Houston Chronicle Sunday

Texas attorney general appeals to bar straight-ticket voting

- By Jacob Carpenter STAFF WRITER

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.”

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