Texas: U.S. Supreme Court Rules Dallas County’s Appeal in Fight Over Voting Machines is “Moot” | Dallas News

This morning, the U.S. Supreme Court handed down a very confusing ruling in the case involving Dallas County’s voting machines — a case, you’ll recall, that stemmed from Linda Harper-Brown’s 19-vote victory over Democrat Bob Romano in 1998. Long story short: The Texas Democratic Party (represented in part by attorney Clay Jenkins, now the county judge) sued Dallas County in federal court, claiming, as Ballot Access News neatly summed it up back in June, that “some voters are tricked into thinking they voted a straight-ticket vote, when actually they hadn’t.”

There was also an issue with whether the county pre-cleared the so-called direct-recording electronic voting machines with the Department of Justice before putting them into place. The county insisted they had — twice, most recently in March 2010, when the DOJ said Dallas was good to go.

Texas: Medina County TX delays shift to paperless balloting | San Antonio Express-News

Medina County residents opposed to a planned shift there to electronic-only voting are cheering a decision by county commissioners to keep paper ballots available in the Nov. 8 election.

But Natalia Mayor Ruby Vera called the commissioners’ vote last week to delay until March the conversion to paperless voting “a stalling tactic” to appease roughly 700 petition signers who assert that using paper ballots is “a right” of voters.

Commissioners had voted in September switch to all-electronic voting in November, but Medina County Judge Jim Barden said there’s not enough time to educate the public and to complete the transition.

Texas: Court throws out judgment against voting machines | Associated Press

The Supreme Court has thrown out a ruling that could have halted the use of a certain electronic voting machine in Texas. The high court without comment vacated a ruling against Dallas County, Texas. That county was sued by the Texas Democratic Party over the use of iVotronic machines.

Read the Court Orders (PDF)

They allow people to vote straight-party tickets, but if the voter subsequently touches any of the candidates in that party on the screen, their vote for that person is rescinded.

Texas: Justice Department seeks more details on Texas voter ID law | statesman.com

Texas’ new voter identification law remains in limbo as the U.S. Department of Justice asked on Friday for more details on how the state will implement the stricter voting requirements.

Read the Department of Justice’s letter

“The information sent is insufficient to enable us to determine that the proposed changes have neither the purpose nor will have the effect of denying or abridging the right to vote on account of race, color, or membership in a language minority group,” wrote T. Christian Herren Jr. , chief of the Justice Department’s voting section.

Under the federal Voting Rights Act, Texas and some other states with a history of past discrimination are required to get federal government approval, called pre-clearance, before changes to election law can go into effect.

 

Texas: Will Federal Request Delay Texas Voter ID Law? — Voter ID | The Texas Tribune

Doubts are being raised as to whether the state’s controversial voter identification bill will be implemented on schedule because Texas does not ask its citizens their race when they register to vote. As passed during the regular session of the 82nd Texas Legislature, Senate Bill 14 by state Sen. Troy Fraser, R-Horseshoe Bay, would require that voters present a valid state-issued ID before casting a ballot. Gov. Rick Perry deemed the legislation an emergency item. It is scheduled to go into effect Jan. 1, 2012.

Under the federal Voting Rights Act, the U.S. Department of Justice or the federal courts have authority to review laws that would affect voter turnout before they are enacted. Last week the department asked for more information before it could render a decision on whether to grant Texas’ request for preclearance, which the Texas Secretary of State submitted in July.

Texas: Justice Department: Texas Congressional Map Discriminates Against Hispanics | Roll Call

The Justice Department today accused Texas officials of enacting a new Congressional map that purposefully dilutes minority voting power.

“Based on our preliminary investigation, it appears that the proposed plan may have a prohibited purpose in that it was adopted, at least in part, for the purpose of diminishing the ability of citizens of the United States, on account of race, color, or membership in a language minority group, to elect their preferred candidates of choice to Congress,” the Justice Department wrote in its brief.

Texas: Justice Department seeks more details on Texas’ voter ID law | statesman.com

Texas’ new voter identification law remains in limbo as the U.S. Department of Justice asked on Friday for more details on how the state will implement the stricter voting requirements.

“The information sent is insufficient to enable us to determine that the proposed changes have neither the purpose nor will have the effect of denying or abridging the right to vote on account of race, color, or membership in a language minority group,” wrote T. Christian Herren Jr. , chief of the Justice Department’s voting section.

Under the federal Voting Rights Act, Texas and some other states with a history of past discrimination are required to get federal government approval, called pre-clearance, before changes to election law can go into effect.

Texas: DOJ: Texas House, congressional voting maps don’t comply with federal Voting Rights Act | The Washington Post

The U.S. Department of Justice said in a court filing Monday that Texas’ new voting maps for Congress and for the Texas House do not meet federal anti-discrimination requirements, setting up a legal battle that will decide the landscape of future elections in the state. The case, which involves the election districts drawn by the Republican-led Texas Legislature, will likely be decided by a federal court in Washington, D.C.

District boundaries are redrawn every 10 years to reflect changes in census data. Any changes to Texas’ voting practices must be cleared by a federal court or the Justice Department to ensure changes do not discriminate based on race or color.

The Justice Department took issue with the maps for Congress and the Texas House, but it agreed with the state attorney general that maps for the Texas Senate and State Board of Education met requirements under the federal Voting Rights Act. But the Justice Department reiterated that the court would have to make its own determination on the education board and Senate maps.

Texas: Department of Justice Says Proposed Maps Undermine Minority Vote | The Texas Tribune

The new political maps for the Texas House and the state’s congressional delegation don’t protect the electoral power of the state’s minority populations as required by the federal Voting Rights Act, the U.S. Department of Justice said in legal briefs filed in federal court Monday.

The map for the state Senate does comply with Section 5 of the Voting Rights Act, DOJ’s lawyers said. The Justice Department didn’t offer an opinion on the legality of the new State Board of Education map, saying instead that “the court will have to make its own determination” about that plan.

“It’s consistent with what we’ve been saying,” said state Rep. Trey Martinez Fischer, D-San Antonio, who heads the Mexican American Legislative Caucus. His and other groups have argued that the state didn’t account for the growth in minority populations over the last 10 years — minorities made up 89 percent of the state’s overall growth — and that in some cases, the Legislature actually diluted the representation that was already in place.

Texas: Redistricting Battle Coming in Texas | Roll Call

The Justice Department will deliver its opening salvo today in Texas’ controversial redistricting case, laying out its initial argument on whether the state’s new Congressional map adheres to the Voting Rights Act.

The department’s legal brief will also give a hint as to how hard the Obama administration will fight for Hispanic voters in a proxy battle against one of the president’s potential opponents next year, Texas Gov. Rick Perry (R).

“It’s a critical step in figuring where we end up in redistricting, especially Congressional redistricting,” said Michael Li, a Democratic election attorney in Dallas. “It’s the first time Democrats have controlled the Justice Department [during this process] in 40 years, since the Voting Rights Act was enacted. Everyone has been wondering how aggressive the Justice Department is going to be.”

Texas: Young Voters challenge Voter ID law | Chron.com

The Young Voters Education Fund has joined in an objection to Texas’ Voter ID law, which the Justice Department is reviewing to make sure it does not harm minority voters.

“Texas’s proposed photo ID measure, which does not permit the use of a government-issued student identification card as an acceptable form of identification at the polls, would disfranchise students who only possess student identification,” said Christina Sanders,  State Director for the Texas League of Young Voters Education Fund.

Critics said this applies especially for many African-American students at Prairie View A&M University, a historically black university located in Waller County, who have been the target of multiple efforts to deny their votes over the years. The League of Young Voters Education Fund collected statements from dozens of students at Prairie View confirming that the proposed photo ID law will disfranchise them.

Texas: Voter ID law in federal hands as groups file papers | Star Telegram

The contentious issue of voter ID in Texas is now in the hands of federal officials. On Wednesday, several civil-rights groups filed documents with the Justice Department, asking officials to oppose any early approval or “pre-clearance” of the measure, which fully takes effect in Texas on Jan. 1.

The groups — which include the American Civil Liberties Union, the Asian American Justice Center, the Advancement Project, the Southwest Workers Union, and the New York-based public policy and advocacy group DEMOS — said the law discriminates against black and Hispanic voters.

“This law is a part of the largest legislative effort to turn back the clock on voting rights in our nation in over a century,” said Judith Browne Dianis, co-director of the civil-rights “action tank” the Advancement Project. “If this bill is allowed to stand, it will undermine the basic fabric of our nation’s democracy.”

Texas: Elections Office In Limbo Over Voter ID Law | KSAT San Antonio

The upcoming Nov. 8 election could be the last one where no photo identification will be needed to vote if the state’s new voter I.D. law is given the needed pre-clearance by the U.S. Department of Justice. Jacque Callanen, Bexar County elections administrator, said normally the review takes 60 days.

“The Texas Secretary of State’s office says that could be by the end of next week,” Callanen said. According to the Voting Rights Act, any possible changes to the state’s election laws require pre-clearance because of the state’s history of discriminatory voting practices.

Texas: State Cites Controversial Bush-Era Approval Of Voter ID Law In Petition To DOJ | TPM

Texas officials are citing the Justice Department’s controversial approval of Georgia’s voter ID law during the Bush administration as a reason for the Obama administration to clear their new law.

… Secretary of State Hope Andrade wrote a letter to the chief of the Civil Rights Division’s voting section defending the measure and seeking preclearance under the Voting Rights Act. Andrade called the Texas law “remarkably similar” to Georgia’s precleared voter ID law. “In fact, DOJ precleared Georgia’s original photo-identification law even before Georgia enacted its free ID provision and its most recent extensive voter education mandate, which Georgia added in a subsequent legislative session.”

But the approval of the Georgia voter ID law was done by political officials in the Bush Justice Department over the objection of career employees in the voting section, who had recommended that the law not be approved.

Texas: Confusion reigns over 2012 election calendar | Star-Telegram

Despite efforts by state lawmakers to avoid a confusing election schedule in 2012, that may be exactly what many Texas voters face next year anyway. Gov. Rick Perry signed a bill this summer tweaking the election laws to comply with new federal rules designed to make it easier for members of the military to vote.

A key side effect is that the measure pushes back runoffs from next year’s March 6 primaries into May, when cities, school districts and other local entities hold elections. Early voting for primary runoffs would begin just days after the May 12 local elections. Supporters of the legislative action predicted that the new rules would lead local entities to move their elections to next November or to the following May.

Texas: Voter fraud allegations stir Waller County TX controversy | Houston Chronicle

Sid Johnson, a self-described junk man who ran a scrap business from his modest home, had enough of the back-room dealings in Waller County. So he worked under cover for the FBI to help convict five local politicians on corruption charges in recent years. He then decided to seek political office himself. Johnson, 47, had high hopes of becoming the first black councilman elected in his hometown of Waller, population of 2,200, nestled in the hilly prairie off U.S. 290.

However, when ballots were tallied May 14, Johnson lost by five votes. But his defeat has since sparked so many rumblings of voter fraud that he joined forces with the town’s mayor, Danny Marburger, who is white, to take voter complaints of intimidation and being turned away from the polls to the FBI and U.S. Justice Department.

The FBI will not confirm whether an investigation is in progress. But Marburger said that during the last two months, FBI agents have circulated through the town 40 miles northwest of Houston taking statements from voters and city secretary Jo Ann London, who serves as election chief. Adding mystery to the controversy, Marburger discovered this week that London had cameras disguised as smoke detectors installed around City Hall.

Texas: Vet ID holders cannot vote? | San Antonio Express-News

Local Democrats are up in arms about a controversial voter ID bill that would exclude veterans’ identification cards from the short list of photo IDs required to cast a vote in Texas. Ann McGeehan, director of the Secretary of State’s elections division, said last week at a seminar in Austin that photo ID cards issued by the U.S. Department of Veterans Affairs are not acceptable forms of military ID to vote, according to a recording provided by the Texas Democratic Party. Jordy Keith, a spokeswoman for the secretary of state, backpedaled Friday on that determination.

“It was an informal Q&A, and (McGeehan) was answering based on what was expressly called out in Senate Bill 14,” Keith said. “Right now our office has not issued a final determination on that.”

Passed after Gov. Rick Perry declared voter ID an emergency issue in the last session, the strict bill is touted by Republicans as a way to reduce voter fraud but decried by Democrats as an effort to lower voter turnout among minorities and the elderly, disabled and poor.

Texas: Comparing Texas’ Voter ID Law to Other States | Texas Tribune

When Texas voters are asked to show a photo ID at the polls in January, they will join voters in 29 other states that  have adopted voter identification requirements — but only six of which require photo identification.

The Legislature passed the controversial requirement during the regular session that ended in May. Because of Texas’ history of racial discrimination, section 5 of the federal Voting Rights Act gives the U.S. Department of Justice or the federal courts the authority to review laws that would affect voter participation before they are enacted. Before the change in law, Texas voters could show a voter registration certificate or another document, such as a utility bill, that listed their name but didn’t necessarily have a photo on it.

Texas: Senate Bill 100 May Change Voting in Municipal Elections | Examiner.com

Voting in Garland, TX and other cities in Dallas County has gotten a lot more complicated, thanks to Senate Bill 100. The Bill was introduced to the Texas Senate, passed by the Senate and House and was signed into law by Governor Rick Perry on June 17.

Mary Kayser, Garland City Secretary said the purpose of the bill is to adopt voting procedures necessary to implement the federal Military and Overseas Voter Empowerment Act (MOVE Act) which is aimed at making the voting process easier and faster for military and overseas voters.

Texas: Harris County buying new voting machine warehouse | Houston Chronicle

Harris County is buying a building to house voting machines and other equipment that will replace a warehouse destroyed by fire last August. The $4.35 million purchase of a facility on Todd Road near the intersection of Hempstead Highway and 34th is expected to close this month, said John Blount, director of architecture and engineering.

After a renovation, the building will house voting machines, the County Clerk’s archives, Tax Assessor-Collector’s distribution center and perhaps records of several justices of the peace and other county departments.

“Me and my team, we just worked our butts off finding the best possible replacement location,” Harris County Clerk Stan Stanart said. “Online we looked at over 100 places. In person I know I looked at at least three or four dozen. We scoured the county trying to find the best deal for the taxpayers.”

Texas: Officials confirm irregularity in Rowlett special election | dallasnews.com

Elections officials confirmed Wednesday that there was an opening-day glitch in the early voting process for the July 16 special election. The glitch involved voters in Rowlett, which straddles Dallas and Rockwall counties.

A voter who lives in the Rockwall County part of Rowlett, Nicholas Kreekon, went to vote at about 12:15 p.m. on June 29 and was turned away. He was told only the Dallas County portion of Rowlett was eligible.

Texas: State Supreme Court: no e-voting paper trail required | Ars Technica

A group of Texas voters seeking to stop the use of paperless electronic voting machines reached a dead end on Friday; the Texas Supreme Court ruled that their suits could not proceed without evidence that they have been personally harmed.

Texas has been using direct-recording electronic (DRE) voting machines for more than a decade. In 2006, a coalition of voters led by the Austin NAACP sued to stop Travis County from using the eSlate, a DRE machine made by Austin-based Hart InterCivic. (Hart does offer a printer as an optional component of its system.) The voters claimed the machines were insecure and did not allow meaningful recounts.

Travis County disagreed. In a FAQ on the county’s voting website, officials answered questions about paper trails and security.

Texas: Texas Supreme Court tosses NAACP challenge of electronic voting machines | Examiner.com

The Texas Supreme Court has thrown out a case challenging the legality of electronic voting machines in Travis County that don’t also produce a paper trail of votes.

In a ruling released July 1, Chief Justice Wallace Jefferson wrote that the voters who complained about the machines “raise legitimate concerns about system integrity and vulnerability. But these are policy disputes more appropriately resolved in the give-and-take of politics.”

Jefferson’s opinion came in a lawsuit brought by Texas Secretary of State Esperanza “Hope” Andrade, the state’s chief elections officer. Andrade sought to overturn an appellate court’s ruling that kept alive the challenge to “paperless” electronic voting machines used in Travis County elections. Travis County’s eSlate machines are produced by Austin-based Hart InterCivic Inc.

Texas: So Many Elections, So Little Time | The Austin Chronicle

And now for some completely different election news: A seemingly innocuous Texas Senate bill, passed and awaiting the governor’s signature, may drastically affect Austin’s local elections, even extending the terms of the mayor and three City Council members by six months.

Senate Bill 100, legislation from San Antonio Dem Leticia Van de Putte, was drafted to bring the state in line with federal law requiring that federal ballots be delivered to military and overseas voters at least 45 days before an election. It preserves Texas’ current March primary date, while postponing potential primary run-offs to the fourth Tuesday in May, so as to meet the 45-day requirement.

Editorials: Voter ID bills take stage | Amarillo Globe-News

The next great presidential election battle could turn on a simple and reasonable concept: Voters should be required to present valid identification before casting a ballot. Texas Gov. Rick Perry has signed legislation requiring a valid photo ID from Texas voters.

In many so-called “battleground states,” in which Democratic and Republican presidential candidates will fight for an edge over the other, this has become a potentially huge issue.

Texas: Floor Amendment to Texas SB 100 Preserves May Uniform Election Date in Limited Circumstances | The Austin Chronicle/Texas Municipal League

It’s slow going at City Hall. No City Council meeting, and a Public Health committee meeting on nonprofits has been postponed to next week. It’s worth looking outside City Hall for action – and luckily, action obliged, as a state senate bill looks to throw local elections into chaos.

S.B. 100 from San Antonio Dem Leticia Van de Putte, brings the state in line with federal law requiring federal ballots be delivered to military and overseas voters at least 45 days before the election. It preserves Texas’ current March primary date, while lengthening any primary run-off by the 45 day requirement, to the fourth Tuesday in May.

Texas: Perry’s Provocative Push Back | Technorati

Governor Rick Perry of Texas today signed into law “voter ID” legislation which requires polling places within the state to verify the identity of potential voters with a photo identification card. Voter ID laws are designed primarily to address voter fraud and prevent ineligible citizens, or non-citizens, such as criminal aliens, from participating in elections. Twelve states, including Texas, now have voter ID laws which require photo identification.  Seventeen additional states have similar laws which require a form of identification, but not a photo.

Editorials: John Tanner: Why voter ID won’t fly in Texas | statesman.com

It has started again. Proponents of voter ID requirements are preparing another push, confident that the law is on their side. In fact, they are backing into a buzz saw.

On the surface, the pro-ID group has reason to be complacent. It won in the Supreme Court in Indiana, which had the most restrictive ID requirement in the nation, and also in Georgia. Those states, however, are a world away from Texas.

Texas: After Six-Year Fight, Perry Signs Texas Voter ID into Law | Texas Observer

After six years of fierce partisan battling, the legislative war over voter ID in Texas is officially over. Gov. Rick Perry signed the voter ID bill into law this morning. The legislation requires voters to present one of five acceptable forms of photo ID—a drivers license, military ID, passport, concealed handgun license or a special voter ID card provided free of charge by the state. Gov. Perry designated voter ID as an “emergency item” early in the session, giving it particular priority as lawmakers rushed it through the legislative process.

… The bill signed today enacts a voter ID law more stringent than its counterparts in other states. Unlike Indiana’s law—which the bill was largely based on—Texas’ voter ID law doesn’t recognize student IDs as acceptable forms of voter identification and it gives people with a missing an ID only six days to produce one in order for their vote to count.

Texas: Texas Passes Voter Photo-ID Law | Bloomberg

Texas joined South Carolina and Wisconsin in passing a bill to curb vote fraud by demanding photo identification before letting someone cast a ballot. Republican Governor Rick Perry plans to sign the measure tomorrow, according to an e-mailed statement today. The second most-populous state joins six others including Florida and Indiana that demand a photo ID from voters at the polls.

Opponents plan to challenge the measure in court, said Jim Harrington, director of the Texas Civil Rights Project. The Austin-based nonprofit group, which advocates on behalf of minorities, says the law is unconstitutional and aimed at making it harder for Latinos to vote. Republicans who dominate the Legislature say it will survive judicial review.