Joe Biden’s Struggles Along the Texas Border
Democrats once again won a large number of counties along or near the Texas-Mexico border, but by narrower margins than in recent elections. That showing played a big role in disappointing results for the state’s Democrats.
By Alex Samuels and Patrick Svitek, The Texas Tribune - November 4, 2020
When vice presidential nominee Kamala Harris made an 11th-hour stop in McAllen on Friday, she stressed the importance of the predominantly Hispanic border city and its surrounding region to Democrats.
“There are people here who matter, people who are working hard, people who love their country, and we need to be responsive to that,” she told reporters.
On Tuesday, statewide results confirmed her message, but not in the way her party had hoped. Democrats once again won a large number of counties along or near the Texas-Mexico border, but by a much narrower margin than in recent elections. And that underperformance played a big role in disappointing results up and down the ballot for the state’s Democrats.
In 28 counties in South Texas or near the border, Biden won by a combined 17 percentage points, according to election night returns. That’s about half of Hillary Clinton’s 33-point margin over President Donald Trump across those counties four years ago. Biden’s underperformance was even more pronounced in the Rio Grande Valley, which comprises the four southernmost counties in the state. Biden carried those counties by 15 points after Clinton won them by 39 in 2016.
The relatively poor showing prompted immediate soul-searching by Democrats in the state as politicians, party leaders and voters debated whether the various regions along the border — and Hispanic voters across Texas — have been taken for granted.
“I think there was no Democratic national organizational effort in South Texas, and the results showed,” said U.S. Rep. Filemon Vela, D-Brownsville. “The visits are nice, but without a planned media and grassroots strategy, you just can’t sway voters. When you take voters for granted like national Democrats have done in South Texas for 40 years, there are consequences to pay.”
In perhaps the most stunning result, Trump flipped Zapata County, which lies immediately north of the Valley. Trump carried the small county by 5 points after Clinton won it by 33 in 2016 and Barack Obama by 43 in 2012.
Farther up the Rio Grande, Biden won Maverick County — home to Eagle Pass — by 9 points after Clinton secured a blowout there by 56 points in 2016.
The struggles could also be seen in congressional races, too. In the 23rd Congressional District, which covers a long stretch of border along West Texas, Democrat Gina Ortiz Jones was defeated by Republican Tony Gonzales in a race that many considered the most likely pickup opportunity for congressional Democrats in Texas.
And in a district that stretches from the Rio Grande Valley to east of San Antonio, Monica de la Cruz-Hernandez came within 3 points of upsetting U.S. Rep. Vicente Gonzalez, D-McAllen, for a seat that was considered solidly blue. Gonzalez won reelection by 21 points in 2018.
“Clearly, last night’s election was a phenomena at the top of the ticket that impacted campaigns down ballot across Texas and throughout the country,” Gonzalez said in a statement.
South Texas has long been a Democratic stronghold, but it has never been a liberal bastion. Instead, moderate Democrats often ascend to office and remain there, such as state Sen. Eddie Lucio Jr., D-Brownsville; U.S. Rep. Henry Cuellar, D-Laredo; and former longtime U.S. Rep. Rubén Hinojosa, D-McAllen.
Former state Rep. Aaron Peña of Edinburg was elected as a Democrat in 2002 before switching to the GOP eight years later while in office.
“I’m tired of my community being taken for granted,” Peña told The Texas Tribune in 2010 as he left the Democratic Party.
Vanessa Guerra, a 30-year-old geologist who lives in Penitas, voted for Biden, but said she would have liked to see more outreach from the party.
“Over here, there are a lot of folks that think being a Democrat is the same as being socialist,” she said. “There should have been a campaign making sure people know that they are not socialists. People from Latin America have had socialist leaders, and they are afraid of that happening again.”
By Wednesday, Republicans were bragging about Democrats’ poor showing in the southern part of the state.
“They didn’t do anything in the Valley, and the president crushed them in terms of overperforming” there, said Dave Carney, Gov. Greg Abbott’s chief political adviser. “You look at some of our Hispanic candidates in the Valley running for the House — it was pretty close. There’s not gonna be a recount or anything, but we see real, real, opportunity to continue to grow … the Republican brand.”
In Cameron County, the second-most populous county in the Valley, Biden was leading by only 13 points after Clinton carried the county by 33 in 2016. The Democratic Party chair there, Jared Hockema, said he was “sort of struck with a sense of deja vu from the primary,” when Biden also did not perform well in counties with large Hispanic populations.
Hockema acknowledged Democrats were in need of some soul searching when it comes to Hispanic voters, but he noted that “at the same time, [Biden] expanded our electorate in other directions” statewide.
“We win elections because we build good coalitions,” Hockema said. “I think we brought a lot of new people into our coalition. It just seems some of the people who were already in the coalition didn’t have as much of a part last night, and we’re gonna see why that is.”
Jason Villalba, a former Republican member of the Texas House and president of the Texas Hispanic Policy Foundation, said in an interview Wednesday morning that much of Biden’s relative weakness can be blamed on a lack of outreach.
“Statewide candidates — the John McCains of the world and the Joe Bidens of the world — come to Texas, they spend an hour at a very high-end country club in the RGV, they have a margarita machine and they call it a pachanga, and they call that Hispanic outreach,” Villalba said. “Well, those days are done.
"The only way you’re going to truly win the hearts and minds of Hispanics is to meaningfully engage the community on a personal and consistent basis.”
But not everyone viewed Biden’s showing along the border as a sign of Democratic struggles among Hispanic voters. Ed Espinoza, executive director of Progress Texas, noted on Twitter that the number of people who voted for Biden actually increased in three of the most populous border counties in the state. In each of those counties, the Republican share of the votes also grew, however.
“While border counties in Texas are very Latino they are also very rural - and Trump improved his performance in rural communities by 400k votes across Texas,” Espinoza wrote. “What we’re seeing [in] South Texas looks less like Latinos leaving Biden and more like rural voters flocking to Trump.”
Overall turnout was up across 28 counties on or near the border this year — 52.7% versus 49.2% in 2016. The Valley had a turnout rate of 54.2% as of midday Wednesday, compared with 48.6% in 2016. This year’s rates could climb higher as absentee ballots are counted.
And Tuesday night’s results nationwide showed how Hispanic voters can’t be viewed as a monolith. Biden underperformed among Cuban Americans in the Miami area while building a strong coalition among Hispanic voters in Nevada. But in Texas, Villalba said, the Hispanic voters are much more inclined to be courted by Republicans.
In any case, though, Vela said campaigns cannot count on the Hispanic vote if they are not seriously investing in it.
“Certainly more should have been done, but in a national campaign you have to prioritize resources,” Vela said. “What we are seeing today given the close races in Michigan, Wisconsin and Pennsylvania confirms that decision.
Mitchell Ferman contributed reporting.
Texas voters still fly a red political flag
Texas Republicans might not be able to do everything their most ardent partisans would like, but Tuesday's election left them in the driver's seat in what remains a GOP-controlled state government.
Texas is not blue, but after this latest election, its Democrats are.
The party’s latest effort to turn Texas its way fell short on Tuesday. Democrats got no wins in statewide races from the presidency to the high courts, and the party’s elected officials remain in the minorities of the congressional delegation, the Texas Senate and the Texas House.
Still, Texas Democrats have steadily made it more difficult for Republicans to get things done when the Democrats don’t want to go along. With the 2020 general election behind us, the Republican state House majority is intact, but small. The GOP advantage in the Senate has shrunk again, to the point where Republicans will need to change their rules or be forced to win Democratic support to bring legislation before the full Senate for debate.
If the issues of the day were not enough to force Texas lawmakers into practical things, the politics would be.
Those “practical things” are numerous.
The pandemic continues to require action from the state, and many legislators want a say in a response that has so far been a solo act for Gov. Greg Abbott, who’s been relying on emergency powers to control everything from business closings to rules for wearing masks.
The staggering economic impact of the pandemic has cut deeply into state revenues, leaving lawmakers with a multibillion-dollar hole in the current two-year budget and larger problems for the two-year budget they will have to write in 2021. The session’s financial troubles will start with the first and move to the second, an unwelcome invitation to either cut spending or to find new money to spend.
Issues raised by the killing of George Floyd and others at the hands of police will be on the agenda, including police training, funding, and the liabilities and responsibilities of officers for their own actions on the job.
Lawmakers will probably take up voting and election laws, a persistent source of litigation and argument during this election cycle and an area of law ripe for legislative tinkering and remodeling.
They’ll tackle redistricting, drawing political maps that could be used for federal and state legislative races for up to the next 10 years — the issue that persuaded out-of-state Democrats and Republicans to pump millions of dollars into Texas House races this year.
And they’ll be doing all of that in a Texas Capitol where social interaction is limited, where there has been talk of limiting the number of bills in order to minimize risks, and of limiting public access to the proceedings.
It’s not going to be the kind of session where politicians spend their time arguing about proposed regulations on which bathrooms transgender individuals may use. They have real work to do.
And they have real politics in their way. The Senate, which has been the more conservative chamber for several sessions, has been limited by what it could get past the more moderate, but still Republican House. And the Senate lost a Republican vote on Tuesday night, cutting into the Republican majority there.
It’s not that the place became more liberal in this election. The Democrats, with a very few exceptions, fell short.
But what’s left is a House with a narrow Republican majority, a Senate with one more Democrat than before, and a Republican governor trying to keep all of the party’s factions moving in the same direction.
Texas is not as reliably red as some might think, but after the contentious and expensive 2020 elections, the Democrats haven’t been able to make it a blue one.
John Cornyn defeats MJ Hegar for U.S. Senate seat
Hegar called Cornyn and conceded within minutes of the race being called, according to both campaigns. Cornyn gave a victory speech shortly after 9 p.m.
John Cornyn defeats MJ Hegar to retain U.S. Senate seat
"John Cornyn defeats MJ Hegar to retain U.S. Senate seat" 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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U.S. Sen. John Cornyn, R-Texas, has defeated Democratic challenger MJ Hegar by a comfortable margin.
With an estimated 77% of the votes counted, Cornyn was leading Hegar by 8 percentage points 52.6% to 45%. Decision Desk declared Cornyn the winner earlier in the night when he was up by a point.
Libertarian Kerry McKennon was getting 1%, while Green Party candidate David Collins was garnering 0.7%.
Hegar called Cornyn and conceded within minutes of the race being called, according to both campaigns. Cornyn gave a victory speech shortly after 9 p.m.
"This is a historic election for so many reasons," Cornyn said. "Whether I earned your vote or whether you were pulling for my opponent, I'm honored and committed to serving and representing all Texans."
"I'm glad we had this fight," he added. "It's a fight for the soul of our nation and our state."
In a statement, Hegar touted the Democratic progress her campaign aided despite losing.
"Together, we stood up and got to work, building a powerful grassroots campaign from the ground up, shattering voter turnout records, and most importantly sending a message to a previously safe Senator that he answers to us," Hegar said. "I am confident that the work we did will move our state forward for years to come."
Cornyn was competing for his fourth term against Hegar, the former Air Force helicopter pilot who unsuccessfully ran for U.S. House two years ago in suburban Austin.
Throughout the race, Cornyn maintained single-digit polling leads against Hegar — some smaller than others — though she benefited in recent weeks from fundraising momentum and a late outside spending surge, making for a less certain homestretch.
Cornyn told reporters after his victory speech that the 11th-hour Democratic spenders "had more money than they knew what to do with, so they ended up investing in a long shot in places like Texas."
Hegar ran against Cornyn, casting him as a career politician whose time had passed and touting herself as a military veteran, working-mom outsider who would better represent Texas values. She accused him of not taking the coronavirus pandemic seriously enough and emphasized his leading role in the GOP push to dismantle the Affordable Care Act and, with it, its protections for people with preexisting conditions.
Cornyn, meanwhile, pitched himself as a “steady hand on the wheel” whose congressional seniority was especially needed in such a turbulent time. He portrayed Hegar as too liberal for the state, calling her views hostile to the oil and gas industry and seeking to link her to the “defund the police” movement.
After U.S. Sen. Ted Cruz’s unexpectedly close race against Beto O’Rourke in 2018, Cornyn admitted Republicans had a wake-up call and sought early to show he was not taking anything for granted. He hired a campaign manager in January 2019 and lined up a series of big-name intraparty endorsements — including that of President Donald Trump — to guard against serious primary opposition.
Cornyn was successful. State Sen. Pat Fallon, R-Frisco, opted against challenging Cornyn after a short flirtation, and Cornyn easily dispatched four primary opponents in March.
Hegar’s path to her party’s nomination was far longer and more difficult. The Democratic primary attracted 11 other candidates, and many were upset when the Democratic Senatorial Campaign Committee intervened in December and backed Hegar.
She finished first in the primary but found herself in a runoff against state Sen. Royce West of Dallas, who proved to be a tough opponent. The runoff was postponed from May until July due to the coronavirus pandemic, and it turned bitter at the end as West interrogated Hegar over her Democratic credentials, and she suggested he had used his public office to enrich himself.
Hegar defeated West by 4 points, a closer-than-expected margin that came after an 11th-hour wave of spending by her national Democratic allies.
Once in the general election, it was not immediately clear how quickly Hegar would be able to pivot from the protracted nominating process to taking on a well-funded incumbent. She put that question to rest on Sept. 30, when she announced she had raised over $13.5 million in the third quarter, nearly eight times more than what she raised in her previous best quarter. She raised nearly double Cornyn’s haul for the period, and more notably, she erased his long-running cash-on-hand advantage.
As early voting got underway, more help arrived for Hegar — and in a major way. A coalition of national Democratic super PACs, led by the Silicon Valley-backed Future Forward, dumped over $20 million into the race, much of it on TV ads against Cornyn. The incumbent, whose allies were not able to keep up, admitted the late spending spurge was what worried him the most as he neared Election Day.
The homestretch was not all positive for Hegar, though. After her relationship with West came up at her only debate with Cornyn, West revealed that he did not plan to vote for her and said she had a problem with Black voters. The Cornyn campaign seized on the bombshell, cutting ads highlighting West’s comments. West pushed back on Cornyn making an issue out of it and said he would vote for Democrats up and down the ballot, but he never confirmed whether he specifically cast a ballot for Hegar.
While the pandemic upended plans for in-person campaigning throughout most of the general election, both candidates crisscrossed the state in the final days. Hegar joined U.S. Sen. Kamala Harris, the Democratic vice presidential nominee, for her three-city tour of Texas on Friday before setting out on her own. Cornyn, meanwhile, completed a weeklong bus tour of the state that ended Monday with three stops featuring Cruz.
This article originally appeared in The Texas Tribune at https://www.texastribune.org/2020/11/03/john-cornyn-mj-hegar-texas-senate/.
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Five Things to Watch on Election Day 2020 in Texas
Texas is playing host to a series of high-stakes contests up and down the ballot, from a presidential race that could be the state’s closest in a generation to the fight for the Texas House majority.
By Alex Samuels and Patrick Svitek - November 3, 2020
It’s finally Election Day
After months of campaigning and prognosticating — all during a pandemic — Texas is playing host to a series of high-stakes contests up and down the ballot, from a presidential race that could be the state’s closest in a generation to the fight for the Texas House majority. And it is all coming after an early voting period that saw turnout exceed the number of votes for the entire 2016 election. After 9.7 million people voted early, some experts believe Texas might be on a path to potentially surpass 12 million voters when all is said and done.
Texas has attracted intense national interest in recent weeks, and in one sign of it, the chair of the Democratic National Committee, Tom Perez, spent the day before the election traveling the state.
“The road to the White House runs through Texas, and the road to a Senate majority runs straight through the great state of Texas, and that’s why I’m proud to be here, folks,” Perez said Monday morning in San Antonio.
Hours later, as he finished a six-day bus tour in Dripping Springs, U.S. Sen. John Cornyn recognized two of the factors making for a dramatic end to the general election in Texas: the massive early voting turnout and a late surge in outside Democratic spending against both him and President Donald Trump. Cornyn said the 9.7 million early voters are a “wonderful thing” but added that “about a million of them have never voted in a primary general election, so that’s going to be an interesting mystery.”
“We’ve never seen such an unprecedented amount of out-of-state money coming into Texas this election,” said Cornyn, speaking from the balcony of his campaign bus surrounded by down-ballot candidates. “Every single Republican up here is being outspent by our opposition.”
A reminder: The number of Texas voters casting absentee ballots has risen sharply due to the coronavirus pandemic, and the outcome of some key races may not be known Tuesday night as a result. That being said, here are five of the biggest storylines to watch.
Can Joe Biden actually win Texas?
A Democrat hasn’t won Texas’ electoral votes since 1976, but statewide polls show a highly competitive race.
If Biden can turn voters out and flip the state, it would be a massive event in state and American politics — and would almost certainly mean a Biden victory nationwide.
A Democratic win in Texas could hinge on Hispanic and suburban voters. On Friday, Biden’s running mate, U.S. Sen. Kamala Harris, made a last-minute stop in McAllen with Beto O’Rourke and Julián Castro. When asked by a reporter there why she was visiting the border city, Harris said it was “because there are people here who matter, people who are working hard, people who love their country, and we need to be here and be responsive to that.” (Trump hasn’t done any general-election campaigning in Texas, though national surveys have shown Trump improving among Hispanic voters compared with his 2016 standing.)
Texas’ fast-changing suburbs, meanwhile, have been steadily slipping out of Republicans’ grip over the last few election cycles. On Tuesday, Democrats are hoping to pick up several congressional and state House seats in these regions and build on the suburban strength they garnered in 2018 to undercut Trump’s advantage in rural areas of the state.
Of the 1.8 million newly registered voters the state gained between 2016 and 2020, most of them are in large urban and suburban counties. The big cities are dominated by Democrats. Meanwhile, traditionally Republican suburban counties like Denton, Williamson and Collin are trending more blue.
Will the Texas House flip?
After gaining 12 seats in 2018, Democrats are nine away from the majority in the Texas House. Flipping the chamber would unlock a major prize for the party: more influence in the 2021 redistricting process.
While Democrats have to defend the dozen seats they picked up, they are confident about those races and have cast a wide net on offense, designating as many as 22 pickup opportunities. At the core of that battlefield are the nine seats that O’Rourke won in 2018 that are still represented by Republicans.
The battle for the lower chamber has become a hugely expensive affair, attracting tens of millions of dollars from statewide and national groups. On the latest campaign finance reports alone, covering Sept. 25 through Oct. 24, candidates across 34 battleground districts combined to raise $39.4 million, including in-kind donations, and spend $22.3 million.
Gov. Greg Abbott, who is not up for reelection until 2022, has made the state House fight his top political priority this election cycle. His campaign has spent over $6 million on down-ballot races this fall, according to a memo sent Monday to state House Republicans.
Abbott has also visited a handful of battleground districts recently to knock doors. On Saturday, Abbott was in House District 121, where state Rep. Steve Allison, R-San Antonio, is fighting for reelection after winning the seat by 9 points just two years ago. Still, Democratic optimism about capturing the House majority has only grown in the homestretch. In one sign that the party anticipates being in control come January, three Democratic members have announced in recent days that they are running for speaker.
How many U.S. House seats will Democrats pick up?
U.S. House Speaker Nancy Pelosi came to Texas in March 2019 and declared the state would be “ground zero” for Democrats in 2020. They have made good on her promise, at least when it comes to the congressional battlefield here.
The Democratic Congressional Campaign Committee has built a Texas target list that includes 10 GOP-held districts, more seats than the committee is working to flip anywhere else in the country. In all but two of the 10 districts, the DCCC has added the Democratic nominee to its Red to Blue program for top candidates.
National Republicans, meanwhile, have targeted the two seats they lost in 2018, those held by Democratic U.S. Reps. Colin Allred of Dallas and Lizzie Pannill Fletcher of Houston.
With Allred and Fletcher well positioned for reelection, most of the action has centered on the Democrats’ targets, and four of them in particular at this point: the 21st District, where Rep. Chip Roy, R-Austin, is up for reelection; the 22nd District, where Rep. Pete Olson, R-Sugar Land, is retiring; the 23rd District, where Rep. Will Hurd, R-Helotes, is not seeking reelection; and the 24th District, where Rep. Kenny Marchant, R-Coppell, is also vacating the seat.
That is not to say Democrats are not seeing promise in other targeted districts. As an example, they have grown optimistic in the homestretch about the 3rd District, where Rep. Van Taylor, R-Plano, is running for reelection in the kind of highly educated suburban district that has swung away from Trump.
Can John Cornyn dispatch a late Democratic spending blitz?
Cornyn, a Republican, has long had a polling lead — if small at times — in his reelection campaign. But the race is ending on a less certain note amid an 11th-hour spending spree by Democratic outside groups that even Cornyn admits is concerning.
Senate Majority PAC, Future Forward and EMILY’s List combined to dump eight figures into the contest during early voting, seeing a late opportunity to unseat Cornyn and elect his Democratic opponent, MJ Hegar. The president of EMILY’s List, Stephanie Schriock, told reporters Friday that the contest has become a “late-breaking race” and that with Texas’ huge early voting turnout, “we feel like we’ve got a real path here to victory.” A pro-Cornyn super PAC has ratcheted up its spending in recent days, but it has not been able to match the Democratic coalition dollar for dollar.
Both Cornyn and Hegar hit the road hard in the lead-up to Tuesday. Hegar, the former Air Force helicopter pilot, joined Harris for her three stops Friday across Texas and then headed out on her own, visiting Austin, Del Rio, Laredo, San Antonio, Webster, Arlington and Dallas.
Cornyn, meanwhile, went on the bus tour, which began Wednesday. He swung through 21 cities through Monday, which included three stops that day with the state’s junior senator, Ted Cruz, who warned in Dripping Springs that the state is “under assault” and asked Republicans to “fight back the socialist horde that is attacking our state.”
How high can Texas turnout get — and when will all the votes be counted?
There were 9.7 million early voters in Texas, exceeding the 9 million who voted in the entire 2016 election. Now the question is this: Just how high will total turnout go Tuesday?
Many political observers are bracing for a turnout north of 12 million, which would be uncharted territory in Texas politics. Just how uncharted? Consider this: A turnout of over 12 million would be more than two and a half times that of the last time Cornyn was on the ballot, in 2014.
Across the country, election officials are preparing for a longer-than-usual wait time for full results due to adjustments made as a result of the coronavirus pandemic. However, that could be less of a factor in Texas, which declined to expand mail-in voting and lets counties begin counting absentee ballots before Election Day.
Still, more down-ballot races are in play than in recent memory in Texas, and there is the possibility that multiple outcomes are not confidently known until every last ballot is counted. In Texas, absentee ballots count as long as they are postmarked by 7 p.m. on Election Day and received by the county elections office by 5 p.m. the next day. Counties can also accept overseas military ballots through Nov. 9.
How Votes are Counted in Texas
Each of Texas' 254 counties is responsible for counting its ballots, but they have specific guidelines they must follow.
By Hanna Kozlowska, Votebeat - November 2, 2020
This coverage is made possible by Votebeat, a nonpartisan reporting project covering local election integrity and voting access. The article is available for reprint under the terms of Votebeat’s republishing policy.
There are more votes than ever to count in Texas this year: A record-breaking 9.7 million people cast ballots during Texas’ early voting period — 8.7 million of those were cast in person, and nearly 1 million sent through the mail. By the time Election Day comes and goes, experts predict that the total Texas vote count could reach 12 million.
The state’s 254 counties are responsible for tabulating the ballots, but they must follow a certain set of rules. Here’s how the process works in Texas:
Processing and counting mail-in ballots
County officials have already started reviewing mail-in ballots. In counties with over 100,000 residents, early voting ballot boards were allowed to start convening and processing mail-in ballots 12 days before the election. In smaller ones, they could start after the polls closed on the last day of early voting — which this year was Oct. 30. Mail-in ballots must be postmarked by Nov. 3, and they must arrive by Nov. 4.Once the early voting ballot board gets the ballot, officials check whether the voter is registered to vote and may entrust a signature verification committee to match the signature on the envelope to the voter’s absentee ballot application. (They may use other signatures the county has on file.) The signature verification committee must have at least one reviewer from each party, and the majority of its members has to agree that the signature matches. Because of a ruling from the 5th U.S. Circuit Court of Appeals on Oct. 19, Texas officials can reject a mail-in ballot without telling the voter, unlike in states such as California, where voters must be notified of a problem with their ballot and given the opportunity to fix it.
In the counties that use scanning devices to count votes, officials could start opening the envelopes and scanning the ballots in preparation of Election Day. But this process hasn’t gone smoothly everywhere — in Tarrant County, Texas’ third most-populous, the scanners were rejecting about one-third of the mail-in ballots because of illegible bar codes, forcing board members to manually replicate the ballots in order for those votes to be counted. Although the votes can be scanned, they cannot be tallied before Election Day.
The portion of absentee ballots in Texas is larger than usual but smaller than in many other states since Texas is one of the few states that didn’t expand mail-in ballot eligibility requirements during the coronavirus pandemic. Voters had to have an excuse, whether it was being over 65 years old, having a disability, or being out of the county. The risk of getting infected with the coronavirus was not a sufficient reason.
Counting in-person ballots
Because of the pandemic, however, Texans were able to vote early in person starting on Oct. 13, providing six more days than in previous years. Voters use three methods to cast their ballots in person, depending on their county. Unlike many other states, Texas does not require a paper record of a person’s vote when using an electronic system. Still, for in-person voting, paper ballots remain the main way many Texans cast ballots, according to the secretary of state’s office. In some locations, the process is analog from start to finish, and ballots are both filled in and counted by hand. In others, voters mark paper ballots, which they then insert into a scanner, which also acts as a tabulating device.
The third method is through direct record electronic systems, or DREs. The voter makes their choices on a touchscreen or using a dial, and presses a “Vote” or “Cast Ballot” button to register their decision. That’s the kind of machine used by Harris County, making it the largest jurisdiction in the country — with 4.7 million residents — whose votes can’t be verified by a paper trail.
The Texas voting system is very decentralized, which means each of its 254 counties might handle the way it processes and counts its votes differently. For example, in Harris County, votes cast on the DRE machine are registered on a memory card, which has to be taken out of the device and transported to a central counting location, uploaded onto a computer and then tallied, The Houston Chronicle reported.
In Kendall County, population 47,431, which will use new equipment this year, the scanning machine is also the tabulator, and the process happens at the precinct level.
Not even the secretary of state’s office, which oversees elections in Texas, was able to tell Votebeat whether most counties do their vote tabulating on the precinct or on the county level.
Reporting results
All counties must, however, notify the secretary of state’s office of their results.
“The counties manually enter the vote totals into our system (TEAM, the state’s election interface) on election night,” Stephen Chang, spokesperson for the secretary of state’s office, said. “They access a web based application and put the numbers in one digit at a time, one race at a time.”
Most Texas counties report their early vote tallies pretty soon after the polls close at 7 p.m. The in-person Election Day count across the state usually comes in later, especially since Texas voters can cast a ballot if they are in line when polling sites close at 7 p.m. The polling analysis website FiveThirtyEight estimates that Texas should get most of its tallying done on Tuesday, but the counting might go into Wednesday or Thursday.
That is not the end of the process. Texas has a post-election audit to ensure an accurate count. Districts that use electronic voting systems that do provide a paper record of the vote have to start conducting a partial manual count, also known as canvassing, by Friday, Nov. 6. It has to be done in three precincts or in 1% of the precincts, whichever is the larger number, and be completed by the 21st day after the election.
Small Towns in Texas Endure a Stressful Election
While big cities and high-stakes lawsuits dominate Texas voting news, the election may come down to rural counties where there's usually just a few people to handle registering voters and reporting results.
Without Christie Mooney, there is no election for Archer County’s 6,000 registered voters this year. No one else in the rural enclave near Wichita Falls in north Texas is responsible for registering voters, opening mail-in ballots, setting up polling stations, training poll workers, running the website, studying election code or pretty much anything else that comes along.
In a large city like Houston to the distant southeast, Harris County Clerk Chris Hollins has teams to perform each of those tasks, overseeing a staff of hundreds running a complex operation to serve the county's 2.4 million registered voters. As a flurry of lawsuits and court decisions have continually shifted the landscape of this year's highly charged election, election officials like Hollins in urban counties have gangs of lawyers, and daily find themselves in the thick of fierce partisan battles over voting rules and access.
But in much of Texas, elections come down to the people like Mooney, a 55-year-old former car dealership office manager turned election junkie. Rural counties like hers often have no more than a few people, sometimes in part-time jobs, responsible for everything.
Four days before Election Day, with voting underway at the county's three early polling places, her office in the Archer County courthouse reflected that. Plastic tables stacked with half-a-tree’s worth of papers lined the walls, crowding the methodically organized office. A giant whiteboard loomed over the room bearing endless reminders and to-dos written in blue marker: Program ballot — check. Order election kits — check. She still needed to install backup batteries in voting machines in case of a power outage and build voting kits.
Her desk showed a flare of fall — blue, orange and white pumpkins — and 2020 election mayhem, with dozens of manilla envelopes set in 11 piles.
“No one understands how difficult elections are to run,” Mooney said “The election administrators in every state in the Union are the ones that are under the pressure, waking up at three o'clock in the morning.”
Before an impending ice storm earlier this week, Mooney made sure her poll workers had rides and scheduled a de-icer for the parking lots and paths into the building to ensure voters’ safety. Over the course of a few hasty phone calls, she barely had time to explain all this, let alone breathe.
Rule changes have come often this election season, covering everything from when absentee ballots can be counted to wearing masks while voting, leaving election administrators scrambling to keep up.
“It’s been really hectic,” said Virginia Pallarez, who's running the election in Presidio County, in far West Texas, closer to New Mexico than Austin. An extra week of early voting, which Gov. Greg Abbott announced in late July, left Pallarez searching for more poll workers in a county with fewer than 5,000 registered voters. She spent precious time placing ads and calling anyone who she thought would help out.
When counties were limited to one location to drop off mail-in ballots, she stretched herself even thinner trying to figure out where that would be.
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Hollins has nothing but empathy for his rural colleagues. In Houston, he has the staff to handle changes as they come in, but he knows that’s not the case for most Texas counties, which he says is “frustrating.”
“I know that there are 253 other election administrators who face similar challenges and may not have as large of a team who could step up and do this work at these critical junctures,” Hollins said. “I feel for the election administrators across Texas.”
While Pallarez struggled to find enough poll workers, Hollins has 12,000 this year — drawn from a pool of 40,000 applicants — roughly double the number the county had in 2016. This allowed him to staff polls for 24 hours one day this week, and gives him a cache of 28,000 contacts should he need more. He’s doing everything he can to allow voters to cast ballots whenever they can.
“This is the most important election of our lifetime, period,” Hollins said.
But after months of adrenaline and caffeine, Hollins, like the fathers and mothers, brothers and sisters running the election across Texas, is tired. This year has been dizzying. Rushed special and local elections, the end of straight-ticket voting, one mail-in ballot drop-off location per county, curbside voting, a raging pandemic. The list is endless.
“We're all losing sleep right now,” Hollins said on his way to visit a polling station Tuesday. “And we'll all be anxious to catch up on that once this election is over. But we know how important this is. And we're deeply committed to this mission.”
That exhaustion is even more pronounced in rural counties.
Kevin Stroud, like Mooney, is running Aransas County’s election mostly by himself — he has one other full-time staffer and one part-timer in the rural county near Corpus Christi on Texas’ Gulf Coast. Stroud used to work at the city library, and came into the election administrator's job in September. He had to hit the ground sprinting to keep up with the changes.
“We’re just average ordinary people,” Stroud said. “We come to work and do our best job to allow them to get out there and exercise their right to vote.”
From answering questions from his 18,000 registered voters about where they can go vote and when, to documenting voting procedures and sending data to the office of Texas Secretary of State Ruth Hughes to make sure he is adhering to the latest rules, Stroud has put in an extra 20 hours in recent weeks. He wouldn’t change a thing.
“Once you get bit with the election bug, you can’t get away from it,” Stroud said.
With rumbles from both major political parties indicating that they're prepared to challenge unwelcome election results, on top of trying to keep voters safe from the coronavirus, many of Stroud’s peers are even more stressed than usual about getting things right.
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“This is a different election. Everybody’s under a lot of pressure right now,” Pallarez said. “I’ve never felt just this type of pressure to conduct the election without any problems. I don’t want anybody to come in and question whether we did this wrong or that went wrong.”
Mooney agrees. She is often on the phone with neighboring election administrators talking through logistics and the latest procedural changes that are essential to running a successful election.
“The stakes are too high to make a mistake,” Mooney said. “I double check, triple check everything. I don’t want there to be any questions about the integrity of my elections.”
In many rural counties, like in urban Harris county, voter engagement is way up, making the jobs of election administrators even busier. In Archer, Mooney hears from voters daily asking for early returns and has registered 200 new voters this year. In Aransas, Stroud opened up a second early voting site, which means he had to find more staffing, to absorb the record number of voters. With about double the number of Aransas residents voting by-mail this election — through Thursday, 1,400 voters did so — he’s busy processing those ballots and fielding calls from voters wondering if their votes have been received.
According to each of the election officials, their families and friends finally understand how important and stressful their job is. They are regularly thanked for what they are doing.
For Mooney, Tuesday night will be less of an end to a marathon — though she will feel relieved when it does come — than another lap in an unrelenting race.
“It’s a feeling of accomplishment,” she said. “But it only lasts one night before you have to start getting ready for the next one.”
Kleberg County - Early Voting Ends October 30
Early voting for Kleberg County will end on Friday, October 30th.
South Texas Community News - October 30, 2020
Early voting for Kleberg County will end on Friday, October 30th. Voting will be held at the Annex Building located at 720 E. King Ave. in Kingsville from 7 a.m. - 7 p.m.
Kleberg County Polling Locations for November 3, 2020
Joint General and Special Election Polling locations will be open from 7:00 a.m. to 7:00 p.m.
Precinct # 11 - Wild Horse Mall - Main Entrance, 1601 S. Highway 77
Precinct # 12 - H. M. King High School, 2210 Brahma Blvd
Precinct # 13 - Coastal Bend Fellowship Church, 1500 E. Caesar Street
Precinct # 14 - Harvey Elementary School, 1301 E. Kenedy Ave.
Precinct # 21 - Kleberg Elementary School, 900 N 6th St. & Nettie
Precinct # 22 - Henrietta Memorial Center, 405 N. 6th Street
Precinct # 23 - University Baptist Church, 1324 N. Armstrong
Precinct # 24 - Santa Gertrudis School, 803 Santa Rosa Road
Precinct # 31 - Knights of Columbus Hall Council 3389, 320 Gen Cavazos Blvd.
Precinct # 32 - Memorial Middle School, 915 S. Armstrong
Precinct # 33/34 - Riviera County Building, 103 N. 7th Street (Riviera)
Precinct # 35 - Ricardo Community Senior Center, 109 N. Nix Street (Ricardo)
Precinct # 41 - Romeo L. Lomas Human Services Building, 1109 E. Santa Gertrudis
Precinct # 42 - Gillett Intermediate School, 1007 N. 17th Street
Here's how to be Sure Your Vote Counts
If you're concerned that you haven't received your mail-in ballot, there are ways to be counted by showing up in person. Officials say ballots are still being sent out with less than a week before Election Day.
Editor's Note: This coverage is made possible through Votebeat, a nonpartisan reporting project covering local election integrity and voting access. The article is available for reprint under the terms of Votebeat’s republishing policy.
Charles Inge has voted in Dallas County from his home in London, England, for more than three decades, mailing in his overseas ballot while he works across the Atlantic as an architect and academic.
Like clockwork, the 65-year-old requests his mail-in, or absentee ballot, every February, and his November ballot arrives in September. But not this year.
County officials told him to check his inbox’s spam folder, but Inge insists he’s not received it.
“If I get a ballot at all, I guess I’ll have to pay to send it by courier at this point to stand a chance that it will arrive,” said Inge.
There is no way to know yet how many absentee ballots have gone missing or are still en route to voters’ mailboxes or — in the case of overseas voters — inboxes. It hasn’t been a major problem in years past, voters say, but there’s no question that the system is strained by a record number of absentee voters in an election marked by unprecedented turnout, pandemic fears and a high-stakes presidential election.
Registered voters can qualify to vote by mail if they are 65 years or older, cite a disability or an illness, or are confined in jail but still eligible to vote. Voters who will not be in the county where they're registered on Election Day and during the entire early voting period can also request a ballot by mail.
Election officials say mail-in ballots are still being sent to voters through this week, and they will be counted as long as they are postmarked by Tuesday, Election Day, and arrive in county offices by Wednesday.
Inge has a last resort — a Federal Write-In Absentee Ballot, which is the equivalent of a provisional ballot for overseas and military voters and wouldn’t be counted on Election Day, but would before the final vote canvass.
But if a mail-in voter in the U.S. never receives a ballot and can’t make it back home to vote by Election Day, their options evaporate. The possibility has some Texas voters worried about losing their shot and frustrated about the hoops they’re being forced to jump through to get answers.
In Travis County, elections officials are expecting some 100,000 mail-in ballots to be cast in this election. In Harris County, where officials sent out applications to every registered voter over 65, some 250,000 requests for mail-in ballots were received and are being processed — more than double the number from 2016. In Bexar County, the elections office had mailed out more than 115,000 absentee ballots as of Monday, and more requests are being processed as they come in this week. All those numbers are breaking records, county officials said.
Some absentee voters may not see their ballots hit their mailboxes until Halloween, said Bexar County Elections Administrator Jacque Callanen, acknowledging the “tight window” that scenario creates for many voters. For those who don’t live in the same county, it’s unlikely that a ballot will arrive in the mail the very next day.
“We’re pushing it,” she said. “But that’s how it works.”
What do you do if you haven’t received your mail-in ballot?
Voters worried about mail-in voting can ensure their ballot is counted by showing up at the polls in person, though that's not an option for some who are out of state.
Joaquin Gonzalez, a voting rights attorney with the Texas Civil Rights Project, said voters can cancel their absentee ballots or ballot applications at county elections headquarters or, in some counties, the polling sites.
That’s what happened to Texas resident Jonathan Van Ness, an expert on the Netflix series “Queer Eye.” His absentee ballot never arrived at the location where he was going to be working on Election Day, but officials told him it had been mailed out Oct. 8, Van Ness wrote in an Instagram post last week.
Van Ness went to the elections office, filled out the paperwork to cancel his ballot, and then took the paperwork to an early voting site. But because the computer system hadn’t yet updated that action in the system, poll workers told him his only option at that moment was to cast a provisional ballot — which he declined to do.
Provisional ballots are a last resort for people who are in the county but can’t or don’t want to cancel their absentee ballots, or whose registration is in question when they vote. They are counted after Election Day if they are found to qualify, but before the official vote canvass is concluded.
“I want my vote counted period, end of story. Provisional is better than not voting but not ideal,” Van Ness wrote.
Another call to the elections office led to officials expediting his cancellation, and he was able to vote later in the day.
“The point is it took me like four hours to make sure my vote would count,” he wrote. “How many other absentee ballots are lost?”
If the ballot has not been sent, voters can cancel the application and vote in person.
Ken Ward and his wife, Breanna, ended up having to take that action because of an error. The Wards showed up to vote early in Beaumont and were told by the election worker that Breanna Ward had requested an absentee ballot and would need to cancel it.
But she had neither asked for nor received a mail-in ballot, she told the worker.
“When my wife reiterated that she wanted to vote then and there, the worker helped her cancel the absentee ballot,” Ken Ward said. “My wife definitely didn’t request the ballot.”
She got to cast a regular ballot, but the confusion was worrisome.
“It was really peculiar,” said Ward. “And we walked away with sort of a sour taste in our mouths. Just because of everything going on in this particular election, you don’t want any hiccups like that — especially ones you’ve never had before.”
Surrendering the ballot
Some voters say they received their mail-in ballots but became worried about whether their votes would be counted if they weren’t cast in person.
Denise Lynn of Hondo, in Medina County outside San Antonio, said she questioned the integrity of the process.
When her absentee ballot didn’t show up at its usual time in September, elections officials initially told her that her ballot was mailed Oct. 5. It arrived Oct. 22. As Republican state leaders waged a war on the expansion of mail-in voting, Lynn worried that her ballot could be invalidated.
She surrendered her mail-in ballot at an in-person polling site and voted on a machine instead.
“They may pull some shenanigans about not counting our mail-in votes, and I didn’t want to take that chance,” said Lynn, 67.
No application processed
If a voter has sent in an application or requested an application, but the application has not been received or processed, that voter can still vote in person with a regular vote with no affidavit required, Gonzalez said.
The absentee ballot will not be mailed if a vote has already been cast, Gonzalez said.
That’s what Bexar County voter Jacob Anderson did when his wife’s absentee ballot showed up, but his did not, he said.
“I waited as long as possible and figured given the situation, I was better off just voting in person, rather than waiting and possibly not getting my absentee ballot in time and not getting to vote at all,” he wrote in an email.
Worried that he wouldn’t be able to cast a ballot, Anderson drove three hours from Montgomery County back home to Bexar, went to an early voting site and was told that since there was no record of his application being processed yet, he could go ahead and cast a regular vote at the machine.
“They said that if it had been mailed to me, their computer would have notified them when I checked in with the first poll worker,” Anderson said. “I signed next to my name and moved on to the voting machine and voted just like I always have.”
Here’s What you can and can’t Wear to Vote in Texas
Wearing T-shirts, buttons or hats supporting political candidates at the polls is illegal. But in the pandemic era, voters are now being reminded that the electioneering rules also apply to face masks.
By Aria Jones , Texas Tribune - October 28, 2020
Wearing T-shirts, buttons or hats supporting political candidates at the polls is illegal. But in the pandemic era, voters are now being reminded that the electioneering rules also apply to face masks.
According to the law, “a person may not electioneer for or against any candidate, measure, or political party” within 100 feet of a polling place. “It's really a protected area that should be just focused on providing the access to the ballot and voting processes without any kind of interruption or any kind of chaos, or stress, or concerns,” said Bruce Sherbet, elections administrator for Collin County.
For years, election officials have had to ask voters to turn their political shirts inside out and leave their accessories in the car. This election cycle, poll workers are also dealing with political messages on some face masks intended to protect voters from the coronavirus.
Sherbet said Collin County judges this year are offering plain disposable masks to cover the political ones, he said. “We strongly encourage masks, so if someone is wearing them, we don't want to be too inconvenient with it as long as they can just cover it up,” Sherbet said.
The U.S. Supreme Court upheld an electioneering ban at polling places in 1992, meaning that states could create laws to prevent voter intimidation and ban electioneering around polling places.
What can I wear to the polls?
Electioneering specifically includes advocating “for or against any political candidate, measure or political party.” Sherbet said this means while a "Make America Great Again" hat or Joe Biden button would count as electioneering, a Black Lives Matter or “Don’t tread on me” message would not because they are advocating for a movement.
But electioneering could be interpreted and enforced differently across the state.
In 2016, a San Antonio man wore a T-shirt and hat supporting Donald Trump. He removed the hat, but not the “Basket of Deplorables” shirt. He was arrested on electioneering charges.
In 2012, a woman in Williamson County was asked to cover up her shirt that read "Vote the Bible."
“Ultimately, it falls upon local Election Officials to make the final determination as to what constitutes electioneering,” said Stephen Chang, spokesperson for the secretary of state’s office in an email.
According to the secretary of state’s office, voting clerks and election judges decide what counts as electioneering and have the authority to ensure there is no electioneering in that area.
So why are there so many signs and political volunteers outside my polling site?
Within 100 feet of the polls, electioneering is not allowed. But outside of that boundary, campaigns are free to wave signs, hand out fliers, advocate for proposals and wear whatever campaign gear they want.
But campaign volunteers and advocates cannot use sound amplification devices or loudspeakers, which must be 1,000 feet away from the polls.
While those who control or own the building used for voting cannot prohibit electioneering, they can enact reasonable regulations of the time, place and manner electioneering happens. For example, a reasonable regulation would be prohibiting electioneering on sidewalks to keep them clear for pedestrians, according to the secretary of state's office.
What’s the difference between electioneering and voter intimidation?
Voter intimidation is illegal nationally, regardless of where it takes place at a polling location, said David Becker, executive director at the Center for Election Innovation & Research, in an email.
“So, if any conduct goes from being merely expressive to intimidating toward voters, it would be outlawed regardless of where it occurred,” Becker said.
He said generally electioneering is “ordinary campaign activity.”
The difference is that voter intimidation is when someone does “anything that could negatively affect a voter” when they go to vote. This includes making people feel in physical danger or uncomfortable, verbally accosting them and any other activity that someone “shouldn’t have to endure while exercising their most fundamental right,” he said.
The ACLU website says voter intimidation can include aggressively questioning voters about citizenship or criminal record and falsely representing oneself as an elections official. It also includes spreading false information about voter requirements and voter fraud.
What should I do if I see electioneering?
Sherbet said it’s best to tell an election judge at the voting location if you see what could be illegal electioneering. He said they are trained to handle electioneering and if someone notifies the election office, the office will relay the message to the judge at that location.
According to the secretary of state’s office, local voting clerks and election judges decide what counts as electioneering. While serving in that capacity, they have the authority of a district judge to ensure there is no electioneering. If judges or clerks have questions, they can ask their local election office or the secretary of state’s office.
Texas Voters Have to Wear Masks While Voting
The judge ruled that the exemption to Abbott’s statewide face mask mandate put a discriminatory burden on Black and Latino voters. The U.S. 5th Circuit Court of Appeals is poised to hear an appeal.
Texas voters have to wear masks while voting despite Gov. Greg Abbott's exemption, federal judge rules
"Texas voters have to wear masks while voting despite Gov. Greg Abbott's exemption, federal judge rules" 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.
Texas voters are now required to wear face masks when casting ballots during the pandemic, a federal district judge ruled Tuesday, invalidating an exemption for polling places that Gov. Greg Abbott had included in his statewide mask mandate.
The governor’s mandate for Texans to cover their mouths and noses in public does not apply to polling places, an exclusion that has been challenged as discriminatory against Black and Latino voters who are more likely to be harmed by the coronavirus. Abbott has previously said he encourages voters to wear a face mask, but said he excluded polling places from his mandate to prevent people from being turned away from voting just because they don’t have a mask. Under Abbott’s order, poll workers are also not required to wear masks.
In his temporary ruling, U.S. District Judge Jason Pulliam said the exemption “creates a discriminatory burden on Black and Latino voters.”
Abbott and Texas Secretary of State Ruth Hughs immediately sought an appeal at the U.S. 5th Circuit Court of Appeals.
The argument for a mask mandate at the polls was first raised in a much broader lawsuit filed against Abbott and the Texas secretary of state in July by Mi Familia Vota, the Texas NAACP and two Texas voters. The plaintiffs also sought things like a month of early voting, the opening of additional polling places and a suspension of rules that limit who can vote curbside without entering a polling place.
Pulliam, based in San Antonio, had dismissed the lawsuit in September, with Texas having convinced him that the sweeping changes sought to the state’s rules for in-person voting during the pandemic were outside of his jurisdiction as a federal judge. But earlier this month, with early voting already underway, the U.S. 5th Circuit Court of Appeals punted the case back to Pulliam for him to again review the argument for an across-the-board mask mandate for anyone at a polling place.
The appeals court said that if Pulliam found that Abbott’s decision to not require masks at the polls violated the federal Voting Rights Act’s disallowance of discriminatory voting practices based on race, he would have jurisdiction to order changes.
“Black and Latino Texans … are more likely to become infected and more likely to suffer severe illness or to die of COVID-19. Black and Latino voters in Texas also face longer lines at the polls, increasing their risk of transmission by exposing them to crowds of other voters and poll workers,” the plaintiffs wrote in their renewed argument before Pulliam last week. “Under these conditions, Black and Latino voters must choose between not voting or risking their lives or the lives of their loved ones to vote. White voters do not face the same level of risk.”
The Texas attorney general’s office countered that the majority of states are not requiring masks at polling places and argued that the new legal fight over a potential Voting Rights Act violation is happening too late — after more than 7 million Texans have already cast ballots since early voting began on Oct. 13.
“Texas is on track to smash its prior turnout record, even during the pandemic and in counties with large minority populations,” the state’s filing said.
After the court voided Abbott's exemption, in effect requiring masks at polls, the plaintiffs said it was a "tremendous victory for democracy."
"The Judge has already been vindicated, as last night we received reports of polling officials in Texas testing positive for the coronavirus, and other polling places being required to close down because of sick poll workers," said Gary Bledsoe, president of the Texas NAACP in a statement. "And, this past weekend, we received reports of poll watchers who were using their maskless presence to approach and intimidate minority voters."
Disclosure: The Texas secretary of state's office 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/2020/10/28/texas-voting-mask-abbott/.
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Only one Drop-off location for Mail-in Ballots, State Supreme Court Rules
The court upheld Gov. Greg Abbott's authority under state law to limit ballot drop-off locations, issuing what is expected to be the final ruling in numerous lawsuits that challenged his order.
By Jolie McCullough - October 27, 2020
In what’s expected to be the final ruling on the matter, the Texas Supreme Court has upheld Gov. Greg Abbott’s order limiting Texas counties to only one drop-off location for voters to hand deliver their absentee ballots during the pandemic.
The ruling, issued Tuesday by the all-Republican court, is the final outcome in one of a handful of lawsuits in state and federal courts that challenged Abbott’s order from early this month. A federal appeals court also sided with the Republican governor in an earlier ruling, overturning a lower court’s decision.
The state lawsuit argued that the governor doesn’t have authority under state law to limit absentee ballot hand-delivery locations, and that his order violates voters’ equal protection rights under the state constitution. The suit was first filed in Travis County by a Texas-based Anti-Defamation League, a voting rights advocacy group and a voter.
In their opinion, the justices wrote that Abbott's order "provides Texas voters more ways to vote in the November 3 election than does the Election Code. It does not disenfranchise anyone."
A Travis County state district judge had sided with the plaintiffs pushing to allow multiple drop-off sites, and that ruling was upheld by an intermediate appeals court Friday. No additional sites had been allowed to open during the appeals process, however.
As the coronavirus continued to endanger Texans, counties — often more populous, largely Democratic ones — began to look for ways to expand voting access in the fall election. Such expansions, like loosening Texas’ strict restrictions on who can vote by mail or allowing for drive-thru voting, have repeatedly been challenged in court by Republicans. The Texas Supreme Court has kept Texas’ limitations on mail-in voting, but allowed drive-thru voting in Harris County to continue.
Abbott did issue an emergency order in July that lengthened the early voting period and extended the time voters have to deliver completed absentee ballots in person to county clerk offices. In typical elections, Texas voters who wish to deliver their absentee ballots in person can only do so on Election Day. That order, too, was unsuccessfully challenged by some Republicans, but ultimately Abbott rolled back his expansion for hand delivery of absentee ballots.
After Harris and Travis counties opened 12 and four drop-off sites at county clerk offices, respectively, the governor issued a new order on Oct. 1 allowing counties just one drop-off location each. Abbott and Texas Secretary of State Ruth Hughs said the limiting order was enacted after Hughs learned that at least one county planned to accept hand-delivered absentee ballot applications at invalid county offices. The state also wanted poll watchers at each site accepting such ballots.
Texas does not have drop-off boxes for absentee ballots, as do some other states. Instead, to drop off a mail-in ballot in person at any location, voters must present an approved form of identification to a poll worker, and voters may not turn in any one else’s ballot.
Multiple voting right groups quickly challenged the governor's limiting order, and three Democratic chairs of high-profile congressional committees called the move an apparent "last-ditch effort to suppress Texans’ ability to vote."
The litigation, one of a plethora on voting access in Texas during the fall election, was settled Tuesday evening with three full days left of early voting. Election Day is Nov. 3.
Immigrants Hope the Courts or the election Will Save Their Protected Status
Temporary Protective Status for immigrants from several countries is now before the courts. Tens of thousands of TPS recipients live in Texas.
By Julián Aguilar - October 26, 2020
Despite knowing that everything he’s worked for over the past three decades could be wiped out within months, Gerson Bonilla hasn't started thinking about coming up with a Plan B.
Bonilla, 49, fled his native El Salvador in 1989 during that country's violent civil war and received permission to legally stay under a humanitarian program called Temporary Protective Status, which allows citizens of countries experiencing conflict, natural disasters or other emergencies to take temporary refuge in the U.S.
The program was established in 1990 under President George H.W. Bush and currently offers protection for more than 300,000 immigrants living in the U.S. In 2017, about 45,000 people from El Salvador, Honduras and Haiti lived in Texas under the program, according to a report by the Center for American Progress. Those families had a combined 53,800 U.S. citizen children, according to the report.
Bonilla's journey took him to Houston, where he found work and got married. He now has four U.S. citizen children, a mortgage and owns an HVAC installation and repair business.
But in a victory for the Trump administration and its immigration hardliners, an appellate court last month ruled the White House could end the program for recipients from El Salvador, Nicaragua, Haiti and Sudan.
The 2-1 decision by a three-judge panel of the 9th Circuit Court of Appeals will also apply to TPS recipients from Honduras and Nepal who are part of a separate lawsuit, Ahilan Arulanantham, a lawyer for the American Civil Liberties Union of Southern California, told the Associated Press last month.
Arulanantham said his team is preparing to seek a review of the case, Ramos v Nielsen, by a larger group of 11 judges. Of the 9th Circuit's 29 members, 16 were appointed by Democrats and 13 by Republicans. A timeline on a final decision is unclear.
Some conservative groups argue that TPS holders only been allowed to remain in country for decades because of biased judges. They have cheered the court’s decision to end the program.
Bonilla fled El Salvador in 1989 and received permission to legally stay under Temporary Protective Status.
Credit: Annie Mulligan for The Texas Tribune
“The fact that the legal and justifiable termination of TPS has been delayed for this long is further evidence that pernicious judicial activism must be reined in,” Dan Stein, the president of the Federation for American Immigration Reform, said in a statement after last month's ruling. “This ruling represents a win for the idea that the American people should be able to provide needed and appropriate temporary humanitarian relief, with the full expectation that their generosity will not be taken advantage of when the emergency is over."
If the appeals court or the U.S. Supreme Court doesn't reverse the earlier ruling, Bonilla could be sent back to a country he has only visited once in more than 30 years.
“We have to keep working, we have to survive the pandemic," he said. "We’re going to keep moving forward, one way or another, life continues. We’ll see if there is a change in the administration” on Election Day.
Former Vice President Joe Biden’s campaign said that if elected, the Democratic presidential candidate would protect TPS recipients.
Meanwhile, many immigrants with protected status are turning to civic activism to put pressure on elected officials. The National TPS Alliance announced a 54-city bus tour in response to last month’s decision that includes visits to 32 states where TPS holders will engage with voters and teach them about the program and the benefits its recipients bring to the country.
Gloria Soto, a 32-year-old TPS recipient who arrived in the United States from Honduras when she was 8 years old, said she can’t just sit and dwell anymore.
“At the beginning [after the court ruling] it was sad and disappointing and the anxiety came,” she said. “But at this moment I am really of a strong mind that I am going to fight for my status.”
Like Bonilla, Soto also has a mortgage and U.S. citizen children, including a 14-year-old special needs daughter who was born prematurely. She’s worked at a finance company in the Dallas area for four years and has few connections to her native Honduras, where she said medical care for her daughter would be hard to find.
She said people like her deserve a shot at living in the country without worrying if their TPS benefits will be extended once again.
“There are always going to be people who have taken advantage of the TPS, but what about the ones who have been really good residents of this country? Why not give that option to become a [permanent] resident to those who have a business, those who have property, those who have kids and that have been filing their taxes?”
TPS recipients and their allies are pushing for legislation to allow some TPS recipients the opportunity to apply for legally residency. TPS protection doesn't automatically lead to permanent residency, but recipients can apply for other forms of relief like a nonimmigrant visa or an adjustment of immigration status, according to U.S. Citizenship and Immigration Services.
And while she waits for better news, Soto said she has faith things will ultimately work out for people like her and Bonilla.
“We are fine and we’re going to get through,” she said. “How many times have they tried to cancel TPS before?”
Last Day to Apply for a Ballot by Mail
The last day to apply to vote by mail is Friday, October 23.
STCN Staff - October 22, 2020
The last day to apply to vote early by mail for the November 3, 2020 General Election is Friday, October 23, 2020.
To apply for a ballot by mail in Nueces County, voters may print the application online from the Nueces County website or request to have an application mailed to them by e-mailing VoteByMail@nuecesco.com or by calling (361) 888-0385.
To apply by mail for Kleberg County, voters may go to Kleberg County Election website, download the application or call (361) 595-8548 for more information.
Click here for Nueces County or Kleberg County voting times and locations.
Mail-in Ballots can be Rejected if Signatures Don't Match
A federal judge had ordered the state to give voters a chance to resolve signature questions in time for their ballots to be counted. Now that won't happen unless counties do it voluntarily.
Texas can reject mail-in ballots over mismatched signatures without giving
voters a chance to appeal, court rules
By Karen Brooks Harper - October 19, 2020
If they decide the signature on the ballot can't be verified, Texas election officials may continue rejecting mail-in ballots without notifying voters until after the election that their ballot wasn't counted, the 5th U.S. Circuit Court of Appeals ruled Monday.
The appeals court halted a lower court’s injunction, which had not gone into effect, that would have required the Texas secretary of state to either advise local election officials that mail-in ballots may not be rejected using the existing signature-comparison process, or require them to set up a notification system giving voters a chance to challenge a rejection while their vote still counts.
Requiring such a process would compromise the integrity of the mail-in ballots “as Texas officials are preparing for a dramatic increase of mail-in voting, driven by a global pandemic,” reads the Monday opinion issued by Judge Jerry E. Smith.
“Texas’s strong interest in safeguarding the integrity of its elections from voter fraud far outweighs any burden the state’s voting procedures place on the right to vote,” Smith wrote.
Before mail-in ballots are counted, a committee of local election officials reviews them to ensure that a voter’s endorsement on the flap of a ballot envelope matches the signature that voter used on their application to vote by mail. They can also compare it to signatures on file with the county clerk or voter registrar that were made within the last six years.
The state election code does not establish any standards for signature review, which is conducted by local election officials who seldom have training in signature verification.
Voters must be notified within 10 days after the election that their ballot was rejected, but state election law does not require affording them an opportunity to challenge the rejection, the appeals court ruling noted.
In August 2019, two voters, George Richardson of Brazos County and Rosalie Weisfeld of McAllen, filed suit after their mail-in ballots were rejected by local officials who decided the signatures on the envelopes in which their ballots were returned were not theirs.
The voters — joined by groups representing Texans with disabilities, veterans and young voters — argued the state law allowing local election officials to reject mail-in ballots based on perceived mismatching signatures violates the 14th Amendment.
The lawsuit claims at least 1,873 mail-in ballots were rejected on the basis of mismatched signatures during the 2018 general election; at least 1,567 were rejected in 2016.
On Sept. 8, U.S. District Judge Orlando Garcia ruled that the state’s process for matching signatures “plainly violates certain voters’ constitutional rights,” and ordered the state to either abandon the practice or come up with some mechanism that lets voters get their ballots counted.
The injunction has been under an administrative stay by the 5th Circuit since Sept. 11, three days after it was issued, and will now remain on hold while the state challenges the underpinnings of Garcia's decision.
Plaintiffs said they will now push counties to voluntarily give early notice to voters whose ballots are rejected for signature-match issues, allowing them a chance to rectify the situation and let their vote count.
“It will affect this 2020 election, so voters will not be notified in time, and so I think the main thing we’re trying to do now is notify counties that ballot boards are not required to give pre-election day notice, but they can,” said H. Drew Galloway, executive director of MOVE Texas, a plaintiff. “We encourage them to follow the original intent of the lower courts here so folks (whose ballots were rejected) can go vote in person, or contest that decision.”
Texas offers voting by mail to people with disabilities, Texans who are 65 and older, voters who will be outside of the county during an election, and those in jail during an election.
Early Voting is up in Texas
First-day turnout was up just under a percentage point in Texas' 10 biggest counties, but it's unclear whether that trend will continue through Election Day.
Early voting appears up in Texas. It’s too early to know what that means.
By Alex Samuels and Mandi Cai - October 14, 2020
The lines were long at polling locations across Texas on the first day of early voting Tuesday, and some of the state’s biggest counties reported record first-day turnout.
But with reliable data from the state still limited on who is showing up to vote so far, it remains too soon to tell whether the trend will continue through Election Day or what it means for Democrats’ hopes to turn the state blue.
According to the state Democratic Party, over 1 million Texans cast ballots on the first day of early voting. Using data from county election supervisors in the state’s largest 10 counties, home to 57% of registered voters in Texas, The Texas Tribune found that at least 425,028 ballots were cast in-person Tuesday, while at least 224,122 had been sent in by mail. The number of absentee ballots is likely to be higher this year than in previous years because of the ongoing coronavirus pandemic.
In 2016, by comparison, 340,006 Texans cast in-person ballots in those 10 counties on the first day of early voting, and 157,277 had cast ballots by mail. That year, the early voting period was shorter by about one week.
From 2016-20, there was a slight increase in the first-day turnout rate in the 10 biggest counties — 5.82% to 6.71%. As of Wednesday, there are 9,678,017 registered voters in those 10 counties. The number is subject to change as counties continue to report registered voters to the state.
The available totals for this year have split observers along party lines: Democrats, who count turning out new voters as their best hope for victory this year, take it as a sign Texas might flip. Republicans say it is par for the course in a competitive election year.
“Right now all we have is one day of early voting under our belts, and we have many more to go, so I’d equate it to a horse race,” said Derek Ryan, a Republican voter data expert. “The Democrats got a good start out the gate, but we’ve still got a whole race to run.”
Harris County, the state’s most populous, had the biggest first-day turnout out of the state’s top 10 counties, according to a Tribune analysis. Nearly 170,000 of the county’s nearly 2.5 million registered voters had cast ballots in person or through mail-in voting as of Wednesday morning. In 2016, by comparison, Harris County had just under 130,000 ballots submitted on the first day.
In Dallas County, nearly 60,000 people had cast in-person ballots, according to a county report. In addition, more than 33,000 submitted their ballots by mail, according to the Texas secretary of state.
But what that means about who will win Texas remains an open question. High first-day turnout can be a sign of new voters going to the polls — or it can be a sign of shifting habits. Are more people voting? Or are the people who would normally be expected to vote simply showing up earlier? Those questions are difficult to answer so early in the process.
The state’s voting numbers were incomplete Wednesday, meaning it was also difficult to tell whether high first-day turnout was being replicated in smaller counties across Texas. The state’s urban centers tend to lean more Democratic, and it’s not immediately clear to what extent there are similar trends in the state’s more rural counties that lean Republican.
Still, Wednesday’s numbers had Democrats excited.
In a statement, the Texas Democratic Party cheered the sheer number of Texans going to the polls and took it as a sign that the state may be in play later this fall.
“Across our state, Texas Democrats are fired up, voting, and ready to win,” said Gilberto Hinojosa, the party’s chair. “The first day of early voting was great but we still know that there is a lot of work to do and plenty of votes to be cast.”
The 10 most populous counties in the state are Harris, Dallas, Tarrant, Bexar, Travis, Collin, Denton, El Paso, Fort Bend and Hidalgo. Mail ballot data for Dallas and Fort Bend counties came from the secretary of state. Other data came directly from the counties.
Early voting runs through Oct. 30. Election Day is Nov. 3.
Voters Disagree on Top Issues
Texas voters' disagreements on candidates are mirrored by differences over top priorities and problems, according to the latest University of Texas/Texas Tribune Poll.
Texas voters disagree on top issues, as well as candidates, UT/TT Poll finds
By Ross Ramsey - October 14, 2020
Texas voters are casting their ballots with widely different opinions about the most important problems facing the country and the state of Texas, according to the latest University of Texas/Texas Tribune Poll.
The most important issue facing the country right now is the coronavirus/COVID-19, chosen by 18% of registered voters, followed by political corruption/leadership (14%) and the economy (10%).
What’s most important depends on who’s talking, however. Among Democrats, the most important issues facing the U.S. are coronavirus/COVID-19 (29%), political corruption/leadership (20%) and health care (11%). Republicans rank problems differently: moral decline (18%), the economy (13%) and political corruption/leadership (11%).
When it comes to problems facing the state, voters’ top items are coronavirus/COVID-19 (22%) and immigration/border security (16%). But the partisan differences are great. Immigration/border security top the list for 30% of Republicans, followed by coronavirus/COVID (13%). The pandemic is the top item for 33% of Democrats, followed by political corruption/leadership (10%).
Likely voters were also asked what issue was most important to them in choosing who to support for president, an open-ended question that let voters name any issue. The resulting list was led by the economy (11%) and “removing Trump from office” (8%). Among Republicans, the economy (15%) led the list, followed by “socialism and/or communism” (12%). Democrats topped their list with removing the president (19%), followed by coronavirus/COVID-19 (11%) and health care (9%).
That informed their choices for president. The poll found that 50% support President Donald Trump, the Republican, while 45% support former Vice President Joe Biden, the Democrat.
How’s it going?
Texas voters are more negative about the way things are going for the country and the state than they were a year ago, the poll found.
Only 29% said the country is going in the right direction; 41% said the state is on the right track. A year ago, 37% liked the direction of the U.S. and 47% said Texas was on the right track.
Voters’ negative assessments have risen at the same time, with 62% now saying the country is on the wrong track, up from 54% in October 2019. The state’s grades are better, but not good: 44% of voters said Texas is on the wrong track, up from 35% a year ago.
Republican voters in Texas like the direction of things better than Democrats do. While 54% of Republicans think the country is on the right track, only 5% of Democrats do. A larger majority of Republicans — 70% — said Texas is on the right track; only 13% of Democrats agreed.
The economy
Most voters said either that they and their families are economically better off than a year ago (23%) or about the same (44%). But 31% said they are worse off now than then, a circumstance reported by 37% of Hispanic voters, 31% of Black voters and 30% of white voters. More Democrats (41%) said their family economics had worsened than Republicans (19%).
In an October 2019 UT/TT Poll, 77% of Texas voters said they were economically better off or in the same place compared with the year before, and 16% said they were worse off.
“You still see partisan differences, but those partisan differences can’t erase the intensity of what people are experiencing with both the pandemic and the economy,” said James Henson, co-director of the poll and head of the Texas Politics Project at the University of Texas at Austin. “It doesn’t mean the partisan filters go away, but they’ve got a lot more to contend with now.”
The same drops are repeated in economic assessments of the country and the state.
Most registered voters in Texas — 67% — said the national economy is in worse shape than it was a year ago. Another 17% said it has improved and 13% said it’s about the same. The Republican view of things is rosier than the Democratic one. Among Republicans, 28% said the U.S. economy is better than it was a year ago, while 16% said it’s about the same and 54% said it has worsened. Only 8% of Democrats said the national economy is better, while 9% said it’s unchanged and 82% said it is worse off than it was a year ago.
The state economy has improved, according to 15% of Texas voters, while 24% said it’s about the same as it was a year ago and 56% said it has worsened. Among Republicans, 25% said it’s better, 31% said it’s about the same and 40% said it has worsened. Democrats were harsher in their assessment: 6% said the economy is better than a year ago, 18% said it’s about the same and 73% said Texas is in worse shape economically than it was a year ago.
The University of Texas/Texas Tribune internet survey of 1,200 registered voters was conducted from Sept. 25 to Oct. 4 and has an overall margin of error of +/- 2.83 percentage points. The margin of error for results from 908 likely voters is +/- 3.25 percentage points. Numbers in charts might not add up to 100% because of rounding.
Disclosure: The University of Texas at Austin 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.
Reference UT/TT Poll, October 2020, Summary/Methodology (277.9 KB) Reference UT/TT Poll, October 2020, Crosstabs (1.5 MB)
"Texas voters disagree on top issues, as well as candidates, UT/TT Poll finds" was first published at https://www.texastribune.org/2020/10/14/politics-issues-texas/ by The Texas Tribune.
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Texas Counties can Offer Only one drop-off Ballot Location
Civil rights groups and voting advocates had argued the restriction would disproportionately impact low-income voters, voters with disabilities, older voters and voters of color in Democratic counties.
Texas counties can offer only one drop-off ballot location, federal appeals
court rules, upholding Gov. Greg Abbott’s order
By Emma Platoff - October 13, 2020
Texas counties may collect mail-in ballots at only one location, a federal appeals court ruled late Monday, once again upholding an order from Gov. Greg Abbott that restricts voting options.
Abbott in July acted to lengthen the early voting period and allow voters to deliver completed absentee ballots in person for longer than the normal period. But after large Democratic counties including Harris and Travis established several sites where voters could deliver their ballots, Abbott ordered Oct. 1 that they would be limited to one.
A number of civil rights groups sued in at least four lawsuits, calling the order an act of voter suppression that would disproportionately impact low-income voters, voters with disabilities, older voters and voters of color in Democratic counties. A federal judge on Friday sided with those groups, blocking Texas from enforcing the ruling.
But a three-judge panel on the conservative U.S. 5th Circuit Court of Appeals temporarily halted that ruling on Saturday and on Monday gave a more formal word on the matter in a written opinion.
“Leaving the Governor’s October 1 Proclamation in place still gives Texas absentee voters many ways to cast their ballots in the November 3 election. These methods for remote voting outstrip what Texas law previously permitted in a pre-COVID world,” wrote U.S. Circuit Judge Kyle Duncan for the panel of three judges all appointed by President Donald Trump. “The October 1 Proclamation abridges no one’s right to vote.”
Travis County had designated four locations and Harris County — home to 2.4 million registered voters and spanning a greater distance than the state of Rhode Island — had designated a dozen before Abbott’s order forced them to close most sites. Fort Bend and Galveston counties also planned to use multiple locations, according to court documents.
Voting rights advocates and local election administrators said the extra sites were critical for helping voters cast their ballots safely during the coronavirus pandemic. Texas is set to receive an unprecedented number of absentee ballots this year, and amid concerns over U.S. Postal Service delays, advocates say, in-person drop-off locations are critical.
Harris County Clerk Chris Hollins has not hesitated to say the governor’s decision amounts to voter suppression.
“To force hundreds of thousands of seniors and voters with disabilities to use a single drop-off location in a county that stretches over nearly 2,000 square miles is prejudicial and dangerous,” Hollins said earlier this month.
In some states, voters can simply leave their ballots in boxes outside town halls or local churches. Not in Texas, where voters must show an election worker an approved form of identification and can only bring their own ballot.
Abbott had argued that the measure was necessary to ensure election integrity, but he did not provide any evidence and his office did not answer questions about how limiting the highly regulated drop-off locations would do so. In court filings, lawyers for the Texas attorney general’s office wrote that some counties wouldn’t provide “adequate election security, including poll watchers” — “inconsistencies” that the state argued “introduced a risk to ballot integrity.”
Abbott said that poll watchers must be allowed at the drop-off sites, as they are at in-person voting sites. Experts say voter fraud is rare, but Republican officials in Texas and nationally have sought to cast doubt on the security of absentee ballots even as their political party calls on its own voters to use them.
The appeals court ruled Monday that Texas did not need to show evidence of voter fraud to justify its decision to limit counties to one location.
“Such evidence has never been required to justify a state’s prophylactic measures to decrease occasions for vote fraud or to increase the uniformity and predictability of election administration,” Duncan wrote for the court.
One voter who sued the state over the order, 82-year-old Ralph Edelbach, said in court documents that closing the site nearest his Cypress home will mean he adds an extra 20 miles each way to his trip to deliver his ballot, forcing him to spend nearly 90 minutes round trip.
That inconvenience will only be greater, advocates say, for voters with disabilities or those without reliable access to transportation.
The groups that sued the governor include the Texas and National Leagues of United Latin American Citizens, the League of Women Voters of Texas, the Mexican American Legislative Caucus of the Texas House of Representatives and the Texas Legislative Black Caucus.
"Texas counties can offer only one drop-off ballot location, federal appeals court rules, upholding Gov. Greg Abbott’s order" was first published at https://www.texastribune.org/2020/10/13/texas-election-ballot-drop-off/ by The Texas Tribune.
The Texas Tribune is proud to celebrate 10 years of exceptional journalism for an exceptional state.
Polling Locations for Kleberg County
Early voting will be held at the Annex Building located at 720 E. King Ave. in Kingsville from 8 a.m. - 5 p.m. except on Monday, October 26 and Tuesday, October 27, early voting will be from 7 a.m. - 7 p.m.
South Texas Community News - October 12, 2020
Early voting for Kleberg County will take place on Tuesday, October 13th and will end on Friday, October 30th. Early voting will be held at the Annex Building located at 720 E. King Ave. in Kingsville from 8 a.m. - 5 p.m. except on Monday, October 26 and Tuesday, October 27, early voting will be from 7 a.m. - 7 p.m.
Kleberg County Polling Locations for November 3, 2020
Joint General and Special Election Polling locations will be open from 7:00 a.m. to 7:00 p.m.
Precinct # 11 - Wild Horse Mall - Main Entrance, 1601 S. Highway 77
Precinct # 12 - H. M. King High School, 2210 Brahma Blvd
Precinct # 13 - Coastal Bend Fellowship Church, 1500 E. Caesar Street
Precinct # 14 - Harvey Elementary School, 1301 E. Kenedy Ave.
Precinct # 21 - Kleberg Elementary School, 900 N 6th St. & Nettie
Precinct # 22 - Henrietta Memorial Center, 405 N. 6th Street
Precinct # 23 - University Baptist Church, 1324 N. Armstrong
Precinct # 24 - Santa Gertrudis School, 803 Santa Rosa Road
Precinct # 31 - Knights of Columbus Hall Council 3389, 320 Gen Cavazos Blvd.
Precinct # 32 - Memorial Middle School, 915 S. Armstrong
Precinct # 33/34 - Riviera County Building, 103 N. 7th Street (Riviera)
Precinct # 35 - Ricardo Community Senior Center, 109 N. Nix Street (Ricardo)
Precinct # 41 - Romeo L. Lomas Human Services Building, 1109 E. Santa Gertrudis
Precinct # 42 - Gillett Intermediate School, 1007 N. 17th Street
Voting Rights Groups sue Gov. Greg Abbott Over Order to Close ballot Drop-off Locations
The Texas and National Leagues of United Latin American Citizens, the League of Women Voters of Texas and two Texas voters asked a federal judge in Austin to overturn the governor’s order.
Voters, voting rights groups sue Gov. Greg Abbott over order to close ballot drop-off locations
"Voters, voting rights groups sue Gov. Greg Abbott over order to close ballot drop-off locations" 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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Voting rights advocates and civic groups have rushed to the courthouse in a bid to block Republican Gov. Greg Abbott's Oct. 1 order allowing Texas counties no more than one drop-off location for voters casting absentee ballots, calling the directive an unconstitutional burden on the right to vote that will disproportionately impact voters of color in the state’s biggest cities.
The Texas and National Leagues of United Latin American Citizens, the League of Women Voters of Texas and two Texas voters asked a federal judge in Austin in a lawsuit filed late Thursday to overturn the governor’s order, which forced Travis and Harris counties — two of the state’s most important Democratic strongholds — to shutter a number of drop-off sites they had already opened this week.
“The impact of this eleventh-hour decisions is momentous, targets Texas’ most vulnerable voters—older voters, and voters with disabilities—and results in wild variations in access to absentee voting drop-off locations depending on the county a voter resides in,” attorneys for the groups argued. “It also results in predictable disproportionate impacts on minority communities that already hit hardest by the COVID-19 crisis.”
Attorneys also pointed out that Abbott was making a major change to election procedures just weeks away from an election — an action the state and its attorneys argued was improper in a separate federal lawsuit over straight-ticket voting.
Unprecedented numbers of Texas voters are requesting mail-in ballots for the highly charged election as the nation is in the grip of the coronavirus pandemic. Many of those voters are expected to drop off their ballots in person rather than entrusting them to the U.S. Postal Service, which has been plagued by cutbacks and doubts over its ability to deliver ballots early enough to be counted.
Texas Republicans have vigorously fought efforts to facilitate increased mail-in balloting, particularly in Harris County, the state's largest and a Democratic stronghold where voter turnout could prove pivotal in this year's election.
Asked about the lawsuit, Abbott spokesman John Wittman said the governor "has expanded access to voting."
Months ago, Abbott extended the early voting period by nearly a week and allowed voters to deliver their absentee ballots in person earlier than usual, citing the pandemic. His order this week limited where voters may turn in those ballots, not when.
Wittman added that the governor's Oct. 1 order concerns only absentee ballots, most of which he said are submitted by mail.
"The additional time provided for those who want to submit their mail-in ballot in person is sufficient to accommodate the limited number of people who have traditionally used that voting strategy," Wittman said.
But more absentee ballots than ever are expected to be cast this year — some counties have already sent out twice as many as usual — and there are concerns about delays from the U.S. Postal Service.
The lawsuit will have to move quickly, with early voting set to begin in less than two weeks on Oct. 13.
Harris and Travis counties had each set up multiple locations for accepting absentee ballots and had already begun accepting them before Abbott issued his order shutting down the satellite locations. Voting rights experts say access to these locations is especially important given concerns over U.S. Postal Service delays and that closing them will disproportionately impact voters with disabilities or without access to reliable transportation. Harris County is home to 2.4 million registered voters and stretches across some 1,700 square miles, more than the entire state of Rhode Island.
Ralph Edelbach of Cypress, an 82-year-old voter among those suing Abbott, had planned to drop his ballot off at a Harris County location that was 16 miles from his home — but now will have to travel 36 miles, nearly 90 minutes round trip, to reach the only location Abbott has allowed to stay open, according to court documents.
At a press conference Friday morning, Harris County Clerk Chris Hollins said he could reopen the shuttered locations "at the drop of a dime."
“Ultimately, anything that’s done to decrease voter convenience, to put obstacles in the way of the voter, is voter suppression, and will lead to disenfranchisement,” he said.
Abbott’s order, which came a day after the Texas solicitor general approved Harris County’s plan for multiple locations under earlier guidance from the governor, also said counties must allow poll watchers to observe goings-on at ballot drop-off sites. Voting rights advocates fear that poll watchers, who are selected by candidates or political parties, will seek to intimidate voters, as has been documented in the past.
Abbott claimed the limits on drop-off locations were necessary to ensure election integrity. But he provided no evidence that the drop-off sites enable voter fraud, which experts say is rare.
And the procedures for delivering an absentee ballot are strict. Voters must present an approved form of identification, show up during specified hours and can only deliver their own ballots.
Texas is one of just a few states that is not allowing all voters to cast their ballots by mail during the coronavirus pandemic. Beyond extending the early voting timeframe, the state has done very little to expand Texans’ options for voting safely this fall. And its criteria for absentee ballots are unusually strict: Voters can vote by mail only if they are 65 or older, confined in jail but otherwise eligible, out of the county for the election period or cite a disability. The Texas Supreme Court has said that lack of immunity to the novel coronavirus does not itself constitute a disability, but that voters may consider that alongside their medical histories to decide whether they qualify.
Harris County started accepting completed applications Sept. 28, and had collected 39 as of Thursday evening. Travis County opened four locations Oct. 1.
Democrats and voting rights groups immediately condemned Abbott’s as an attempt at voter suppression.
Ross Ramsey contributed to this report.
Disclosure: The League of Women Voters 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/2020/10/02/texas-greg-abbott-ballot-drop-lawsuit/.
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