Texas Supreme Court Blocks Harris County From Mail-in Ballot Applications
The Supreme Court granted the Texas attorney general’s request to temporarily halt the county’s mailing of applications while the case is appealed. A separate order blocking the effort was set to end this week.
Texas Supreme Court again blocks Harris County from sending mail-in ballot applications to all voters
"Texas Supreme Court again blocks Harris County from sending mail-in ballot applications to all voters" was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
The Texas Supreme Court has once again blocked Harris County from sending mail-in ballot applications to all its 2.4 million registered voters ahead of the November election.
In a Tuesday order, the Supreme Court granted the Texas attorney general’s request to halt the county’s effort just before a separate order blocking the mailing was set to expire. The all-Republican court told Harris County to hold off on sending any unsolicited applications for mail-in ballots “until further order” and while the case makes its way through the appeals process.
A state district judge had ruled Friday that the county could move forward with its plan, shooting down the state's claim that Harris County Clerk Chris Hollins was acting outside of his authority by sending out the applications. Texas Attorney General Ken Paxton, whose office claimed in court that the mailing of the applications would confuse voters, quickly appealed that ruling to the state’s 14th Court of Appeals. Paxton kicked the request up to the Supreme Court after the appeals court declined his request to block the lower court's ruling and instead set an expedited schedule to consider the appeal.
The Supreme Court had previously blocked the county from mailing out ballots in line with an agreement between Harris County and the AG’s office to pause the mailings until five days after a ruling from the state district judge. That agreement was set to expire Thursday.
In a statement Tuesday, Paxton celebrated the Supreme Court's order and reiterated his claim that Hollins "knowingly chose to violate Texas election law and undermine election security" — an argument the state district court rejected. On Twitter, Hollins said his was ready to send the applications and accompanying guidance on who qualifies to vote by mail "at the conclusion of this baseless litigation."
Harris County has faced intense criticism from Texas Republicans since announcing it would mail out the applications to every registered voter, going well beyond its initiative from the July primary runoffs when it sent applications to every registered voter in the county who is 65 and older. Under Texas law, those voters automatically qualify for a ballot they can fill out at home and mail-in or drop off at their county elections office.
The legal squabble over who can receive an application for mail-in ballot is part of a broader clash over mail-in voting in Texas during the coronavirus pandemic. The state’s Republican leadership has fought off any form of expansion. Texas also allows voters to cast ballots by mail if they will be out of the county during the election period, confined in jail but otherwise eligible, or if they cite a disability, which the state defines as a physical condition or illness that makes a trip to the polls a risky endeavor.
While lack of immunity to the new coronavirus alone doesn’t qualify a voter for a mail-in ballot based on disability, a voter can consider it along with their medical history to decide if they meet the requirement.
Despite the Supreme Court’s block on sending out any unsolicited application, Harris County has already proactively sent applications for mail-in ballots to voters who are 65 and older — an initiative several other counties are now taking on ahead of the November general election.
The order in the Harris County case was the second issued by the Supreme Court on Tuesday that affects mail-in voting procedures. The state's top civil court also ordered the state to add three Green Party candidates back to the ballot after a judge previously ruled them ineligible. That decision will lead to a scramble at county elections offices, which must update their overseas and military ballots by the Saturday mailing deadline and send new corrected ballots to replace any that had already been mailed.
This article originally appeared in The Texas Tribune at https://www.texastribune.org/2020/09/15/harris-county-mail-in-ballot-applications/.
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Texas Legislation Could Freeze Revenues for Cities That cut Police Budgets
The state's three top elected leaders also fiercely criticized the Austin officials who plan to cut up to one-third of their police department's budget, largely through reorganizing divisions out from under law enforcement.
Gov. Greg Abbott, other Texas leaders want to freeze property tax revenues for cities that cut police budgets
"Gov. Greg Abbott, other Texas leaders want to freeze property tax revenues for cities that cut police budgets" was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
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Gov. Greg Abbott and top Texas leaders announced Tuesday that they will push for legislation next year that would freeze property tax revenues for cities that cut police budgets, just days after the Austin City Council approved a budget that will cut police funding by up to one-third by moving areas like forensics outside of the management of the police department to become separate municipal offices and by reinvesting money in social services.
The proposal sets up what is expected to be a fight in the 2021 Texas Legislature over what police reform should look like after the in-custody death of George Floyd that reignited a national movement against police brutality and racial injustice.
“Any city in the state of Texas that defunds law enforcement will have their property tax revenue frozen as of that time,” Abbott said in Fort Worth, where the press conference was held. “This will be an effective tool that effectively will prevent cities from being able to reduce funding support for law enforcement agencies.”
The killing of Floyd, a Black man who died after a Minneapolis police officer knelt on his neck for nearly eight minutes, has spurred protests against police brutality and calls to reduce police funding across the state and country. Police reform advocates are pushing cities to reallocate police funds to areas like housing, social services and public spaces.
Texas’ four largest cities — Austin, Dallas, Houston and San Antonio — each spent more than a third of their general funds on their police departments in the 2020 fiscal year. But on Thursday, Austin became the first major Texas city to cut its police department’s budget.
At a press conference Tuesday, Austin Mayor Steve Adler said the bulk of the decrease to the police budget is achieved through reorganizing existing offices and duties out from under the department. About $80 million in police budget decreases comes from moving things like the forensic lab and the internal affairs office out of the department and into other areas of city government. Another $50 million in police budget decreases might come from areas that are being reevaluated and might be removed from the department, like traffic work, training and recruitment within the agency. About $20 million comes from moving money to social services like violence prevention, food access and abortion access programs.
"Public safety is more broad than just police and EMS and fire. It is about making sure that people have health care opportunities," Adler said. "And that is part of the way our city and other cities are going to have to frame public safety if they want to be just, equitable and the safest cities they can be."
The City Council approved the measure after Austin's police department faced months of criticism over the killing of an unarmed Black and Hispanic man, the use of force against anti-police brutality protesters and the investigation of a demonstrator’s fatal shooting by another resident. The move quickly drew outcry from Texas Republican leaders and prompted Tuesday's press conference.
“If we have police brutality, we don't need fewer police, we need less police brutality, and so we need to take action, whether it be as a Legislature or in police departments or whatever the case may be,” Abbott said. "We do need to take action to ensure that law enforcement officers are trained in ways in which they will not engage in police brutality.”
Last week, the Texas Legislative Black Caucus unveiled provisions it plans to include in a George Floyd Act when the legislative session begins in January. The proposals included some related directly to Floyd, like banning chokeholds and requiring officers to intervene if another officer is using excessive force. But they also revived efforts that have previously failed at the Capitol after facing opposition from police unions. One such measure would be to end arrests for criminal violations that at most would result in a fine, like theft under $100.
While Abbott has mentioned potential proposals since Floyd’s death, they have mostly fallen in line with what police unions also support, like increased training. But the item Lt. Gov. Dan Patrick said would be a priority in the Senate is to ensure that police funding is not diminished.
Abbott was joined in the press conference by Patrick, Texas House Speaker Dennis Bonnen, several Republican North Texas lawmakers and Fort Worth Mayor Betsy Price. During the press conference, Abbott made a reference to a report from The Wall Street Journal that showed increases in homicides and robberies in Austin this year. The report lists Austin and Fort Worth, the city Abbott praised for its public safety policies, as both showing high increases in the percentage of murders from last year to this year; city crime data reveal those percentages amount for nine more murders in Austin this year compared with 2019 and 13 more in Fort Worth.
Experts have pointed out that crime rates are nowhere near the high levels of two decades ago. An analysis by the University of Pennsylvania shows a marginal increase in violent crimes compared with the previous five years in Austin.
During the press conference, Bonnen, who is not returning to the Legislature in 2021, criticized Adler for opposing police funding cuts in previous years during property tax debates, only to support it now.
“It is not acceptable,” Bonnen said. “Law enforcement is not a tool of political agendas, and I would ask the city of Austin to stop using them as one.”
Austin City Council member Greg Casar said in a statement that the council was following what Austin residents wanted and that Abbott, instead of supporting police reforms proposed in the Black caucus' George Floyd Act, relied on fear-mongering.
“The message from the tens of thousands of Austinites who made their voices heard in this year’s budget process was clear: We must decrease our over-reliance on police to handle all of our complex public safety challenges and instead reinvest in domestic violence shelters, mental health first responders, and more," Casar said.
Other major Texas cities are also weighing police budgets, now with Abbott's proposal in mind. San Antonio’s proposed budget for 2021 increases overall police funding by $8 million, but cuts overtime and funds health and violence prevention programs. In Dallas, the proposed 2021 budget includes a small increase in police funding, as well as $3.2 million for safety net resources. Both cities are scheduled to approve their budgets in September.
"I would want to see the actual legislation before I comment directly on Governor Abbott's proposal because 'defunding' means different things to different people," said Dallas Mayor Eric Johnson in a statement. "But generally, I believe it should be up to voters to hold their local elected officials accountable for their budgetary decisions, which should reflect the people's priorities."
The Houston City Council approved a minor funding increase to its police department in June, but an amendment that tried to redistribute some of the money to other areas, like the police oversight board and loans for businesses owned by people of color, was rejected.
In Fort Worth, voters supported renewing the half-cent sales tax that funds at least 24% of the city police department's budget in July. According to the Fort Worth Star-Telegram, the city is considering a proposal to redirect some funds within its police department to expand its mental health team, increase funding to nonprofits and create a civilian response program.
Abbott said Tuesday's press conference was in Fort Worth because “Fort Worth is doing it right” in terms of investing in police and public safety. While Abbott mentioned Floyd’s death in Minneapolis, there was no mention during the conference of Atatiana Jefferson or other Black residents who died in high-profile Texas police killings. Jefferson, a 28-year-old Black woman, was killed last year after a Fort Worth police officer shot into her home during a welfare check. The former officer, Aaron Dean, has been indicted on a murder charge.
Advocates have argued that while police departments receive a large portion of city funds, safety net programs remain underfunded and communities of color are disproportionately affected by unemployment, lack of adequate housing and poverty. In 2018, 19.6% of Black Texans and 20.9% of Hispanic Texans lived below the poverty line, according to the U.S. Census Bureau, compared with 8.5% of non-Hispanic white Texans.
“The only way that you're going to prevent crime is by addressing the root causes of crime, and the main one is poverty,” said Nora Soto, co-founder of Our City Our Future in Dallas. “Police have acted as a poverty patrol. They're criminalizing poor people.”
Police unions explain that law enforcement is expensive and involves a wide range of responsibilities, which include everything from responding to potentially dangerous emergency 911 calls to attending monthly neighborhood meetings.
“Just because of the sheer volume of tasks that we are responsible for dealing with, public safety is going to be the most expensive part of a city budget across the board. That's really just demand,” said Jennifer Szimanski, public affairs coordinator for the Combined Law Enforcement Associations of Texas.
Disclosure: Steve Adler, a former Texas Tribune board chairman, has been a financial supporter of the Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.
This article originally appeared in The Texas Tribune at https://www.texastribune.org/2020/08/18/texas-police-funding-greg-abbott-dan-patrick/.
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Austin City Limits music festival canceled
The Austin City Limits Music Festival, set to take place this fall was canceled Wednesday because of ongoing concern over the spread of the coronavirus.
Austin City Limits music festival canceled for 2020 because of coronavirus
"Austin City Limits music festival canceled for 2020 because of coronavirus" was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
The Austin City Limits Music Festival, set to take place this fall was canceled Wednesday because of ongoing concern over the spread of the coronavirus, festival organizers said in an email Wednesday.
ACL is one of the largest outdoor music events in Texas and a major economic driver for the city. Last year, about 75,000 people attended each day of the two-weekend event, bringing attendance to at least 400,000, according to the Austin Monitor. The 2019 headliners included Cardi B, Guns N' Roses, Childish Gambino and The Cure. The lineup for 2020 had not yet been announced.
In 2018 the festival contributed $264.6 million to the city's economy and created or sustained at least 1,500 jobs across bars and restaurants, hotels and transportation, reported the Austin American-Statesman.
"We would have loved to put on another memorable show this year, however, with the uncertainty surrounding the current situation in Texas, this decision is the only responsible solution," organizers said. "The health and safety of our fans, artists, partners, staff and the entire Austin community remains our highest priority.
The festival is scheduled to resume in October 2021 to commemorate the event's 20th anniversary. Those who already purchased tickets to the 2020 event have the option to lock in tickets for next year at the same price or get a refund.
This is the latest of a number of high profile cancellations in Texas related to the pandemic, including the popular South by Southwest festival that was canceled in March by Austin Mayor Steve Adler about a week out from when it was set to begin.
The cancellation from the city of Austin initially caused some tension with festival organizers and the hospitality industry who worried Adler was being overly cautious. When the cancellation was announced Texas had at least 17 confirmed cases of the virus — all were people who were exposed overseas and the virus had not begun to spread widely in the community. It was the event's first cancellation in its 34-year history.
Last year, SXSW had an estimated $356 million financial impact, about $200 million of that is related to spending by attendees, the Statesman reported. The economic activity from SXSW makes up about 4% of Travis County's annual hospitality earnings.
Disclosure: Austin Mayor Steve Adler has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.
This article originally appeared in The Texas Tribune at https://www.texastribune.org/2020/07/01/austin-city-limits-acl-canceled-coronavirus/.
The Texas Tribune is proud to celebrate 10 years of exceptional journalism for an exceptional state. Explore the next 10 years with us.