Voter Suppression, Deep in the Heart of Texas-Part 2
In Part 1 of this article, we discussed the rapid changes in Texas’ demographics, which in the ordinary course should have led to more Democratic representation in the state. In this section, we will analyze the techniques the Republican Party has (mis)used to retain its dominant position.
Partisan Split in Texas
Because Texas state officials do not collect or publish figures on voters’ political affiliation, precise numbers on Democratic and Republican voters are not available.
However, here is one possible indicator: since 1995, Republicans have won every race for governor, usually by wide margins. Nonethelss, the close Senate race between Republican Ted Cruz and Democrat Beto O’Rourke in 2018 demonstrated the growing power of Democratic voters. Cruz won re-election, but only by 2.6 percentage points.
Since people of color have accounted for almost all the state’s population growth since 2010, it seems fair to assume that the percentage of Democratic voters has increased. After all, Latinos still lean heavily toward the Democratic Party, according to Pew Research (https://www.pewresearch.org/race-and-ethnicity/2022/09/29/most-latinos-say-democrats-care-about-them-and-work-hard-for-their-vote-far-fewer-say-so-of-gop).
Of course, many Hispanics, like other Texans, are Republican, and the GOP may be attracting support from some Latinos concerned about inflation or border issues. But reports of a massive Latino swing toward the GOP in the Lone Star State are probably overblown. Furthermore, Black and Asian Americans remain overwhelmingly Democratic in their political views.
Expanded Voting Options During Covid
During the 2020 election, local officials in Houston and other metropolitan areas devised creative ways to make voting safer and easier during the Covid pandemic. They established drive-through polling stations, which allowed citizens to cast their ballots from their cars. They encouraged early voting and voting by mail as well as providing drop boxes where voters could deposit their ballots.
These new options were particularly helpful for minority voters, most of whom were blue-collar and did not have flexible work schedules. The drive-through polling stations and drop boxes were especially popular, since Houston is a huge, sprawling metropolis, and commutes can be time-consuming. These initiatives helped spur good turnout among voters despite the pandemic. From a civic-minded point of view, these new approaches were a great success.
However, the result did not please the state political establishment, since Joe Biden carried the large Texan cities.
Texas Voting Activist Marianela Acuña/Getty Images
Setting The “Gold Standard” for Voter Suppression
Many Republican lawmakers raised issues about alleged voting fraud in 2020, and several leading Texas politicians echoed Trump’s claims about a “stolen election”. In 2021, state legislators enacted Senate Bill 1 (“S.B.1”), which eliminated or imposed severe restrictions on the expanded voting options. The ostensible rationale for these measures was to protect “election integrity”.
However, no significant voting fraud has occurred in Texas in recent years. The goal, and the effect, of S.B.1 are to disenfranchise minority voters, particularly Latinos.
The new law created numerous impediments to voting, including
Banning drive-through voting
Creating barriers to early voting and voting by mail
Imposing new ID requirements especially for voting by mail
Limiting the number and hours of operation for drop-off boxes
Hindering the ability of voters with language barriers or disabilities to get help casting their ballots
Empowering partisan poll watchers at polling stations
Discouraging poll workers’ oversight of partisan poll watchers
The Eyes of Texas Are Upon You
The last two items are particularly troubling, since Texas has a long history of minority voters being intimidated. S.B.1 expands poll watchers’ right to move around and observe polling places, including the ballot transfer and tabulation process. Furthermore, the law makes it a crime for election workers to refuse to accept credentialed workers .
In addition, election workers cannot remove poll watchers for violating certain election laws, unless they have personally witnessed the conduct. So if a partisan poll watcher--perhaps wearing a gun in a state with “open carry” laws--threatens or intimidates Black or Latino voters and they complain to an election official, an election worker cannot take any action unless he or she sees the intimidation.
S.B. 1 had a very tangible, negative effect on the conduct of the 2022 primary election. According to the Brennan Center, 12% of mail-in ballots were rejected for failing to satisfy the new requirements. That was a 12-fold jump in the rejection rate compared to 2020. In some counties the initial rejection rate reached 40%. The rejection rate for minority voters was much higher than for whites.
Federal judges have nullified certain provisions in S.B. 1 that pertain to assisting voters and mail-in ballots, and litigation over the statute continues.
What Can You Do?
S. B. 1 has created a serious risk that Texas election vigilantes could intimidate voters or otherwise disrupt the election in November. If you live in Texas, you can volunteer to serve as a poll monitor. Get in touch with Common Cause Texas (www.commoncause.org/texas/our-work/expand-voting-rights-election-integrity/election-protection. )
You can also volunteer with Common Cause to contact voters who need information and support and to monitor social media, so you can report misinformation and disinformation about election issues. You can fill the last two roles on a remote basis; you do not have to live in Texas.
If you are a lawyer or a paralegal, you can volunteer for Election Protection (https://866ourvote.org/volunteer), which provides advice to citizens who want to register to vote or who may encounter problems when they try to vote. You can work from your office or home. EP provides training and materials on each state’s election laws and procedures. Election Protection operates under the auspices of the Lawyers’ Committee for Civil Rights Under Law, a civil rights organization with about 100 partners.
If you would prefer to donate, rather than volunteer, Mi Familia Vota is a national organization with a branch in Texas. Mi Familia Vota is committed to empowering the Latino community and helping Latinos to register and to vote. https://www.mifamiliavota.org/texas/
The Wall Street Democrat