Mini roundup of Texas election law stories

1. Voter Registration — Status of TCRP Suit To Enforce Federal Motor Voter Laws

We’re approaching the one-year anniversary of the Texas Civil Rights Project’s lawsuit against the Texas Department of Public Safety, and just to refresh you, here’s what’s going on:

• Texas provides a website portal for the online renewal of drivers’ licenses, which should in theory also allow voters to easily update their voter registration.
• BUT … for voters who have moved from one Texas county to another, online renewal carries pitfalls, including unexpected “gotcha” cancellations of existing voter registration status, and confusing or misleading information about how voter registration renewal works.
• Thousands of Texas voters have unwittingly had their voter registrations cancelled when they attempted to update their status online.
• Recently, the State of Texas was sanctioned by a federal district court for unconscionable delays in responding to the plaintiff’s discovery requests.
• The trial is scheduled to take place this Ssummer.

2. Department of Justice Shifts to the State’s Side on Texas Voter ID Suit

• In a February 28 interview with the Texas Standard, (link to audio here: http://www.texasstandard.org/stories/justice-department-drops-opposition-to-texas-voter-id-law), election law expert Richard Hasen discussed the decision by the U.S. Department of Justice to end its legal opposition to the Texas Voter I.D. law.
• With Jeff Sessions in charge at the Department of Justice, and with anticipated conservative justices appointed to the U.S. Supreme Court, the position of the plaintiffs is now more precarious.
• This follow-up story from Slate covered the most recent trial court hearing; the plaintiffs described the judge as skeptical of the State’s argument.

3. Regional Briefs

• Voter assistance or improper electioneering in Robstown, Texas? – KRISTV (the NBC affiliate TV station in Corpus Christi) has this interesting story about a candidate who was elected to a local utility district seat in November after assisting voters with their ballots.
  • In response to the argument that the candidate’s presence in the polling place constituted electioneering, the city manager pointed out that voters who are unable to read or mark a ballot are legally permitted to ask for and receive polling place assistance from a candidate.
• Errors in 2016 election likely the result of voter confusion, not intentional fraud –
  • This story from Mysanantonio.com expresses the position of Bexar County election officials that to the extent voters with photo I.D.s may have completed affidavits alleging a lack of sufficient I.D. prior to voting, the erroneous use of the affidavits was likely a consequence of the confusing shifts in state voter I.D. procedures that were rolled out just prior to the November 2016 election, and not reflective of a pattern of intentional voter fraud.