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October 5th, 2017:

SOS halted from handing over voter info

Good.

Still the only voter ID anyone should need

A Texas district judge has issued a temporary restraining order preventing Texas Secretary of State Rolando Pablos from handing voter information to President Donald Trump’s voter fraud investigation commission.

The order, which came out Tuesday, adds Texas to a growing list of states not complying with the president’s investigation into the 2016 elections, which Trump says suffered from large-scale voter fraud.

Judge Tim Sulak of the Austin-based 353rd Texas Civil District Court issued the order in response to a lawsuit filed July 20 by the League of Women Voters of Texas, its former president Ruthann Geer and the Texas NAACP against Pablos and Keith Ingram, the Texas Elections Division director in the the secretary of state’s office. The lawsuit seeks to stop the state from handing over voter data from the state’s computerized voter registration files to the Presidential Advisory Commission on Election Integrity. The suit argues that doing so would reveal voters’ personal information, “which may be used to solicit, harass, or otherwise infringe upon the privacy of Texas voters.”

[…]

The League’s current president, Elaine Wiant, said the organization is especially concerned that releasing the data could make millions of voters’ personal information public, making it vulnerable to commercial use. Texas law forbids public voter information from being used commercially, but with the presidential commission, Wiant said “there is no guarantee how it will get used.” Wiant also said the League is concerned that releasing the data would make voters’ birthdates public.

“In today’s world, that is just way too much information to be made available to the public,” Wiant said. “There are serious security concerns.”

The order, which expires Oct. 17 or with further order from the court, says that handing over voter information could cause “irreparable” injury. Without “appropriate safeguards,” the order argues, the data is likely to become public, potentially violating voters’ privacy rights, their interests in “avoiding commercial solicitation, chilling of their First Amendment rights, and the diminution of their efforts to encourage voting.”

See here and here for the background. There will be a hearing on the 16th, at which time this will presumably be extended or rescinded. In the meantime, the Trump commission has other legal problems to worry about. Let’s hope this is the end of it in Texas.

Pasadena City Council approves settlement in redistricting case

It’s over.

The Pasadena City Council voted unanimously Tuesday to approve a $1.1 million settlement agreement of a lawsuit challenging a city voting plan that a federal judge found diluted Latino voting influence.

Councilman Cody Ray Wheeler said that after four years of litigation and $3.5 million in legal fees he was glad to see the appeal come to an end.

“It all started out as a power grab that has now run its course,” Wheeler said. “In addition to the financial hit, the lawsuit gave the city a black eye in the national spotlight. It cost us progress and it cost us time.”

Councilman Phil Cayten said he would vote to end the lawsuit to save money even though he thought the city could have prevailed on appeal.

“I think the three more conservative judges of the appeal court would rule in favor of the City of Pasadena,” said Cayten, who apologized to constituents who favored continuing the appeal. “Let me just say that I believe in my heart that the City of Pasadena did not violate the Voting Rights Act or adopt a discriminatory election system.”

The settlement, recommended by new Mayor Jeff Wagner, calls for the city to pay for the plaintiffs’ legal fees and court costs, and to drop its appeal of U.S. District Judge Lee H. Rosenthal’s ruling regarding the 2013 council election system.

See here for the background. One of the consequences of this is that Pasadena is will be put under preclearance for six years, meaning that any changes they make to district lines or other election procedures will have to be approved before they can be implemented. The Trib explores this aspect of the settlement.

The local voting rights squabble had caught the attention of voting rights advocates and legal observers nationwide as some looked to it as a possible test case of whether the Voting Rights Act still serves as a safeguard for voters of color. The local voting rights squabble had caught the attention of voting rights advocates and legal observers nationwide as some looked to it as a possible test case of whether the Voting Rights Act still serves as a safeguard for voters of color.

As things stand now, the dispute won’t set broader precedent across Texas or beyond state lines. But in a state embroiled in court-determined voting rights violations on several fronts, the federal guardianship of Pasadena’s elections is meaningful, particularly following the U.S. Supreme Court’s 2013 finding that conditions for voters of color had “dramatically improved.”

“I think it’s significant that in 2017 we have a trial court finding of intentional racial discrimination by a city in Texas and that the drastic remedy of preclearance has been successfully imposed,” said Rick Hasen, a professor at the University of California, Irvine’s law school who specializes in election law. “The Pasadena ruling indicates that in some places racial discrimination in voting is very much a thing of the present.”

[…]

Rosenthal’s ruling was decisive for voting rights litigation playing out after that ruling, and the city’s move to drop its appeal and let the ruling stand sets up the possibility that Pasadena’s voting rights fight could play an outsized role in other court battles.

In 2013, the Supreme Court left open the possibility that political jurisdictions could be placed back under preclearance — through the Voting Rights Act’s “bail-in” provision — if they committed new discriminatory actions. Rosenthal set a possible standard that other courts can look to in deciding whether to bail in other jurisdictions, legal experts observed.

“It’s one more black mark against Texas” that could help in other voting rights litigation, said Richard Murray, a political science professor at the University of Houston who has studied voting rights cases for decades.

Pasadena’s vote to settle the case is likely to disappoint state leaders who had already filed an amicus brief in support of the city’s appeal that warned of “unwarranted federal intrusion.” State attorneys had deemed Rosenthal’s preclearance ruling improper because it was imposed for a single incident of discrimination instead of pervasive and rampant discrimination.

See here for more on that. I don’t know what if any precedent Pasadena will set, but I’d rather have this outcome going forward than the alternative.

Paxton trial delayed again

This will happen some day. I hope.

Best mugshot ever

Attorney General Ken Paxton’s trial has been put off for a third time.

The judge in the securities fraud case against Paxton sided Wednesday with prosecutors who had been pushing for another trial delay because of a long-running dispute over their fees. The decision by Harris County District Court Judge Robert Johnson scrapped Paxton’s current Dec. 11 trial date and left the new one to be determined, possibly at a Nov. 2 conference.

Paxton had been set to go to trial on Dec. 11 on the least serious of three charges he faces. The date for that trial had already been pushed back twice because of pretrial disputes, first over the venue and then the judge.

[…]

In a feisty hourlong hearing Wednesday, the prosecutors and Paxton’s lawyers sparred over a familiar subject: whether they should hold off on a trial until the prosecutors could collect a paycheck — an issue currently tied up in a separate legal battle. Earlier this year, when the case was before a different judge, he denied the prosecutors’ first request to delay the trial until they could get paid.

Johnson had a different take Wednesday, granting the prosecutors’ latest motion for continuance. He asked both sides to come up with a new trial date, preferably in late February or early March. After some back and forth — a Paxton lawyer proposed a new trial date on March 6 — they all agreed to continue the discussion at the Nov. 2 pretrial conference.

The prosecutors had been seeking to put off the trial until the state’s highest criminal court, the Texas Court of Criminal Appeals, could sort out the payment issue. Last week, the Court of Criminal Appeals stepped into the dispute over the prosecutors’ pay, issuing a stay of a lower-court ruling last month that invalidated a six-figure paycheck for them. In its decision, the Court of Criminal Appeals gave all sides 30 days to respond to the prosecutors’ contention that the lower court, the Dallas-based 5th Court of Appeals, overstepped its authority when it voided the payment.

If the Court of Criminal Appeals ultimately rules against the prosecutors — effectively leaving them without pay for the foreseeable future — they will move to withdraw from the case, Wice said.

Paxton’s team had none of it. His lawyers contended the prosecutors were seeking to undermine Paxton’s right to a speedy trial and repeatedly pointed to the prosecutors’ previous failures to get the trial delayed due to the payment issue.

“It’s time,” Paxton lawyer Dan Cogdell said. “It’s time to try the case.”

See here for some background. The first I’d heard of this motion was Tuesday when the Trib and the Chron reported on it. You know where I stand on this, and while I agree with Team Paxton that I’d like to get on with this already, I would note that it is well within their power to ask Paxton’s buddies Jeff Blackard and the Collin County Commissioners Court to drop their vendetta against the prosecutors, since that is the main stumbling block at this time. I really don’t see how anyone can object to them wanting to get paid what they were told they would be paid, nor can I see how anyone would expect them to work for free. The solution is simple if they want it to happen. Until then, we await the November 2 hearing at which everyone argues over a new court date.

Texas blog roundup for the week of October 2

The Texas Progressive Alliance again urges our government to take utmost care of our brothers and sisters in Puerto Rico as it brings you this week’s roundup.

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