Houston Chronicle

Texas GOP targets more voting restrictio­ns

Bills include limiting mail-in ballots, curbing governor’s power on changing election law

- By Taylor Goldenstei­n

AUSTIN — As the country’s political polarizati­on reaches a boiling point — illustrate­d vividly Wednesday by the violent takeover of the U.S. Capitol by supporters of the president who believed his false claims that the election was stolen — Texas Republican­s are seeking to make some of the nation’s strictest voting laws even stricter.

They say the unrest sparked by the events Wednesday is likely to invigorate discussion­s over the matter in the state Legislatur­e, where the 2021 session will begin Tuesday.

Several election-related bills have been filed by lawmakers on both sides of the aisle — though their aims are in direct opposition, with Democrats looking to ease up laws they see as suppressin­g the vote and Republican­s trying to curb the opportunit­ies for the fraud they say plagued the 2020 election.

Democrats have filed about two-thirds of the election-related bills, with the other third coming from Republican­s.

“If this week has highlighte­d anything, it’s that we need to protect and encourage democracy and that it’s fragile,” said Rep. John Bucy III, an Austin Democrat who sits on the House Elections Committee. “And so these types of bills are worth the investment.”

Election integrity was voted one of the Texas GOP’s top eight legislativ­e priorities in 2020 by its members. Republican bills include measures to tighten mail voting restrictio­ns and stop governors from changing election laws during disasters, two concerns that President Donald Trump raised in his election challenges.

Leading Texas Republican­s such as Attorney General Ken Paxton have warned of mass voter fraud for years but have not produced any evidence of the phenomenon. Paxton’s election integrity unit resolved just 16 minor prosecutio­ns in 2020 despite spending nearly twice as much time on voter fraud cases as in 2018. All of those cases involved voters using false addresses on registrati­on forms.

State Sen. Paul Bettencour­t, RHouston, filed legislatio­n that would codify a Texas Supreme Court decision that blocked Harris County froms ending mail ballot applicatio­ns to every registered voter in the county ahead of the November election. Texas is one of 16 states that require voters to have an excuse to vote by mail.

Bettencour­t said Harris County’s move to mail the applicatio­ns “would have certainly caused more voter confusion” because most recipients would not have been eligible for an absentee ballot. The state Supreme Court ruled last year that voters’ lack of immunity to the coronaviru­s alone does not qualify as a disability that makes them eligible to vote by mail, but could be one of several factors a voter may consider.

Other bills filed by Republican lawmakers aim to correct the voter rolls, such as one filed by newly elected Sen. Drew Springer that would require voter registrars to do various checks for changes in address on an annual basis.

Springer said the bill was inspired by an Ohio law that the U.S. Supreme Court in 2018 upheld that allows the state to purge voters from the registrati­on rolls if they do not return a mailed address confirmati­on form or don’t vote for two federal election cycles. The Texas billwould require registrars to use data from the U.S. Postal Service and property records for inactive voters to identify possible changes of address, then to send the notice requesting confirmati­on of their current residence.

“We’ve got people that moved away 40 years ago, but they’re still on the rolls,” Springer said, adding that gives people looking to vote fraudulent­ly in someone else’s name more opportunit­ies. “It’s an integrity issue. Everybody I know of, Republican­s and Democrats, want to know that we have fair elections where no one’s vote is canceled out by someone who’s not supposed to be voting.”

Echoing Trump’s concerns

GOP lawmakers are also setting out to resolve an issue that has put some of them at odds with Republican Gov. Greg Abbott: the essentiall­y unrestrain­ed emergency powers that the governor holds to temporaril­y change election laws once he’s declared a disaster.

U.S. Reps. Michael Cloud and Pat Fallon of Texas both cited the lack of state Legislatur­e approval of election rule changes on Wednesday when they voted to object to the certificat­ion of votes in Arizona.

For that reason, state Rep. Steve Toth, R-The Woodlands, is proposing a constituti­onal amendment that requires the governor to convene a special session of the Legislatur­e in order to renew a state of disaster or emergency declaratio­n past 30 days. The Legislatur­ewould then decide whether to extend or renew the declaratio­n, as well as whether to pass legislatio­n related to the disaster.

“HJR 42 restores the balance of power that existed before the Texas Disaster Act of 1975 was exploited during COVID-19 to give the executive branch unpreceden­ted power over small businesses,” Toth said in a statement. “Here’s the problem: If you don’t like the governor’s COVID-19 orders, I have to wait until January of the next odd-numbered year to stop them. The governor isn’t going to call a special session for me to stop his orders before then. And judges won’t give me standing to use the courts to stop the governor because, again, the Legislatur­e is not in session. I know; I’ve tried.”

Dems push back

Democrats, meanwhile, are hoping to find bipartisan support on a number of bills that would open up voting laws and push back against what they see as voter suppressio­n.

Bucy and other Democrats have proposed bills that enable voters to register and cast ballots at the same time as 21 other states do; make Election Day a state holiday; and expand vote-by-mail to all registered voters, as 34 other states have done. Democrats also continue to file bills to establish online voter registrati­on in Texas, one of only 10 states that do not permit it.

Bucy admitted some of the Democrats’ proposals may be an uphill battle, but he said others focused on transparen­cy may be less contentiou­s. One example is a bill that would require counties to create mail ballot tracking systems that show when the ballot applicatio­n has been received and when the ballot has been sent out and received.

“I honestly would have been more optimistic until the president decided to make this a fake issue with no evidence or substance,” Bucy said about his bill that would allow all Texans to vote by mail if they choose. “Maybe with what’s happened in the last few days, people will take a good look and not take him at his word anymore. Hopefully there’s a shot.”

Rep. Christina Morales, DHouston, has also filed legislatio­n that would make all registered voters eligible to vote by mail, along with another proposal that would permanentl­y expand the early voting period by four days.

Texans had a taste of what that would be like last year after Abbott expanded the early voting period by about a week during the July runoff and November general elections to make it safer to vote during the pandemic.

“I represent a working- class community,” Morales said. “And themore days we have, the more opportunit­ies there are and the more flexibilit­y there is for people to vote.”

“It’s an integrity issue. Everybody I know of, Republican­s and Democrats, want to know that we have fair elections where no one’s vote is canceled out by someone who’s not supposed to be voting.”

Sen. Drew Springer

 ?? Jon Shapley / Staff file photo ?? People drop off mail ballots at NRG Park in October. Texas is one of 16 states that require voters to have an excuse to vote by mail.
Jon Shapley / Staff file photo People drop off mail ballots at NRG Park in October. Texas is one of 16 states that require voters to have an excuse to vote by mail.
 ?? Jason Fochtman / Staff file photo ?? Election clerk Tracy Kelly submits a resident’s mail-in ballot in October. The voting method could be limited in Texas by a Republican bill in this year’s legislativ­e session.
Jason Fochtman / Staff file photo Election clerk Tracy Kelly submits a resident’s mail-in ballot in October. The voting method could be limited in Texas by a Republican bill in this year’s legislativ­e session.

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