Austin American-Statesman

Flawed Texas votes linked to confusion

Nov. 8 glitches blamed on judge’s voter ID law ruling, not fraud wave.

- By Sean Collins Walsh scwalsh@statesman.com

After confusion over whether several hundred Texans voted improperly in the November election, local election officials say that the ballots in question likely were cast by eligible voters who got caught up in the chaotic scramble to implement a court order loosening the state’s strict voter identifica­tion law.

The law, adopted in 2011 by the GOP-controlled Legislatur­e and mired in a yearslong court battle, requires voters to show one of seven forms of government-issued photo ID.

After federal courts found the law to be discrimina­tory, a judge in August ordered Texas officials to soften its requiremen­ts for the Nov. 8 election by allowing registered voters without one of the required photo IDs to cast ballots if they signed affidavits swearing that they had a “reasonable impediment” to obtaining ID and showed other documentat­ion, such as a birth certificat­e, utility bill, bank statement or government pay stub.

Officials have said the new rules were implemente­d unevenly across the state, and The Associated Press reported that 500

people who signed the affidavits indicated on the forms that they had photo ID but were declining to show it. Reasons varied, with some withholdin­g their IDs as a protest of the law, some saying they forgot their IDs and others refusing to show an ID without explanatio­n.

The finding led Stephen Vickers, Tarrant County’s chief deputy elections administra­tor, to say he would forward those affidavits to prosecutor­s, and it was used as ammunition by Republican­s who have argued, without evidence, that voter fraud is widespread. Gov. Greg Abbott tweeted in response, “We’ll continue our fight to stop cheating at ballot box.”

But Vickers and other elections officials say the issue wasn’t voter fraud but mass confusion over the voter ID requiremen­ts.

“That’s really not fraud. That’s just them breaking a rule. They’re still an eligible voter, and they can still vote without that ID,” said Vickers, who said his office is still reviewing the affidavits and will forward them to prosecutor­s if warranted. “I don’t see voter fraud being rampant. I think most of this is confusion on the voters’ part and our part as far as what is required, and that’s a training issue we need to get at.”

Assessing law’s effect

The affidavits in question were among more than 16,400 signed by Texas voters in the Nov. 8 election, including 2,300 voters in Travis County. Those voters would have been unable to cast ballots if the state’s voter ID law were in full effect.

Although the August court order spurred mass confusion in the run-up to the November election, it also created a unique case study for examining voter ID laws, the impact of which are often difficult to measure because it is impossible to know how many people would have voted in a given election if there had been less restrictiv­e ID requiremen­ts.

Despite the court order, civil rights groups said they received hundreds of reports from across the state of local election judges incorrectl­y applying the modified ID guidelines, meaning more people might have been turned away at the ballot box and the number of signed affidavits likely represents the minimum tally of Texans who would have been or were disenfranc­hised by the law.

Those who voted by signing the affidavits despite indicating they had photo ID should instead have been directed to vote by provisiona­l ballot, Travis County Clerk Dana DeBeauvoir said. In that process, officials hold the provisiona­l ballots separate, and voters have six days after the election to produce valid ID, allowing their votes to be counted.

DeBeauvoir said her office wasn’t reviewing the affidavits for possible perjury prosecutio­ns because any errors in them were likely caused by the court order being carried out “with little time and virtually no training.”

“There are several things going on here, and they’re all small,” she said. “I could see how the voting provisions would be a little confusing. I see that just as a paperwork thing.”

Harris County Clerk Stan Stanart, who told the AP he might forward flawed affidavits to prosecutor­s, didn’t respond to a request for comment.

Jennifer Anderson, the Hays County elections administra­tor, said her office isn’t taking any action on the affidavits at this time. Bastrop County’s administra­tor, Bridgette Escobedo, said her office found no affidavits in which people indicated they had an ID.

Jacque Callanen, Bexar County’s election administra­tor, declined to comment except to say her office would only take action on the affidavits if directed to do so by the Texas secretary of state’s office.

Sam Taylor, a spokesman for Secretary of State Rolando Pablos, said in a statement that his office “is not legally authorized to conduct investigat­ions, so any investigat­ion into allegation­s of illegal voting would have to be initiated either in the Attorney General’s office, or by the various County DAs where the alleged violations occurred.”

Texas Attorney General Ken Paxton’s office declined to comment on whether it is investigat­ing the affidavits.

New bill in pipeline

Democrats and voting rights groups have argued that the voter ID law, authored by former state Sen. Troy Fraser, R-Horseshoe Bay, discrimina­tes against groups that are less likely to have photo ID and more likely to vote Democratic, including students and racial minorities.

Republican­s have argued that the law is necessary to ensure the integrity of the vote. Studies on voter fraud, however, have shown that it isn’t widespread and that cases involving the type of voter fraud that photo ID laws can prevent — in-person impersonat­ion of another voter — are exceedingl­y rare.

In July, a federal appeals court sided with those who said the law had discrimina­tory effects, and a month later U.S. District Judge Nelva Gonzales Ramos ordered the state to temporaril­y soften the ID requiremen­ts for the Nov. 8 election.

On Wednesday, Paxton asked a federal judge to delay an upcoming court hearing on the case until summer as lawmakers consider a replacemen­t law.

Senate Bill 5, by state Sen. Joan Huffman, R-Houston, would make the option of signing the court-ordered “reasonable impediment” forms permanent and create a criminal penalty for those who sign the forms but have a valid photo ID.

 ??  ?? Gov. Greg Abbott tweeted a vow to stop ballot box “cheating.”
Gov. Greg Abbott tweeted a vow to stop ballot box “cheating.”

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