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April 2nd, 2019:

LULAC settles its SOS lawsuit

Good news.

Still the only voter ID anyone should need

The state of Texas is ending a program to purge voters it claimed were noncitizens in order to settle lawsuits brought by civil rights groups over the plan.

The deal was reached following a meeting Monday in San Antonio between acting Secretary of State David Whitley and the League of United Latin American Citizens, the American Civil Liberties Union, the Mexican American Legal Defense and Educational Fund and other plaintiffs.

The groups brought three separate lawsuits — filed in San Antonio, Corpus Christi and Galveston — alleging the program illegally targeted immigrant voters and resulted in voter intimidation. The suits were consolidated into one in San Antonio with the lead case, which was filed by LULAC and Washington, D.C.-based Campaign Legal Center.

As part of the deal, Whitley and his staff will tell county voter registrars and local election administrators to take no further action on any data files the state had sent them in late January, but may start a new program that won’t demand voters prove their U.S. citizenship.

[…]

As part of the settlement, the state will scrap the data it used for the first program and begin a new one that, “to the best of its ability, assures that all United States citizens not be affected with the undue burden of having to prove their citizenship,” according to LULAC.

The state will also work with LULAC and the other plaintiffs groups on the plan by sharing the methodology and data used.

The process will enable the state to remove voters who shouldn’t be on the rolls, while being the least disruptive to those who are U.S. citizens, LULAC said.

“It’s not going to be perfect, but it’s nowhere near the disaster of the first one,” said Luis Vera, LULAC’s national legal counsel. “It allows us to have some input in the process.”

See here, here, here, and here for the background. As noted, both of the other two lawsuits were joined with this one, so what happens here is going to be the final word. I Am Not A Lawyer, and I was not able to find a copy of the settlement, but this sure looks like a big win for the plaintiffs. Honestly, just the fact that the state is settling and not taking its chances with the Fifth Circuit tells you something. Kudos to the plaintiffs for forcing some accountability into this mess.

UPDATE: It’s not fully done, but it’s close.

A deal was about “99 percent” done Monday, after Secretary of State David Whitley met in San Antonio with members of the League of United Latin American Citizens, the American Civil Liberties Union, the Mexican American Legal Defense and Educational Fund and other plaintiffs, said Luis Vera, LULAC’s national legal counsel.

As part of the tentative agreement discussed Monday, the state would scrap the data it used for the first voter purge program and begin a new one that, “to the best of its ability, assures that all United States citizens not be affected with the undue burden of having to prove their citizenship,” according to LULAC.

“It’s not going to be perfect, but it’s nowhere near the disaster of the first one,” Vera said. “It allows us to have some input in the process.”

The parties were to return to the table Tuesday to hammer out additional terms before taking the final deal to a judge for review.

Sam Taylor, communications director for the secretary of state, said that while there is no official settlement yet, progress was made Monday.

“We are encouraged by the positive and constructive progress we have made with the plaintiffs, and we remain committed to our goal of maintaining accurate voter rolls while eliminating the impact of any list maintenance activity on eligible Texas voters,” Taylor said.

Stay tuned.

Marijuana diversions

Good progress so far. What can we do to build on it?

Kim Ogg

The Harris County District Attorney’s Office estimated on Friday that it’s saved $35 million and arrested 14,000 fewer people since the start of a program to divert low-level marijuana offenses.

The announcement marked the two-year anniversary of the initiative, which allows misdemeanor anyone caught with less than 4 ounces of marijuana to avoid an arrest, ticket or court appearances if they agree to take a four-hour drug education class.

“We know we have reduced the arrest rate,” Harris County District Attorney Kim Ogg said at a news conference Friday morning. “That gives law enforcement more time to answer serious calls.”

The initiative launched in early 2017 was one of Ogg’s first steps to reform, earning her accolades among criminal justice reformers and marijuana activists. Since then, the program has expanded to include parolees and defendants on probation – but still some experts have questioned whether the initiative, and Ogg’s office, could go further.

“Compared to past district attorneys in Harris County, Kim Ogg’s record looks promising,” said criminal justice expert Scott Henson, with the nonprofit Just Liberty. “Compared to so-called ‘progressive’ district attorneys at the national level like Larry Krasner in Philadelphia, she looks very moderate.”

Before the program started, Harris County law enforcement agencies typically filed around 10,000 misdemeanor weed cases per year, officials said Friday. Since the program began, that number has dropped to about 3,000 people per year.

[…]

[HPD Misdemeanor Division Chief Nathan] Beedle suggested that Ogg’s office isn’t getting enough credit for the progressive shift in marijuana prosecutions, but reformers like Henson have advocated for dropping marijuana prosecutions across the board – whether or not the would-be arrestee successfully completes an education class.

“In a time when 10 states have already legalized fully, I think that marijuana diversion is probably looked at as less aggressively reformist than it would have been 10 or 15 years ago,” Henson said. “I mean, Greg Abbott thinks it should be charged as a Class C misdemeanor. So she’s not that far out of line with centrist opinion.”

I’m not as inclined to give Abbott credit for his belief. Nothing has passed the Lege yet, and Dan Patrick remains a significant obstacle to any reforms. It’s good that Abbott himself isn’t an obstacle, but let’s hold off on the plaudits till something gets done.

That said, I take Henson’s point that while diversion has been a big change here in Harris County, it’s not on the leading edge of reformist thought anymore. So, while we can be glad for the progress that we’ve made so far, it’s fair to ask what comes next. What can we do to push these arrest numbers down further? What do we need to do to drag the more recalcitrant law enforcement agencies within the county along? What’s the next opportunity once marijuana arrests are mostly a thing of the past? These are the questions we need to be asking and answering.

Texas’ uncertain nuclear future

Sometimes I forget that Texas has nuclear plants.

By the standards of the U.S. nuclear energy industry, Texas’s two nuclear plants are fairly new. Neither one is more than three decades old, while many nuclear sites across the country are nearing the five-decade mark.

But as the economics of nuclear power in this country continue to slide, even the futures of the South Texas Project, near Bay City, and Comanche Peak, located 60 miles southwest of Dallas, are far from certain.

When Manan Ahuja, senior director of North American power at the research arm of credit rating agency Standard & Poor’s, recently updated his firm’s list of nuclear plants at risk of closing, he listed both Texas plants at “moderate” risk of closing as early as 2030 – despite the fact that NRG Energy recently renewed its operating license for the South Texas Project for another 20 years.

Ahuja explained that while the plants were “of a much more recent vintage,” low power prices in Texas and state regulators’ policy of not paying plants for their ability to ease power shortages at times of high demand or for generating carbon-free energy – like other states have done – left the two facilities vulnerable.

“It’s a game of chicken. Do you sit around and wait for those high prices, which could happen this summer because there’s been some (coal plant) retirements,” he said. “The prices are fairly weak, even in a fairly hot July last summer.”

Both NRG and Vistra Energy, which operates Comanche Peak, maintain the plants are economic and have no plans to close them.

“Given Comanche Peak is one of the youngest plants in the country, significant decisions on license renewal are a few years away, but the plant is currently well-positioned, and we have no plans to close the it prematurely,” a Vistra spokesman said in an email.

The situation in Texas mirrors one states across the country are grappling with, as nuclear power plants face increased pressure to reduce costs to compete with a surge of cheap natural gas and increasingly efficient wind turbines and solar plants.

I don’t know how serious that threat is, but it’s worth at least thinking about. I’ve always been of the opinion that nuclear power needs to be in the mix, as it is not carbon-generating, but it is surprisingly expensive and of course there are other risks associated with these plants. Given how prices for wind and solar are falling, and the vast potential for both in Texas, I would not advocate more nuclear power here, but neither do I want to see these existing plants mothballed or underused before their time. Whatever we can do to burn less coal is a good thing.