Off the Kuff Rotating Header Image

May 18th, 2019:

SB9 clears House committee

Let the stalling tactics begin!

Still the only voter ID anyone should need

The House Elections Committee voted Friday to advance a controversial election bill, setting up a race to get it onto the full chamber’s agenda ahead of bill-killing deadlines that start this weekend.

The committee approved Senate Bill 9 by Republican state Sen. Bryan Hughes on a 5-4 party-line vote during a short meeting on the House floor called two days after the panel heard hours of public testimony — a vast majority in opposition of the bill — during a marathon hearing that ran past midnight.

SB 9 is a wide-ranging bill that makes more than two dozen changes to election practices. Among the provisions are one to make it a felony for Texans who vote when they’re ineligible — even if they do so unknowingly — and another to allow partisan poll watchers or election officials to be present at a voting station if a voter is getting help from someone who isn’t a relative. Those individuals would then be allowed to examine the voter’s ballot before it’s submitted to determine whether it was filled out “in accordance with the voter’s wishes.”

The legislation also grants the state attorney general direct access to the voter rolls and essentially allows Texas to participate in a controversial, Kansas-based voter verification program that has proved to be unreliable and riddled with cybersecurity weaknesses.

[…]

The bill now heads to the House Calendars Committee, which sets the full chamber’s agenda. If it makes it onto the House calendar, the chamber will need to approve it before a midnight deadline Tuesday. Already running against the clock, the House Elections Committee delayed a vote on the bill twice, canceling a Thursday vote when too few Republicans would be in the room to get it out of committee.

See here for the background. AT this point, there are two main questions. First, can the Democrats do enough to delay this bill from getting to the House floor? (Assuming it gets on the calendar, which I figure it will.) And second, if the Dems manage to delay it to death, does Greg Abbott call a special session to revive it? My best guesses are Yes for the first, and Too Soon To Tell for the second. Let’s take it one step at a time and see where we go. In the meantime, keep calling your legislators to let them know that SB9 is a bad bill. The Observer has more.

Paxton again refuses to comply with House Oversight Committee

It’s like he has no interest in oversight, or something.

Best mugshot ever

Texas Attorney General Ken Paxton’s office this week again denied a request for a records by a U.S. House panel seeking to investigate the state’s botched voter purge program.

[…]

While the Attorney General’s office has refused to release documents, Secretary of State David Whitley’s office said Tuesday it has released more than 1,000 pages of documents in response to the request and plans to produce more by the end of the week now that the federal lawsuit has been settled.

Whitley’s office continues to withhold other documents it says are exempt from disclosure because of attorney-client privilege.

First Assistant Attorney General Jeff Mateer in a letter Monday reiterated his claim that the House committee lacks the authority to force the secretary of state to produce documents.

Rep. Jamie Raskin, D-Md., chairman of the Oversight Subcommittee on Civil Rights and Civil Liberties, has rejected that claim but last month stopped short of threatening a subpoena if the Texas officials don’t hand over the documents requested — including emails with Gov. Greg Abbott and Trump administration officials about the attempted voter purge.

In the letter Monday, Mateer said the ability of Congress to pass laws to protect voter rights does not “override the inherent and reserved power” of the state to maintain its own voter rolls.

“Granting Congress the power to exercise ‘oversight’ over the constitutional officers of a state engaged in the lawful exercise of that state’s core authority would undermine the fabric of our system of dual sovereignty,” Mateer wrote. “In this case, that risk would be made particularly acute by the committee’s attempt to force the constitutionally-designated attorney for the State of Texas to divulge privileged and confidential communications with a client concerning the client’s enforcement of Texas law.”

Mateer added that the committee lacked a “valid legislative purpose” for the investigation, which the committee has disputed.

See here and here for the background. Note the similarity in the responses by Jeff Mateer and Donald Trump’s attorneys. It’s not an accident or a coincidence. I say it’s time to break out the subpoenas, and to go to court as needed to enforce them. If this is how they want to play this, then let’s quit fooling around and cut to the chase.

Lineup shuffling at the DA’s office

This was a surprise.

Kim Ogg

Harris County District Attorney Kim Ogg’s top lieutenant is out the door after the latest staffing shake-up at an office already plagued by high turnover and ongoing retention problems.

Tom Berg, a former defense attorney who came on board at the start of Ogg’s administration, confirmed his departure early Tuesday – and though initially he described it to the Chronicle as a firing, officials later said that he resigned when offered a different job title.

“I realize that as the office has evolved its needs have necessarily changed,” Berg wrote in a letter to Ogg dated Tuesday. “I could not anticipate or adjust to each aspect of the transformation and acknowledge your need to have a First Assistant who is philosophically more aligned with your course for the future.”

It’s not clear if a specific incident prompted the move. Two other employees – Human Resources Director Dean Barshis and Outreach Coordinator Shekira Dennis – are shifting roles in similarly unclear circumstances.

[…]

As of April, more than 140 prosecutors had left under her tenure, generating a sharp uptick in turnover.

Ogg has attributed the turnover to fallout from Hurricane Harvey, which has left courtrooms scattered across a number of buildings and prosecutors working in makeshift offices.

Some local attorneys chalked up the departures to leadership issues.

“There’s a lot of different things going around — they’re overworked because of the hurricane or they’re not going to trial — but really it’s that there’s no leadership,” said Josh Phanco, a longtime felony prosecutor who left the office earlier this year. “There’s no one you look at and say, ‘Oh, I want to be that guy.’ They all got fired.”

As the story notes, a lot of assistant DAs and other employees left – some voluntarily, others not – after Ogg was inaugurated, and it has continued since then. The same thing happened following Pat Lykos’ victory in 2008 (and would have happened if C.O. Bradford had won instead), as both of these elections represented a change of direction for the office. It’s been bumpy, and that has had a negative effect on how the office has performed, but that is what happens when a large organization undergoes a significant shift in philosophy and operation. I’ve no doubt that plenty of things could have gone better, and of course plenty of experience has been lost. That’s by definition, and it’s part of the point. Kim Ogg will have to defend her record when she runs for re-election next year, but in the meantime and with all due respect, I’m going to take the criticism of people who worked for the previous DAs with a certain level of skepticism.

I’ve met Tom Berg and I’m friends with him on Facebook. I’m sorry to see him go, I don’t know what might have happened, but I wish him all the best. His successor is now in place.

A day after Harris County District Attorney Kim Ogg forced out a top lieutenant in the latest office shake-up, officials confirmed Trial Bureau Chief David Mitcham will step in to assume the role as First Assistant District Attorney.

“David has a long and distinguished career as a criminal trial lawyer and prosecutor; he’s handled thousands of cases and understands the needs of our staff because he has walked in your shoes,” Ogg wrote Wednesday in an office-wide email announcing the change. “While you all have known him over the past two and one half years as the Trial Bureau Chief, I have known David for more than three decades as a colleague, friend and outstanding lawyer.”

Best of luck to David Mitcham.