Texans are ensnared in the Lone Star State's Restrictive New Voting Law, passed by the Republican-controlled Legislature last year.
It imposes a raft of Changes in a State that already had some of the Strictest Voting Regulations in the Country. As Early Voting kicks off in the State on Monday, Election Officials and Voters alike are grappling with Confusion about the Law, in the First Statewide Election since it has taken effect.
At stake are Primary Races for: Governor, Six other Statewide Offices, along with Contests for State Legislative, Congressional Seats, and other Local Positions. Early, In-Person Voting runs through February 25. The Final day of Voting in the Primary is March 1.
In addition to the New ID Requirements to Vote Absentee, the Law makes it a Crime for a Public Official to Mail-Out Absentee Ballot Applications to Voters who haven't Requested them, but the Law says Voters over 65 can vote this way and should get them.
SB1, as the Law is known, also takes aim at Harris County, home to Houston, which offered 24-hour Voting during the Pandemic in 2020. The Law limits Early Voting hours and Bans Drive-thru-Voting, another Tool the County used.
The Changes already have resulted in Higher-than-usual Rejection Rates for Absentee Ballot Applications, and some Counties have begun to report New Problems: Hundreds of Mailed Ballots flagged for Rejection over ID Requirements. Voters have to include a Texas Identification Number or a Partial Social Security Number when returning their Mail-in-Ballots, despite having already provided similar Identifying Information when they Applied for the Ballot in the first place. If they have neither Number, they must also indicate that.
In the Democratic stronghold of Harris County, 40% of Mailed Ballots received by Election Officials through late last week had been Flagged for Problems. Virtually all were Missing Identification. "We are seeing, in real time, voters' votes being rejected," said Isabel Longoria, the Top Election Official in Harris County and a Critic of the New Law. She Sued to Block the Provision that bars Public Officials from Soliciting Absentee Ballot Applications.
On Friday night, a Federal Judge sided with Longoria, and issued a Preliminary Injunction that Temporarily Blocks Prosecutors in Harris County and Two other Jurisdictions from pursuing Criminal Charges against Election Workers who encourage Absentee Voting. "It's my job, literally, to help voters, to advise them, to encourage them to vote," Longoria said, citing her Frustrations with the Law.
"Basically, everything that can go wrong with this has been going wrong," said James Slattery, a Senior Staff Attorney with the Texas Civil Rights Project, said of the Implementation of the Texas Law.
Grace Chimene, the President of the League of Women Voters of Texas, said the "past three, four weeks have been a nightmare" for voters. "We tried to tell (lawmakers) during the legislative session that this was going to be a nightmare," she added, "and they went ahead and just passed this."
State Sen. Bryan Hughes (R-1st District), the Leading Republican behind the Measure said: "The right to vote is too precious, it costs too much, for us to leave it unprotected, unsecured," he said at the time.
Officials with the Secretary of State's Office say a Unique set of circumstance have led to the current Mess.
Last year, Texas Democrats in the Minority in the State Legislature, Twice broke Quorum in a Failed attempt to Scuttle the sweeping Bill. Gov. Greg Abbott (R) signed it into Law on September 7, months after the traditional end of the Regular Legislative Calendar. "It's really just a time crunch," said Sam Taylor, a Spokesman for Texas Secretary of State John Scott (R), an Abbott Appointee. "The lead time we usually get to implement something like this was more than cut in half."
He said concerned Voters can use the State's New Online Ballot Tracker to determine whether their Ballot has been Flagged. Voters are allowed to use the Online system to Fix any Problems, including adding Missing Identification Numbers, Taylor said.
Local officials are hoping that Rejection Rates will Fall as they scramble to answer Voters' Questions and help them Correct Mistakes. In Harris County, the State's most Populous, Longoria said she's Doubled the Call Center Staff to help Answer Questions.
Only a narrow slice of the Population can Legally Vote by Mail in Texas: those 65 and Older, People who are Sick or Disabled, and those who will be Out of their Home County during In-Person Voting. In all, nearly 1 million Texans Voted by Mail in 2020, out of 11.3 million Votes Cast.
NYC Wins When Everyone Can Vote! Michael H. Drucker
