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February 5th, 2019:

Three times a lawsuit

Hat trick!

Still the only voter ID anyone should need

A group of civil and voting rights organizations is suing the state’s chief election officers and local election officials in five counties, claiming Texas’ voter citizenship review efforts are unconstitutional because they intentionally target naturalized citizens and voters of color.

In a lawsuit filed Monday in a Galveston federal court, the MOVE Texas Civic Fund, the Jolt Initiative, the League of Women Voters of Texas and the Texas NAACP allege that the state’s move to flag tens of thousands of voters for review using faulty data violates the equal protection clause of the U.S. Constitution. They claim the effort places an undue burden on the right to vote and treats naturalized citizens differently than those born in the county.

The groups also allege that the state violated the Constitution and the federal Voting Rights Act by acting at least in part with the goal of discriminating against voters of color when it advised counties to verify the citizenship status of the voters it flagged.

The lawsuit against Texas Secretary of State David Whitley, Director of Elections Keith Ingram, and local election officials in Galveston, Blanco, Fayette, Caldwell and Washington counties is the third one filed against state officials since Jan. 25, when the state announced that it was sending counties a list of approximately 95,000 registered voters who told the Texas Department of Safety they were not citizens when they obtained their driver’s licenses or ID cards.

[…]

In their complaint, the plaintiffs — represented by the ACLU of Texas, the national ACLU, the Texas Civil Rights Project, Demos and the Lawyers’ Committee for Civil Rights Under Law — argue that Whitley “declined to include safeguards” in the process that would ensure naturalized citizens weren’t erroneously included on the list.

“The right to vote is a fundamental and foundational right, possessed equally by U.S. born and naturalized citizens,” the complaint reads. “The Secretary of State’s purge treats those who have been naturalized as second-class citizens whose right to vote can be uniquely threatened and burdened solely because at some point in the past, these individuals were not U.S. citizens.”

See here and here for the scoop on the other lawsuits, and here for a copy of the complaint. I had speculated in yesterday’s post about Lawsuit #2 that we could get this one as well, as the groups representing these plaintiffs had had specifically said they would sue if the SOS didn’t back all the way off. Gotta follow through when you say stuff like that, so folks will know you don’t mess around. At this point, we’re waiting to see what the courts will say. In an ideal world, they will force the state to do what these plaintiffs asked in the first place, which is to get their crap together before they put out baloney like this. Here’s hoping. On a related note, Mayor Turner released a statement urging Harris County Tax Assessor Ann Harris Bennett to reject the SOS advisory, which you can find here.

Paxton wants power to pursue political prosecutions

That’s the only rational interpretation of this.

Best mugshot ever

As he begins his second term, Texas Attorney General Ken Paxton is looking to expand the prosecutorial power of his office, asking the Legislature for more resources and expanded jurisdiction to go after crimes related to abortion and voter fraud.

The Republican attorney general’s office has asked lawmakers for millions more in funding to prosecute election fraud and human trafficking crimes. The agency has also requested expanded jurisdiction over abortion-related crimes, which are currently the purview of local officials.

Paxton’s office, which didn’t return multiple requests for comment for this story, says additional resources — and the additional grants of authority — are necessary to ensure laws are uniformly, and firmly, enforced across the state. But in Texas, most criminal enforcement falls to local prosecutors unless they seek the state’s help. And many of those prosecutors say there’s no need for the state to take over work they’re already handling.

Critics also point to the contested areas where two of Paxton’s major requests focus — abortion and election fraud — as evidence that he’s motivated by politics, not law.

There’s a lot more in the story, and you should read it all, but what you need to know is right there. It all started with Paxton’s minions making false statements to a Senate committee about local prosecutors. Never mind that there’s essentially no such thing as “abortion-related crime” – the story never even defined what that might be, and the anti-abortion advocate quoted in the story couldn’t supply an example of it. If Ken Paxton has the power to prosecute it, whatever it is, you can bet your bottom dollar he’ll find some to prosecute. Same for “election fraud” – I guarantee you, you give him millions of dollars to spend on it, he’ll spend them all. You’ll almost forget that the original role of the Attorney General is for civil cases.

New Braunfels hits pause on scooters

Swimming against the tide here.

Photo: Josie Norris /San Antonio Express-News

New Braunfels police on Wednesday issued a 90-day ban on commercial electric scooters in the city and will cite anyone caught using one with a Class C misdemeanor, city officials announced.

The temporary order was issued by Assistant Chief of Police Joe Vargas in an effort to address the scooter issue through “proper channels of city government,” according to a statement from David Ferguson, the communications coordinator for the City of New Braunfels.

“We understand it’s a national trend, but the reason behind this is getting something down on the books from city council and figuring out what the city wants to do about [the scooter companies] should they locate here,” Ferguson told mySA.com.

The ban applies to the commercial use of “electric motorized scooters on public streets, sidewalks and rights-of-way inside the incorporated city limits.”

“Under the temporary order, officers with the New Braunfels Police Department will be able to cite those using motorized scooters if they were acquired through a commercial business (shared mobility service) and if they are being used on public streets or sidewalks,” Ferguson said in a statement. “Each citation is the equivalent of a Class C Misdemeanor with a fine not to exceed $500.”

You can see the definitions of what’s allowed and not allowed here. I don’t know exactly where one would want to ride a scooter in New Braunfels – most of that town is either along a highway or in a residential area. Maybe near the Schlitterbahn or in the old-town-square district. Be that as it may, when Big Scooter comes to Austin to get a statewide law passed enabling their business, you’ll know where the first shot in that battle was fired.