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.
Sign up for The Brief, our daily newsletter that keeps readers up to speed on the most essential Texas news.
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/.
The Texas Tribune is proud to celebrate 10 years of exceptional journalism for an exceptional state. Explore the next 10 years with us.
2020’s Top Races Won’t set Spending Records
Two years ago in Texas, interest and election turnout were juiced by a $125 million race for U.S. Senate. This year's ballot is topped by an extraordinary race for president, but the political spending at the top won't match 2018.
Analysis: Unlike the 2018 election in Texas, 2020’s top races won’t set spending records
"Analysis: Unlike the 2018 election in Texas, 2020’s top races won’t set spending records" 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.
Editor's note: If you'd like an email notice whenever we publish Ross Ramsey's column, click here.
If you would like to listen to the column, just click on the play button below.
(Audio unavailable. Click here to listen on texastribune.org.)
Beto O’Rourke’s run at U.S. Sen. Ted Cruz two years ago doesn’t get the credit it’s due for upending the financial model for a statewide federal race in a big state like Texas.
MJ Hegar’s Senate race this year illustrates the problem challengers face here. The size of the state, and the expense of running in a place this big and with this many expensive television markets, keeps Texas races off the national party and political action committee lists of top targets every election cycle.
It’s an inefficient investment, from a national point of view. Even if you think you can beat an incumbent — U.S. Sen. John Cornyn, for example — it’s cheaper to support challengers in smaller, less expensive states.
From that national perspective, the prize in a Senate race is the same, no matter where you win. So why not invest where it’s cheap, preserving money that might be wasted in a big state for use in smaller states where you can reach a majority of voters for far less?
Much of O’Rourke’s money was non-institutional, raised both in and out of state from small donors reached online. By luck and design, he financed his statewide campaign without having to get the attention of the people in those national political strategy sessions in Washington. They were doing what they generally do, spending most of their money in what were seen as winnable races in states where campaigning is cheaper.
Still, that 2018 race between Cruz and O’Rourke was the most expensive in the country, with just over $125 million spent by the two campaigns, according to the Center for Responsive Politics. Cruz, who spent $45.6 million, defeated O’Rourke, who spent $79.1 million. But the close finish (a 2.6 percentage point gap) at the top of the ticket closed up other races.
Republicans in statewide contests still enjoyed what has become a customary sweep, but their margins were cut and are often used as evidence that Texas might not be as reliably Republican as it was just a few years ago. The Democrats won two congressional seats held by Republicans, and picked up a couple of seats in the Texas Senate and a dozen in the Texas House.
Maybe Texas has moved from the red political column into the purple one. The GOP strength in the state’s suburbs has been weakening, and national and out-of-state political pundits have been infected with the “Is Texas turning blue?” speculation familiar to the state’s natives.
Another possibility has to be included in the argument: Having a big spender, even a loser, in a race at the top of the ticket helps a political party’s down-ballot candidates. O’Rourke lost, but the excitement around that campaign — by both Democratic and Republican voters — boosted turnout for that midterm election to presidential election levels.
In 2020, presidential-level turnout should be a given. It’s hard to hide from a national race. But the state no longer has straight-ticket voting, as it did in 2018 (this is in litigation, but straight-ticket voting is dead for the moment), raising a question about how a good showing at the top of the ticket might help a party’s down-ballot candidates. And the campaigns at the top of the ticket aren’t spending big money in Texas.
New reports are due in the next few days, but through mid-year, according to CRP, the Senate race in Texas — with Cornyn and Hegar and the candidates who lost to them in the Republican and Democratic primaries — saw lower spending than contests in smaller states: Kentucky, Arizona, South Carolina, Maine, Michigan and Colorado.
To be fair, Hegar’s July report reflected the high spending and low cash-on-hand totals one might expect from a candidate who was then in the middle of a primary runoff election, and she’s getting some help from U.S. Senate Democrats. The numbers then were lopsided in Cornyn’s favor: He had $14.5 million on hand to her $900,000. And you’ve seen the results on television, among other places. The incumbent has been advertising for weeks. Hegar’s commercials have been sparse in comparison.
This is not a requiem. Far from it: Texas is still in pre-game mode. Early voting starts in two weeks (this is also in the courts, but currently on for Oct. 13). Presidential debates have begun. Hegar and Cornyn have a debate scheduled for Oct. 9. Texans can register to vote until Oct. 5.
The season is here. Voting will be over in five weeks, and we’ll have answers to all of our burning questions some time after that. A couple of those questions are related to finance and political trends. Was the 2018 election in Texas — with its high turnout and close races — the result of a spectacular and expensive competition for Senate? Or was it evidence of a more engaged and more evenly divided electorate?
This article originally appeared in The Texas Tribune at https://www.texastribune.org/2020/09/30/Texas-elections-2020-spending/.
The Texas Tribune is proud to celebrate 10 years of exceptional journalism for an exceptional state. Explore the next 10 years with us.
National Voter Registration Day
Eligible Texans who are not already registered to vote may complete and print a voter registration application or request an application from their county elections administrator.
By Menda Eulenfeld, Sept. 24, 2020
National Voter Registration Day may have already passed, but you can still register to vote ahead of the October 5th voter registration deadline for the November 3rd election. Eligible Texans who are not already registered to vote may complete and print a voter registration application here, or request an application from their county elections administrator.
Texas Secretary of State Ruth R. Hughs said “As of this month, there are 16,617,436 registered voters in Texas — a new state record.”
Kenedy County Election Committee
151 Mallory Street
Sarita
Phone: (361) 294-5220
Kleberg County Elections Officer - Stephanie G. Garza
Kleberg County Courthouse
700 E. Kleberg Avenue
Kingsville
Phone: (361) 595-8548
Nueces County Elections Officer - Kara Sands
Nueces County Courthouse
901 Leopard St.
Corpus Christi
Floor: 2nd Room: 201
Phone: (361) 888-0385
Texas Needs More Poll Workers
Working at polls is going to look different this year. Find out what poll workers do, who qualifies to be one and how to become one yourself.
Texas needs more poll workers this year because of the pandemic. Here's how to become one.
"Texas needs more poll workers this year because of the pandemic. Here's how to become one." 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.
Kathy Schneider worked as a Dallas County election clerk in 2018, but out of concern about the coronavirus, she’s choosing not to this year.
“I am 64 and really not interested in exposing myself to coronavirus any more than I need to do,” Schneider said.
Instead, she’s volunteering as a poll watcher for the Democratic party, which she can do outdoors and distanced in a parking lot.
Texas is preparing for a general election for which election officials are expecting unprecedented turnout — and unprecedented demand for election workers. The general election will require local election officials to hire more election clerks because of an extended early voting period, new cleaning and disinfection protocols, and expectations that more people will use curbside voting and mail-in ballots.
Historically, elections have been staffed by older retirees, a demographic that is particularly vulnerable to the coronavirus. A lack of people willing to work because of the pandemic caused some Texas’ counties to close down polling locations during the July primary runoffs. And some officials are concerned that could happen again this fall.
What does an election worker do?
Poll workers do far more than just check IDs and assist with voter equipment. They work long hours setting up polling stations and securing them after closing each night. Bilingual election clerks serve as translators for voters who need assistance. Election clerks also drive materials to and from polling locations; process ballots, equipment and paperwork; and answer questions voters might have.
Counties are also trying to provide more ways for voters to drop off mail-in ballots. For this election, absentee voters can drop off their ballots in person at their county elections offices as soon as they’re completed. And many counties are opening drive-thru ballot drop-offs. For both options, voters should be prepared to show their IDs.
“It takes some of the pressure off the post office and makes voters feel more comfortable that they’re going to have their ballot arrive timely and be tallied,” said Dana DeBeauvoir, the Travis County clerk, whose office has opened three drive-thru options.
DeBeauvoir said Travis County will need about 2,500 election workers this year. In Hidalgo County, officials are hoping for around 800 election workers, nearly doubling the number from past general elections.
Who can serve as an election worker?
“At this point, if you call and say you’re interested in working, we’re hiring you, as long as you meet the requirements,” said Yvonne Ramon, elections administrator in Hidalgo County. “We won’t know [our final needs] until the polls actually open.”
To be an election worker, you need to be 18 years old and registered to vote in the county you wish to work in. The only exception is for teenagers participating in the Student Election Clerk program. Elected officials, candidates, and people related to or employed by a candidate are not allowed to work in an election.
Nicholas Miller won’t be 18 in time to vote in the November election, but since 2019, he’s been working as an election clerk. For him, it’s a way to contribute to the democratic process.
The student program allows high schoolers who are 16 or older to work as election clerks at polling locations throughout early voting or on Election Day.
“I want to [work] this November because I feel like I have a bit of a duty to do it,” Miller said. “I certainly would not want COVID-19, but if I got it versus a poll worker in her 70s got it, it would be a big difference in how it shook out.”
Plus, he says, it’s actually a lot of fun.
Will I be paid to do this work?
Yes. Election workers are paid hourly for the days they work during the election. Counties set their own wages for their election workers, but they have to pay at least the federal minimum wage. However, many counties pay anywhere from $10 to $14 an hour depending on the role.
Election workers should be prepared for long days. At a maximum, you can expect to work a 14-hour shift. However, some counties will accept part-time workers, so make sure to check in with your county about its requirements.
What training do I need?
Training happens at the county level ahead of the start of early voting and Election Day.
How can I apply to be an election worker?
If you are interested in becoming an election worker, check with your county about how to apply. You can use this tool to find your county’s contact and election worker information.
This article originally appeared in The Texas Tribune at https://www.texastribune.org/2020/09/21/texas-poll-worker/.
The Texas Tribune is proud to celebrate 10 years of exceptional journalism for an exceptional state. Explore the next 10 years with us.
Texans with Disabilities are Eligible for Mail-in Voting
Disability rights activists say they’re worried the confusion may deter at-risk Texans from voting or cause them to needlessly put their health at risk to show up in person at the polls despite being eligible for mail-in voting.
Texans with disabilities are eligible for mail-in voting, but people must decide for themselves if they qualify
"Texans with disabilities are eligible for mail-in voting, but people must decide for themselves if they qualify" 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.
Need to stay updated on coronavirus news in Texas? Our evening roundup will help you stay on top of the day's latest updates. Sign up here.
Citing a disability is among the few reasons that Texans can qualify to vote by mail during the pandemic this November — in addition to being 65 or older, being outside of their county during the election, or being confined to jail but otherwise eligible to vote.
But in recent months, what counts as a disability in Texas has been politicized and litigated. The Texas Supreme Court has ruled that a lack of immunity to the coronavirus is not in itself enough to qualify. Beyond that, the court ruled that voters should decide for themselves if their medical situations meet the state’s criteria.
State law defines a disability as a “sickness or physical condition that prevents the voter from appearing at the polling place on Election Day without a likelihood of needing personal assistance or of injuring the voter’s health.” It gets specific only in saying that “expected or likely confinement for childbirth on election day is sufficient.”
Aside from that, voters are largely left to interpret the law for themselves.
“Individuals are being left up to themselves to make some pretty big eligibility decisions on their own, which can be nerve-wracking and make citizens very concerned about whether or not their choices are justifiable or not,” said Molly Broadway, voting rights specialist at Disability Rights Texas. “A lot of voters are concerned about, will they truly be seen as having a disability for those who do have disabilities?”
Texas is one of five states that hasn’t made mail-in ballots available to those afraid of contracting COVID-19. During a typical year, Texas is one of only 16 states that doesn’t offer no-excuse mail-in voting, which allows voters to request ballots for any reason.
Texans have had the option to cite disability as a reason to receive mail-in ballots since 1935, just two years after the first use of voting by mail. Advocates say the system may have some flaws, but it serves to increase access for many disabled people.
“Our recommendation to most people is, if you can vote by mail, we highly encourage it,” said Donna Meltzer, CEO of the National Association of Councils on Developmental Disabilities. “We think that [helps] keep people with disabilities — who are much more vulnerable to contracting COVID or having greater health conditions — safe and healthy.”
In April, state Democrats and civil rights organizations argued in court that susceptibility to the coronavirus meets the state’s definition for disability. In May, the Texas Supreme Court sided with Attorney General Ken Paxton and ruled that lack of immunity to the virus is not a “physical condition,” and therefore the risk of contracting the virus does not meet the state’s qualifications.
But the court also ruled that voters could evaluate their own health and medical history to determine if they should apply for mail-in ballots during the pandemic based on a disability, as long as they have a “correct understanding of the statutory definition of ‘disability.’”
Abhi Rahman, spokesperson for the Texas Democratic Party, said he believes Texans are going to decide for themselves if they have conditions that qualify as disabilities for mail-in voting.
“Voters are smart enough to make their own decisions, whether or not they want to claim a disability, for whatever disability they might have,” Rahman said. “And really the secretary of state and election officials — they can’t check what the disability actually is. So if voters feel like they are disabled in any way, they should vote in whatever way they’re comfortable with voting in this election.”
On the application to vote by mail, voters are asked to check a box confirming they have a disability and aren’t required to provide any other details.
Voters haven’t been required to provide documentation for their disabilities since 1981, but when filling out their applications, they certify that the information is correct and that they understand giving false information is a crime.
Local election officials, who oversee the distribution of mail-in ballots, do not have the authority to verify a voter’s disability status.
But election experts say it’s unclear whether the Texas attorney general’s office would try to pursue the issue. Paxton and other Texas Republican officials have attacked efforts to broaden mail-in voting as a “threat to Democracy.”
“I applaud the Texas Supreme Court for ruling that certain election officials’ definition of ‘disability’ does not trump that of the Legislature, which has determined that widespread mail-in balloting carries unacceptable risks of corruption and fraud,” Paxton said after the Supreme Court decision. “Election officials have a duty to reject mail-in ballot applications from voters who are not entitled to vote by mail. In-person voting is the surest way to maintain the integrity of our elections, prevent voter fraud and guarantee that every voter is who they claim to be.”
Instances of voter fraud are incredibly rare, and there’s a lack of comprehensive data on the subject. The Heritage Foundation, a conservative think tank, lists 1,071 instances since 1982 of proven voter fraud in the U.S. None of the examples include voters incorrectly citing disabilities.
If the attorney general were to pursue a case against someone, citing false information given about a disability, the burden of proof would be on the state to prove a voter isn’t disabled, said Joaquin Gonzalez, attorney at the Texas Civil Rights Project.
“They couldn’t just force a voter to prove their disability. They would have to have some evidence showing that the voter was fraudulently claiming it in the first place,” Gonzalez said.
The attorney general’s office did not respond to repeated requests for comment.
Bob Kafka, organizer at ADAPT Texas, a disability advocacy grassroots organization, said the attorney general’s messaging alone is enough to intimidate voters.
“The bottom line is 99% of people with disabilities or people that might be in jeopardy of contracting COVID are totally confused,” Kafka said. “Unfortunately, it has the effect of intimidation. Whether that’s the goal or not, the end result is when you’re threatened with a felony of voting fraud, whether its intent is intimidation, its end result is intimidation."
Disability rights activists say they’re worried the confusion may deter at-risk Texans from voting, or cause them to needlessly put their health at risk to show up in person at the polls despite being eligible for mail-in voting.
Kafka said he and other activists spoke with Secretary of State Ruth Hughs and were assured that county clerks would not ask people who checked the “disability” box to verify their disabilities. But as the attorney general continues to release what Kafka says are “threatening” statements, activists still are not sure it’s enough to convince people to vote.
“We are not promoting voter fraud, but we also don’t want people not to vote,” Kafka said. “We already have one of the most restrictive mail in-ballot processes in the whole country.”
The secretary of state’s office declined to comment for this story.
Disclosure: The Texas secretary of state 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/2020/09/18/texas-mail-in-voting-disabilities/.
The Texas Tribune is proud to celebrate 10 years of exceptional journalism for an exceptional state. Explore the next 10 years with us.