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May 22nd, 2018:

Today is Runoff Day

From the inbox:

As the chief election officer of the County, Stan Stanart reminds voters that Tuesday, May 22, is Primary Runoff Election Day.

“Due to consolidation of precincts, many voters will be voting at a new location and are strongly encouraged to visit www.HarrisVotes.com to find their polling location,” Stanart advised. Polls will be open from 7 am to 7 pm. Voters must vote at the designated Election Day poll for the precinct in which they are registered.

According to Stanart, finding your polling location before heading to vote on Election Day is more important than ever due to a decrease in polling locations. “Voter participation on Election Day in Primary Runoff Elections is much lower. As a result, the political parties significantly consolidate many voting precincts into one poll,” informed Stanart.

“The Primary Runoff Elections are a party function. For Election Day, the political parties determine the number of voting locations, where the polls are located, and who runs the polls,” clarified Stanart. For these Primary Runoff Elections, there will be a total of 202 Election Day polling locations: The Democratic Party will have 112 Election Day Polling locations and the Republican Party 89. In contrast, for elections directly administered by the Harris County Clerk’s Office, on Election Day, there are usually over 750 polling locations.

There are a total of thirteen (13) races in the Democratic Party Primary and four (4) in the Republican Party Primary to be decided by the Runoff Election. “Every voter in Harris County is eligible to vote in either the Democratic Party or Republican Party Runoff Election. Still, a voter who participated in the March Primary Election may ONLY vote in the Primary Runoff Election of the same political party,” concluded Stanart.

It is not necessary to have voted in the March Primary Election to vote in one of the Primary Runoff Elections.

For more information about the May 22 Primary Runoff Elections, view a personal sample ballot, or review a list of acceptable forms of identification to vote at the polls, voters may visit www.HarrisVotes.com or call the Harris County Clerk’s office at 713.755.6965.

As I said before, check to see what your precinct location is before you head out. The odds are good you’re not voting at your usual place. I don’t expect it to be terribly crowded wherever you go. I’ll have results tomorrow, and we’ll analyze the data and review where we are going forward.

State appeals “motor voter” ruling

No surprise.

Still the only voter ID anyone should need

The legal fight over whether Texas is disenfranchising thousands of voters by violating a federal voter registration law is on its way to federal appeals court.

Just after a federal judge gave Texas less than two months to implement a limited version of online voter registration, the state on Monday formally notified U.S. District Judge Orlando Garcia that it was appealing his finding that Texas was violating the law — also known as the “Motor Voter Act” — by failing to allow drivers to register to vote when they renew their driver’s licenses online.

Pointing to registration deadlines for the November election, Garcia created a 45-day deadline for the state to create the online system for drivers in order to comply with the federal law that requires states to allow people to register to vote while getting their drivers licenses.

[…]

The AG’s office tried to defend the state’s practice of directing drivers to the secretary of state’s website. But Garcia ruled that practice “is not enough” and violates the Motor Voter Act and the Constitution’s Equal Protection Clause by treating voters who deal with their driver’s licenses online differently than those who register in person.

The state had also argued that there are technological difficulties associated with online voter registration even in this narrow form, particularly because state law requires a signature when an individual registers to vote. But Garcia also dismissed that argument because the state already keeps an electronic signature on file.

The state’s “excuse for noncompliance is not supported by the facts or the law,” Garcia said in his ruling.

See here and here for the background. I figure the first order of business will be for the state to try to get the Fifth Circuit to put this on hold pending the appeal. Given that court’s track record of granting such injunctions whenever the state comes knocking, I wouldn’t hold my breath waiting for that online system to come about. The Chron has more.

Beaver v alligator

It’s a roadside rest stop animal logo legal smackdown, and it’s off to the jury.

Buc-ee’s, a popular chain of Texas pit stops, fought hard to build its reputation and wants a San Antonio-based competitor to stop “riding its coattails” by using a logo that confuses highway travelers into pulling off at a rival business, the company’s lawyer told jurors in his closing statement Monday in Houston.

“We don’t want to put Choke Canyon out of business,” said Buc-ee’s lawyer, Tracy Richardson, poised between poster boards displaying similarly colored T-shirts, beer koozies and plastic grocery bags with the animal logos from the two rival chains. Buc-ee’s just wants Choke Canyon’s owner to curtail what it views as an unfair ad campaign: “We just want him to stop using the logo.”

Richardson and the lead attorney for Choke Canyon offered closing pitches to jurors before they began deliberations Monday afternoon, following a week of testimony about the dueling roadside travel centers in a federal trademark case before U.S. District Judge Keith P. Ellison. The jury of three women and nine men will resume deliberations Tuesday.

The lawsuit brought by mega-chain Buc-ee’s claims that Choke Canyon’s alligator logo, posed against a circular yellow backdrop, is too similar to the buck-toothed beaver that is synonymous with its 33 gas stops. The Buc-ee’s chain, headquartered in Lake Jackson, also contends that Choke Canyon illegally mimicked its in store offerings, including friendly service, ample stock and plentiful, clean bathrooms.

[…]

[Defense attorney Charles] Hanor said the two trademarks are quite different, as are the offerings. The alligator is advertising a chain that specializes in barbecue, he told jurors, noting that Buc-ee’s only complained in court about its road stop competitor when Choke Canyon sought to open a chain in New Braunfels, where Buc-ee’s also had operations.

Trademark law doesn’t give either company a hold on any one attribute of their logo. Instead, the jury will consider the strength of Buc-ee’s logo, the similarity between the two logos and the stores’ product lines and whether Choke Canyon set out to or actually did confuse customers with the overlap.

It’s a balancing act, the judge explained in his directions to the jury. The goals of trademark law are to protect the public from being misled, to protect the rights of businesses to identify themselves in public and to protect the public interest in fair competition, Ellison said.

See here for some background. Earlier stories from the trial are here, here, and here. As I said when news of the lawsuit first appeared, I think Buc-ee’s is stretching it here. Maybe it’s because I’ve never seen a Choke Canyon, but I don’t see how a reasonable person could confuse the two. That’s up to twelve jurors here in Houston to decide. I wish them luck.