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February 20th, 2019:

First day in court for SOS advisory lawsuits

First day for the first lawsuit, one of three filed against that bogus SOS advisory.

Still the only voter ID anyone should need

A federal judge in San Antonio will hear arguments Tuesday in one of three legal challenges to the state’s initiative to purge tens of thousands of Texans from voter rolls who officials claim are not U.S. citizens.

U.S. District Judge Fred Biery will hear a request by a group headed by the League of United Latin American Citizens seeking a court order to block the plan. LULAC and others say many of the people targeted by the rollout were wrongly placed on the purge lists.

The state, in court records, defends the initiative as necessary. The hearing could last much of Tuesday, and possibly into Wednesday, but the judge is not expected to issue an immediate ruling.

[…]

LULAC’s suit said the initiative amounts to a discriminatory “witch hunt” targeting mostly Hispanic voters, in violation of the federal Voting Rights Act. The Campaign Legal Center joined the suit, adding constitutional concerns. The groups also filed a request to turn it into a class-action lawsuit for others who might be wronged.

The Mexican American Legal Defense and Educational Fund later filed a separate suit in Corpus Christi, which contends that state officials singled out naturalized citizens because they were born outside the country. A coalition of other groups — MOVE Texas Civic Fund, Jolt Initiative, League of Women Voters of Texas and the NAACP of Texas — filed a third lawsuit in Galveston to prevent the purge, saying Texas officials are treating those who have been naturalized as second-class citizens. Both lawsuits are pending.

See here for more on the LULAC lawsuit, and here and here for the other lawsuits. The Trib filed a story later in the day with more details about what happened so far.

Facing three federal lawsuits challenging the legality of Texas’ efforts to review the citizenship of 98,000 registered voters, a top lawyer for the state opened up his defense in one of the cases by claiming the state had not made any mistakes or imposed unconstitutional burdens on certain voters in rolling out the review. Actually, he argued, it was certain county election officials who had acted “contrary to state law.”

In a federal courthouse Tuesday, Assistant Attorney General Chris Hilton repeatedly questioned why two local election officials — Kerr County Tax Assessor Bob Reeves and Blanco County Tax Assessor Kristen Spies — immediately sent voters who were flagged by the state letters demanding that they prove their citizenship in order to remain on the voter rolls. Hilton said counties should have first reviewed their lists to determine whether they had reason to believe a voter was ineligible.

The two voter registrars told the court their staff was simply following the state’s instructions — laid out in an official election advisory — on how to determine if those individuals were in fact U.S. citizens and therefore eligible to vote. In her reading of the state’s advisory, in which state election officials repeatedly noted they had worked to provide counties with “actionable information,” Spies said she believed that meant “that we should work the list.” She was echoed by Reeves, who indicated the state’s decision to flag those voters gave them enough reason to move forward with those notices.

[…]

Hilton contended the secretary of state had merely told counties they had the choice to investigate the voters or take no action — not immediately send out notices.

“Unfortunately, Mr. Reeves, I think your staff has acted contrary to state law,” Hilton told Reeves, who oversees the county’s voter rolls and whose staff sent out 68 proof-of-citizenship letters the day the county received its list of voters from the state.

[…]

Chad Dunn, one of Hilberg’s attorneys, followed Hilton’s questioning by projecting a copy of the secretary of state’s advisory onto a large screen in the courtroom and reading from the part of the document that indicated that state officials “believe” the data they provided “can be acted on in nearly all circumstances.”

“Is a reasonable reading of that sentence that this list of voters is ready to be sent notices without any further steps?” Dunn asked.

“Based on this, yes,” Reeves responded.

Dunn then asked what effect a combination of that advisory and the statements made by top Republican officials about supposed voter fraud had on Reeves’ understanding of whether he needed to send those notices.

“To the best of my knowledge, that’s why my office sent that out,” Reeves said.

Classy move by the state, blaming the local officials for the SOS’s actions. The case continues today, and we probably won’t get an immediate ruling. And whatever happens here, those other lawsuits are out there as well.

Things the Rainy Day Fund was not intended for

This, for one.

A pair of conservative lawmakers want Texans to help pay for President Donald Trump’s border wall and plan to ask lawmakers to take $2.5 billion out of its rainy day fund to cover the costs.

Reps. Briscoe Cain, R-Deer Park, and Kyle Biedermann, R-Fredericksburg, told Breitbart, a conservative news publication, they plan to file legislation that would cover costs to “design, test, construct, and install physical barriers, roads, and technology along the international land border between the State of Texas and Mexico to prevent illegal crossings in all areas.”

Texans and Texas-owned companies would be given preference on all bids and contracts, the publication reported.

“If Congress refuses to keep Americans safe, then Texas will answer the call,” Cain said in a statement. “Our office is receiving many calls in support of this effort. We’ve even received calls from citizens of other states offering to help fund the wall.”

[…]

Texas now spends about $400 million a year on border security. Texas Gov. Greg Abbott suggested that lawmakers will renew that commitment over the next two years. The proposal from Cain and Biedermann would spend $2.5 billion by Aug. 31, according to Breitbart.

You know, I’m old enough to remember when this was known as the Economic Stabilization Fund. I’m also old enough to remember what its original intent was:

Texans approved a constitutional amendment creating the ESF in 1988, following an oil price plunge and economic recession that forced lawmakers to raise taxes to keep state government in the black. The Legislature structured the fund to automatically set aside some tax revenues in boom years to help the state during downturns.

It actually worked that way for awhile, too. Then Rick Perry came along and used the cover of the 2011 budget deficit to declare that the ESF was actually a fund for helping the state cope with natural disasters, and not to be used to avoid the deep and damaging cuts to things like public education and Medicaid that happened during that session. That change by executive fiat, along with the popular moniker of “The Rainy Day Fund” led to many people demanding its use in the aftermath of Hurricane Harvey, which Greg Abbott refused. It’s still not clear what the state will do to help further the recovery from Harvey, but tapping into the ESF in a time of need for one-time expenditures is at least within hailing distance of its original purpose. The Cain/Biederman exercise in pants-wetting and xenophobia, on the other hand, is not. I’m glad we had the chance to have this little conversation. The Observer has more.

Another scooter casualty study

To be done in Austin.

As many as 14,000 dockless electric scooters are on the streets of Austin, whose 326 square miles are home to almost 1 million people. That likely makes Austin one of the cities with the highest scooter-to-citizen ratio in the nation — though the electric vehicles are also rapidly multiplying on the streets and sidewalks of Atlanta, San Diego, Nashville and Washington. At least 1,200 more are poised to appear in Austin whenever already-licensed operators deploy them. Ten companies have licenses to operate now.

Austin city leaders, worried about injuries for both users and pedestrians, asked the Centers for Disease Control and Prevention to investigate scooter-related crashes and injuries. The first-ever CDC scooter study will also look at how accidents could be prevented.

“We’re totally paranoid,” said Forrest Preece, a retired advertising executive who lives in a downtown condo and leads a largely pedestrian life.

“I’m 72 and my wife is 70. It would be easy to knock us over,” he said. “My wife actually went online and found a little mirror to attach to her wrist to look behind her so she’s not constantly turning around. We go single file so she can see that mirror and see what’s behind us.”

These scooters are everywhere — speeding by or strewn on sidewalks — and are likely to overwhelm the city this spring as Austin readies for an onslaught of scooter-riding visitors during the annual SXSW Conference & Festivals, running March 8-17. Last year’s SXSW drew 432,500 people.

The scooter study was launched in December when three CDC epidemiologists spent two weeks in Austin reviewing incidents and scooter-related injuries during a 60-day period from September to November. They began contacting the 258 individuals identified through EMS calls or who visited emergency rooms with a scooter-related injury. Findings from this study will likely be released in March and could have far-reaching effects as cities across the country grapple with reports of injuries from these e-scooters.

“We don’t know if there’s something unique about Austin or the population there that may be different from other parts of the United States or globally,” said Eric Pevzner, chief of the Atlanta-based CDC Epidemic Intelligence Service, which is conducting the probe. “The rate of scooter injuries in Austin may be consistent with what’s being noticed in other places, or it may be much higher.”

[…]

The CDC Austin study will calculate injuries per number of scooters ridden and per mile traveled. As researchers speak with those hurt, they’ll ask about road conditions, street types, weather, helmet use and behaviors, including alcohol use while riding.

While the study continues, Austin’s transportation department announced a “pause” in issuing new licenses to dockless mobility operators to assess the level of demand for those currently licensed and to ensure safety. The city is also reviewing its current rules and expects to revise the scooter rider ordinance this spring.

This story references the earlier study that was done in California, whose methodology was slightly different. The city of Austin just witnessed its first fatality involving a scooter, which would make it the third nationally. I look forward to seeing the results, and even more the recommendations for how cities should try to make these things safer to operate.