Monday, September 28, 2020

From the Texas Tribune: Federal judge blocks Texas’ elimination of straight-ticket voting

Very big news - the Texas attorney general has filed an appeal.

- click here for the article

Less than three weeks before early voting begins in Texas, a U.S. district judge has blocked the state from eliminating straight-ticket voting as an option for people who go to the polls this November.

In a ruling issued late Friday, U.S. District Judge Marina Garcia Marmolejo cited the coronavirus pandemic, saying the elimination of the voting practice would “cause irreparable injury” to voters “by creating mass lines at the polls and increasing the amount of time voters are exposed to COVID-19.”

Marmolejo also found that the GOP-backed law would “impose a discriminatory burden” on Black and Hispanic voters and “create comparatively less opportunities for these voters to participate in the political process.”

She acknowledged the burden the decision could put on local and state election officials, who will have to recalibrate voting machines or reprint ballots. But she reasoned that the potential harm for those suing, including the Texas Alliance for Retired Americans, was “outweighed by the inconveniences resulting.”

The day after the ruling, Texas Attorney General Ken Paxton released a statement saying that his office filed a motion to stop the judge’s order and intends to file an immediate appeal of the district court’s ruling.

“I am disappointed that the Court departed from its prior reasoning and imposed straight ticket voting only weeks before a general election,” Paxton said.

The popular practice of straight-ticket voting allowed general-election voters to vote for all of the candidates of either party in an election by simply picking a straight-ticket option at the top of the ballot. But Texas Republican lawmakers championed a change to the law during the 2017 legislative session, arguing it would compel voters to make more-informed decisions because they would have to make a decision on every race on a ballot.

Update: 

Federal appeals court temporarily blocks ruling that reinstated straight-ticket voting in Texas.

A federal appeals court on Monday put a temporary hold on a lower court’s ruling last week that reinstated the practice of straight-ticket voting, again casting into uncertainty whether Texas voters will have the option in the Nov. 3 election to vote for every candidate of a political party with one punch. A final ruling is expected after the court weighs the arguments more thoroughly.

. . . Bexar County Election Administrator Jacque Callanen told the Houston Chronicle last week that changing plans this close to the first day of early voting Oct. 13 was “unbelievable.”

“For us right now to have to stop what we’re doing and reprogram and retest, and with the early start of early voting — oh my God,” Callanen said. “I can’t say we won’t do it, but it’s going to take everything in us, and we’re going to have to throw as many people at it as we can.”

Straight-ticket voting is a popular option, generally more so among Democrats in Texas’ 10 largest counties. In the 2018 general election, about two-thirds of Texas voters used the straight-ticket option.

The option makes a particularly meaningful difference in places like Houston, where there may be dozens of local judges on the ballot for voters to select among after they decide on candidates for major federal and statewide offices. Without straight-ticket voting, both Republican and Democratic operatives fear that some of their voters may leave their polling places without making it to the end of their ballots.