Texas attorney general appeals to bar straight-ticket voting
The Texas Attorney General’s Office filed an appeal and motion to stay Saturday following a federal judge’s order to reinstate straight ticket voting ahead of the November general election.
Lawyers representing the Texas
Secretary of State argued that U.S. District Judge Marina Garcia Marmolejo erred when she ruled Friday that the elimination of straight ticket voting this year would illegally impede the ability of Texas residents to vote by causing long lines at the polls amid the COVID-19 pandemic.
The attorney general’s office also argued the ruling came too late for elections officials to properly alter ballots.
“Eighteen days before in-person voting begins is insufficient time for election administrators in 254 counties and their vendors to meticulously re-program, reproof, and re-test thousands of different ballot styles,” state officials wrote in their motion to stay.
State legislators voted in 2017 to repeal the use of straight ticket voting, a practice used by six other states, according to the National Conference of State Legislators. The vote fell largely along party lines, with Republicans backing the measure.
Supporters of the bill argued the law would force voters to make more informed decisions in races throughout the ballot. About three-quarters of Harris County voters chose a straightticket option in 2018.
Opponents of the legislation, however, said the measure aimed to reduce the voting power of
people use that portal every year to update their driver’s licenses,” she said. “That comes down to thousands of people every single day.”
The last day to register in Texas to vote in the November election is Oct. 5.
Kayleigh Date, a spokeswoman for the Texas attorney general’s office, confirmed Thursday that “the secretary of state and Texas Department of Public Safety are in compliance with the court’s order.”
Date said the AG’s office plans to appeal the federal district court ruling.
Republican state leaders have fought for years against online registration by saying it would increase the chances of voter fraud. In 2018, they successfully appealed a nearly identical ruling on a technicality, arguing that the plaintiffs no longer were harmed because they had re-registered since filing the suit.
Marziani said she was cautiously optimistic that the decision will stick this time because the state already has complied with the order and the lawsuit showed that
the harm was ongoing.
Lead plaintiff Jarrod Stringer and other voters filed suit again in January after they experienced further problems trying to register to vote. Stringer originally was unable to vote in 2014 after he and his wife relocated to San Antonio. It happened again a year ago when they moved to Houston.
Texas previously has allowed voters to update their registration online only if they move within the same county. Voter registration also is available for those who go in person to apply for a license.
“The goal really was to change the system that was being set up
in Texas to deny the people their right to vote,” Stringer said. “I felt like that was really a violation of their citizenship. And I know I’m not the only one.”
Stringer said the online portal appeared to be working Wednesday night when he used it himself, though it did not clearly indicate that the registration process was completed. He said he and the other voters plan to press the state to make the process more explicit.
“It was not clear at all,” he said. “They’re still trying to keep it murky.”
The number of Texans renewing their licenses online is expected to increase this year because of restrictions in place amid the coronavirus pandemic. Marziani said people also are more likely to have to move now because of the economic fallout from the health crisis.
She said the group is hopeful the ruling can be a starting point for further action by state leaders.
“Now we know that Texas has the technical know-how to do this and can do it securely,” Marziani said, “this is the time for the Legislature to take the next step and fully enact voter registration.”