed in the morning in the 398th state District Court alleging possible criminal vote tampering. “Upon review of information received by the Hidalgo County District Attorney’s Office, regarding the forenamed election, criminal conduct may have occurred in connection with said election, therefore requiring impoundment of all the election returns, voted ballots, signature roster and other election records and equipment for an investigation and ultimately a determination of whether or not criminal conduct occurred,” the application states.

Texas: Primary Elections Mark Start of State Balloting With ID Laws | Bloomberg

Texans will have to prove who they are to cast ballots today, beginning a series of U.S state elections that will show the effect of laws pushed by Republicans requiring photo identification at the polls. Nine states this year are holding their first major votes - - including for governor and Congress -- under such laws, according to the Denver-based National Conference of State Legislatures. The U.S. Supreme Court cleared the way for many such requirements last year after throwing out a core element of the 1965 Voting Rights Act, which was meant to enfranchise blacks in the segregated South.

Texas: Postal Delivery Concerns After Carrier Returns Mail | CBS Dallas / Fort Worth

Officials with the United States Postal Service say they have fired a North Texas mail carrier for skipping part of his route and not delivering a significant amount of mail by simply marking the letters and packages ‘return to sender.’ A number of items returned included voter registration cards and that’s now caused concern for Dallas County elections officials. A single voter’s complaint led the Dallas County Elections Department to investigate and discover the post office delivery issue. On Tuesday Dallas County Commissioners heard from elections administrator Toni Pippins-Poole. She told city leaders that a City Carrier Assistant working in Irving had been cutting his route short and stamping undelivered mail return to sender. Apparently the mail carrier was doing this at the same time that voter registration cards were going out.

Texas: Report: Texas lags in Hispanic voter turnout | The Horn

Low voter turnout among Hispanics in Texas plays a key role in preventing the Republican-dominated state from being politically competitive, according to a new report from the polling company Latino Decisions. In Texas, which is home to nearly one in five of all U.S. Hispanics, just 39 percent of Hispanics who were eligible to vote in the 2012 presidential election cast a ballot. That’s compared with 48 percent of eligible U.S. Hispanics, 61 percent of eligible white Texans and 64 percent of eligible white Americans. “If Hispanic voter mobilization efforts were successful in the state, Texas would be as competitive as Florida in statewide contests, including presidential elections,” said the report, which was commissioned by America’s Voice, which advocates for immigration reform. Twenty-five percent of Texas Hispanic voters said they were contacted by campaigns or organizations encouraging them to vote in 2012, the report said. The national average was 31 percent.

Texas: State officials investigating Democratic activists | Associated Press

The Texas Secretary of State referred three complaints against Democratic group Battleground Texas for possible prosecution as violations of a state election law on Friday. Battleground Texas issued a statement, saying it has done nothing wrong and that the complaints and referrals were partisan attempts to slow the group. Attorney General Greg Abbott's office, which would normally investigate further, recused itself and forwarded the complaints in a letter to Susan Reed, the district attorney in Bexar County, where one of the violations allegedly took place. Abbott is running for governor against Democrat Wendy Davis, whom Battleground Texas is assisting by registering voters, building a supporter database and ultimately mobilizing those voters for the Nov. 4 general election.

Texas: Battleground Texas Activities Draw Questions | The Texas Tribune

While saying it had received no complaint against the Democratic group Battleground Texas, the office of Texas Secretary of State Nandita Berry suggested Wednesday that the group's voter registration practices might rise to a “potential level of offense” of state election law. Battleground Texas strongly disputes breaking any laws and said a flap over its registration efforts has Republicans running scared. At issue is a videotaped conversation with Battleground Texas volunteers in Bexar County. It was gathered surreptitiously by controversial conservative activist James O’Keefe, who has sent people posing as interested volunteers to infiltrate Democratic or liberal activist groups, after which he disseminates video that was secretly gathered.

Texas: Voter ID Trial Remains On Track Despite Federal Attempt To Postpone | Texas Public Radio

Plaintiffs in a federal lawsuit challenging the constitutionality of the Texas voter ID law applauded a Corpus Christi federal judge’s vigilance to retain a September trial date -- the U.S. Department of Justice is now hoping to postpone the case because of logistics issues. This week, Federal District Judge Nelva Gonzales Ramos in Corpus Christi wanted to know if everyone was still on track for the Sept. 2 trial. Attorneys with the DOJ asked again to have the trial postponed until January 2015 because they say the state of Texas has not begun to exchange information needed for the case. Jose Garza, an attorney with the Mexican American Legislative Caucus, said Gonzales-Ramos is sticking to the pre-general election trial date.

Texas: Voter ID trial likely to happen before election | MSNBC

Opponents of Texas’ strict voter ID law are likely to get their day in court this September—meaning the controversial measure could be struck down before the November election. Judge Nelva Gonzales Ramos indicated in a hearing Wednesday that she was reluctant to delay the trial until 2015, according to Jose Garza, a lawyer for the Mexican-American Legislative Caucus (MALC), which is among the plaintiffs challenging the law, known as S.B. 14. “The judge is fairly adamant that because of the impending election, it’s important to have a trial on S.B. 14 as early as possible,” Garza told reporters Wednesday afternoon, after attending the hearing. “And in her mind, that appears to be Sept. 2.” Garza said it’s “likely” that the judge will officially set Sept. 2 as the trial date at a hearing this Friday.

Texas: Voter ID Law Will Face Scrutiny Before the November Election | WOAI

A federal judge in Corpus Christi ruled on Wednesday that a federal lawsuit challenging the legality of the state's controversial Voter ID law is expected to begin in September as scheduled, 1200 WOAI news reports. Civil Rights groups like the Mexican American Legislative Caucus, which is one of the groups fighting voter i.d., says it is very important that the law be thrown out before the November general election.

Texas: Party Predictions Differ in Texas on Impact of New Voter ID Law | New York Times

Texas is preparing for the first major test of its hotly debated new voter ID law as Democrats and Republicans offer sharply differing assessments of its impact on the state’s March 4 primary. Citing the hundreds of thousands of people whose names on voter registration rolls do not match their government-issued IDs, Democrats say the law is already resulting in widespread confusion that could lead to delays at voting booths. Republicans say fears of disruptions are being overstated. Gov. Rick Perry signed the voter identification bill into law in 2011, but it did not take effect until last year, after the Supreme Court struck down part of the federal Voting Rights Act and allowed Texas and other states to change their election laws without federal approval. The confusion over names has hit some groups particularly hard, like women who changed their names after getting married or divorced. Voters are not turned away from the polls over minor name differences, but must initial an affidavit when they arrive at the polling place to cast a regular ballot.

Texas: Commissioner Says Dallas County Shouldn’t Spend More Money To Update Voter Records | KERA

Dallas County Commissioners are discussing whether to pony up more money to reach voters whose photo IDs don’t match their elections records. The Democratic county judge says it’s an effort to make sure everyone who’s registered gets to vote, but the commission’s lone Republican thinks there’s another reason. Last November was the first test of Texas’ new voter ID law, and in Dallas County one in five had to sign affidavits before they could cast ballots.  They had to swear to their identities because the names on their photo ID’s didn’t exactly match their names on the county’s registration list. Election officials believe at least 195,000 registered voters in Dallas County have name discrepancies that will delay their voting in March and November.

Texas: Election officials expect Voter ID problems in Texas | Fort Worth Star Telegram

As the March primary election approaches, election officials throughout the state are gearing up for potential problems. This March 4 primary will be the biggest election since the state’s Voter ID law, which requires voters to show government issued photo identification at the polls, went into effect last year. Dallas election officials have sent out hundreds of thousands of notes to voters informing them of potential problems with the way their names are listed on photo ID cards versus the way they are listed in the voter registration database. Tarrant County officials chose not to sent out notes, saying any name problem can be handled at the polls. “We are taking a different approach and we will let voters handle it at the polling place,” said Steve Raborn, Tarrant County's election administrator. “You could send these postcards out and ask people if they want to match their names beforehand. “My greater concern is that it might cause voter confusion and could even make someone not vote.”

Texas: Fallout from voter ID law continues in Dallas County | Dallas Morning News

Dallas County officials are looking at doubling down on voter outreach, days after launching perhaps the state’s most extensive attempt to alert voters to potential identification problems resulting from Texas’ new voter ID law. County commissioners will examine on Tuesday a proposal to spend up to an additional $165,000 on efforts to resolve voters’ complications with improper photo ID and name discrepancies between required forms of identification. The infusion — which won’t be voted on for at least another week — would come on top of $145,000 that commissioners approved in October to spend on mailings aimed at clearing up lingering conflicts and confusion ahead of the March primary. That first allocation resulted in the mailing on Jan. 24 of notices to 195,000 voters about the ID law’s provision that a voter’s name on a valid photo ID must exactly match the name listed in the voter registration database. It remains to be seen specifically how the extra funds would be used, as officials offered on Friday varying descriptions of possible outreach efforts. But given the voter ID law’s hot-button status, Tuesday’s commissioners court meeting figures to be a heated affair.

Texas: 200,000 Dallas County voters warned of possible problems under new ID law | Dallas Morning News

Nearly 200,000 Dallas County voters have been told of possible problems with their identification, as county elections officials work to resolve complications arising from Texas’ new voter ID law before the March primary. The county elections department mailed out letters on Friday to alert voters to potential conflicts resulting from one part of the contentious law: the requirement that a voter’s name on a valid photo ID must exactly match the name listed in the voter registration database. That requirement could be particularly nettlesome for women, who are more likely to have changed their names after getting married or for other reasons, such as adopting their maiden names as middle names. The issue surfaced in the November election, when some voters complained about having to deal at the polls with name discrepancies. Those hiccups didn’t prevent anyone from voting. Elections officials created a relatively simple way to resolve the problem on the spot, but that added time to the act of voting. The letters — sent at a cost of $79,000 — represent a push by the county to allow voters to square things away before the March 4 primary. There’s a short form to fill out to reconcile differences between how names are listed on photo IDs and in the county’s voter database. The mailing offers the best glimpse yet of the scope and nature of ID problems among Dallas County’s 1.2 million registered voters.

Texas: ‘Dark Money’ debate rekindled | Houston Chronicle

Lawyer and lobbyist Steve Bresnen is asking Texas’ campaign finance regulators to shine a light on secret campaign spending in state elections. Reinvigorating the debate over dark money spending in the Lone Star State, Bresnen filed a petition for rulemaking with the Texas Ethics Commission on Tuesday asking the state panel to ensure “all contributors of money used to influence elections would be disclosed.” (read full the petition here). “The purpose of my proposal is to eliminate ‘dark money’ from Texas elections by dragging it into the sunlight,” Bresnen wrote to acting Executive Director Natalia Luna Ashley. “Secret money influencing elections — the life blood of self governance — is intolerable as a matter of law and is against the public interest. The Commission should exercise its authority to do something about it.”

Texas: Vote-Buying Case Casts Glare on Tradition of Election Day Goads | New York Times

In this Rio Grande Valley town of trailer parks and weedy lots eight miles from the Mexico border, people call them runners or politiqueras — the campaign workers who use their network of relatives and friends to deliver votes for their candidates. They travel around town with binders stuffed with the names and addresses of registered voters, driving residents to and from the polls and urging those they bump into at the grocery store to support their candidates. Despite rumors that some politiqueras went over the line in encouraging voters, the tradition continued in Donna and other border towns and cities, and campaigns for nearly every local office or seat have paid politiqueras to turn out the vote in contested races. But in recent weeks, the suicide of the school board president here and accusations of vote buying against three politiqueras have rocked the system. The charges may threaten the existence of politiqueras in Donna, an impoverished community of 16,000, where politics and jobs are inseparable. The school system is the largest employer, and city government is the second largest; local politics rivals high school football as a favored pastime.

Texas: Election Passes, But Litigation Continues | State of Elections

Election Day on November 5 marked the first time Texas’ controversial voter ID laws were affected in the state. And the results were mixed. There is little evidence that the law suppressed voter turnout. Out of the state’s 13.4 million registered voters, only 1.1 million cast ballots in the 2013 election, about 8.5 percent of the electorate. Compare this to 2011 and 2009, other election “off years.” In  2011 when only 5.4 percent of voters showed up. In 2009, about 1 million people cast ballots, about 8.1 percent of the electorate. So as far as the numbers go, voting seemed on par. However, the law lost some PR points with some high publicity hiccups, including several prominent politicians initially being told they couldn’t get a new voter identification card vote because they lacked proper identification. State Senator Wendy Davis, the front-running Democratic candidate for governor next year, had to sign an affidavit because her married name did not match her driver’s license . State Attorney General Greg Abbott, a champion of the law was also flagged because his license listed his name as “Gregory Wayne Abbott” while his voter registration record simply calls him “Greg Abbott.” And former U.S. Speaker of the House Jim Wright couldn’t get his new voter ID at first because his driver’s license had expired.