Fascism Comes to Texas

Merriam-Webster dictionary defines fascism as: a political philosophy, movement, or regime that exalts nation and often race above the individual and that stands for a centralized autocratic government headed by a dictatorial leader, severe economic and social regimentation, and forcible suppression of opposition. 77 years ago today American troops, perhaps your father or uncle, or grandfather among them, were fighting fascist forces not far from the Normandy beaches where they’d landed June 6^th. Today we’re still fighting against fascism.

One of the tactics of fascists the world over is claiming that something or someone is to blame and getting people angry about it, usually it’s a lie. Here in the US fascists are trying to persuade Americans to support them is through claiming that the 2020 election was fraught with massive voter fraud causing the 2 time popular vote loser and reality TV star to lose the election, it’s nothing more than “The Big Lie”. Lt. Gov. Dan Patrick offered a $1 million reward and they still can’t provide proof of fraud 8 months later. A.G. Ken Paxton spent $1 million on staff salaries investigating voter fraud in the last year alone yet no one has been jailed. Those failures aren’t stopping them from taking actions to suppress voting rights under the guise of preventing that non-existent fraud. It’s all just Jim Crow 2.0.

Saturday morning the legislature held committee hearings on SB 1 and HB 3, both are highly complex, 40+ page bills which were only filed Thursday with over 200 other bills. Republicans are trying to give partisan poll watchers access to disrupt voting despite their notorious track record of intimidating voters of color. They’re also spreading fear to voters, election officials, and good samaritans to discourage their participation by further criminalizing Texas’s electoral process, targeting election officials in particular for minor mistakes. Republicans are gutting the ability of election officials to communicate with Texans about voting by mail. They’re making it substantially harder for Texans to access vote by mail applications and add new requirements for voter ID on a Vote by Mail ballot. Targeting voters with disabilities and forces those voters to disclose private medical information about one’s disability to access vote by mail.

The Republican written bills also eliminate pro voter policies that made voting safe and secure during the pandemic such as extended voting hours for shift workers and drive thru voting. The bills also authorize new lawsuits that can be brought by disgruntled losing candidates, in which a voter could be forced to disclose who they voted for - violating the very basic right to a private and secret ballot.

While the Republican authors have dropped provisions from the regular session that eliminated access to Souls to the Polls by restricting Sunday voting hours to the afternoon, a direct attack on traditional GOTV efforts in Black communities, that doesn’t mean they won’t try to add it back in the dark of night.

The courageous men who stormed the beaches at Normandy, fought through the bitter winter at the Battle of the Bulge, and marched into Germany and Italy to put an end to the fascist aggressors would be deeply disappointed if we roll over and let fascism take over the United States without even putting up a fight. Call Representative John Kuempel’s office, at 512-463-0602, and let him know what you think of these voter suppression bills HB 3 and SB 1.

Published in the Seguin Gazette - July 14, 2021

Texas' Senators Should Be Ashamed

Our two United States senators, John Cornyn and Ted Cruz, shamed themselves last week by voting against even discussing S1, known as the “For the People Act”. The legislation would insure that all states offer early voting for at least 15 consecutive days of early voting for federal elections. The bill also requires that early voting locations be near public transportation, in rural areas and open for at least 10 hours per day. In other words our senators voted against requiring other states to offer similar voting opportunities to what Texas offers.

S1 also requires states to permit voters to register on the day of a federal election, including during early voting, something Texas doesn’t offer but is available in 18 other states plus Washington, D.C. States that allow citizens to register to vote closer to Election Day have higher participation rates. In Texas, at 30 days before election day; we have one of the earliest deadlines in the country, that's the earliest allowed by the National Voter Registration Act.

The “For the People Act” declares the right of citizens to vote in federal elections will not be denied because of a criminal conviction unless a citizen is serving a felony sentence in a correctional facility. The bill requires states and the federal government to notify individuals convicted of state or federal felonies, respectively, of the restoration of their voting rights. Texas offers a variation of this but voting rights aren’t restored until probation etc. is completed. Florida didn’t even offer that until recently when a citizen initiative passed overwhelmingly to restore voting rights then Republicans in the state legislature over-ruled the vote of the people to make it much harder for former convicts to again be able to vote.

S1 requires states to use individual, durable, voter-verified paper ballots and that those ballots are counted by hand or an optical character recognition device. Texas has no standard requirements on recording votes so Guadalupe and Kerr counties purchased machines that comply with this standard but neighboring Comal County spent millions of dollars on machines that don’t use voter-verified paper ballots. Republicans often talk big on election integrity but don’t walk the walk.

S1 prohibits a state from imposing restrictions on an individual’s ability to vote by mail. Texas already restricts vote by mail to voters over 65 and the disabled, in the last legislative session they tried to add a requirement that mail ballot voters provide proof of disability such as a doctor’s note and they’ll probably try again next week when the special session starts as voter suppression is one of the topics Gov. Abbott has called the session to address. 7 states, including heavily Republican Utah, offer all mail voting and people really like it. California also offers it as an option and last year over 85% of presidential election voters there used mail ballots.

S1 ensures equitable and efficient operation of polling places, reducing long lines and wait times for voters. In many areas of the country Republican election officials cause long lines and multi-hour wait times in minority voting precincts by providing too few voting machines while having an abundance in largely white precincts. Cornyn and Cruz voted against addressing this problem.

Our form of government works best when more people participate and feel like their voices are heard. Republicans apparently prefer low voter turnout believing that increases their chances of winning. The shameful behavior of senators Cornyn and Cruz is in line with Republicans across the south and especially here in Texas. They don’t care if government works as long as they retain power.

Published in the Seguin Gazette - June 30, 2021

Voter Fraud Investigation is a Fraud

As reported in the Houston Chronicle; Texas Attorney General Ken Paxton’s “office spent nearly twice as much time working on voter fraud cases this year as it did in 2018 — logging more than 22,000 staff hours — yet resolved just 16 prosecutions, half as many as two years ago.” That’s according to records obtained from the agency by nonprofit government watchdog American Oversight.

Everyone prosecuted were Harris County residents who supplied false addresses when they registered to vote. Not a single one served even a day in jail. There were over 11 million votes cast in the presidential election here in Texas so Paxton’s teams found that .00000145% of them were cast by voters registered at the wrong address. If shoplifting and speeding had rates that low we’d hardly ever assign officers to those crimes.

Paxton considers the voter fraud a top priority of his office. Between January and October of 2020 assigned eight additional law enforcement sergeants in addition to the nine already assigned to the election integrity unit and doubled the number of prosecutors to four. Given the pay rates of the attorneys and experienced investigators assigned a conservative estimate is that Paxton spent $750,000 to investigate and prosecute a bunch of nobodies for very minor violations of election law.  That’s like the city assigning a sizable fraction of police officers to catch people speeding less than 5 miles an hour over the posted limit. There is plenty of more important work to be done with that kind of expenditure of Texas taxpayer money.

Like the previous occupant of the White House, Paxton and Gov. Abbott continue to claim that organized voter fraud is rampant and even with massive expenditures of investigative resources they’re unable to provide any proof. Even if Paxton is honest and competent, and I’d argue he’s neither, numerous academic studies and journalistic reviews have also failed to find evidence of widespread voter fraud. Even a wide-ranging investigation of election fraud conducted by the U.S. Justice Department under former Attorney General William Barr in the 2020 elections found no evidence of such fraud. Prior to his resignation Barr publicly admitted that investigators had “not seen fraud on a scale that could have effected a different outcome in the election.”

So to be clear, even the Republican attorney general who protected the former president from the Mueller investigation couldn’t gin up a shred of evidence for the big lie his boss and nearly every Republican in office today, except Liz Cheney and a handful of others, continue to extol and use as the excuse for making it harder for people to register to vote and cast their ballot.

If there is no organized voter fraud and elections aren’t being won with fraudulent votes then why is Gov. Abbott so upset that SB7, the omnibus election bill, failed to pass last month? He’s so upset he has threatened to veto the budget line that pays the salaries for the thousand staffers who work full time for our senators and representatives. Making government employees suffer because you don’t like the outcome of the legislative process is a whole new level of childish temper tantrum.

The real reason that Republican leaders like the former president, Gov. Abbott, Paxton and others claim widespread voter fraud is that it provides a fig leaf for their efforts to prevent the voters most likely to vote for Democrats from voting. They know that their policies aren’t popular and that they can’t win when more people vote so their strategy is simply don’t let them vote.

Published in the Seguin Gazette June 9, 2021

Texas Republicans Attempt Voter Suppression Again

When Governor Abbott designated “election integrity” an emergency item last month anyone who has paid attention to his rhetoric and that of the rest of the Republican Party knew it was a bad sign. Sure enough after weeks of rumors Senate Bill 7 was just introduced and it comes as no surprise that the 27 page bill contains a wide range of voter suppression and anti-democracy provisions.

SB 7 expands prosecutorial powers for the Attorney General over voter registration violations, whether intentional violations or accidental. Given Attorney General Ken Paxton’s predilection for using his office for purely political purposes; like trying to overturn the results of a presidential election, giving him expanded powers to prosecute voter registration mistakes is a profoundly bad idea.

The bill prohibits counties from proactively sending vote by mail applications which some counties did in the 2020 election cycle to encourage eligible voters to stay safe by voting by mail rather than risk infection from the coronavirus at a polling site.

SB 7 prohibits counties from operating early voting poll sites later than 7pm. Only a few counties offered later hours but it certainly helps people who work long hours to have an opportunity to vote.

The bill mandates anyone who wants to vote by mail because they are disabled must provide specific documentation. So now folks who already have a hard time getting along in life face another hurdle exercising their constitutional right to vote.

SB 7 requires that any person in the car with a voter who is voting curbside, including people who transported them there, shall officially be deemed an assistant under law who must sign the form documenting that they provided assistance. So if a disabled person takes a cab to the polls the cab driver must sign in as an assistant. How many cab drivers are going to find that acceptable?

Senate Bill 7 continues a pattern we’ve been seeing throughout the pandemic where county election workers do their best to find ways to let Texans vote safely and securely state officials do everything they can to stop them.

As Common Cause Texas Executive Director Anthony Gutierrez said recently “It’s already harder to vote in Texas than any other state and Senate Bill 7 would make it considerably harder.”

There is a reason we keep hearing so much talk from politicians in Texas about “election integrity”, without any basis in reality, it’s because they need to invent a justification for a bill that drastically limits voting rights. There is one and only one purpose to Senate Bill 7 and that is to help the politicians in charge stay in power. 

The real problem with elections in Texas that we should be addressing is too few people participating in our democratic process. We should be doing things like implementing online voter registration, improving civics education, and investing in our election infrastructure.

You have an opportunity to be a part of the process and stop this truly bad bill by contacting your state representative John Kuempel at (830) 379-8732 and depending on which part of the county you live in state senator Judith Zaffirini at (512) 463-0121 or Donna Campbell at (512) 463-0125. Both senators sit on the State Affairs committee to which SB7 is assigned.

David Whitley Attempts Voter Suppression

We in Guadalupe County should be thankful for Elections Administrator Lisa Adam and her staff who are handling the Secretary of State’s attempt to purge voters with dedication and professionalism. When Secretary of State David Whitley’s office decided to send lists of 95,000 registered voters that it hadn’t confirmed were citizens it was touted on social media as a “voter fraud alert”.

In Cameron County where the list contained 366 names not a single one was found to be a non-citizen. Travis and Harris Counties are still working their lists which number in the thousands but so far they’ve cleared more than half of the people on their lists. As of this morning the state has revised the list, reducing it by half.

This whole effort seems to be aimed at spreading anxiety in two ways; first to rev up the Republican base with claims of vast numbers of ineligible voters and second to suppress the votes of Latino voters to whom the majority of names on the state’s list belong.

Gov. Greg Abbott just nominated David Whitley to the Secretary of State post and that nomination is currently before a committee in the Texas Senate. Whitley is facing tough questions about his actions and his understanding of the concept of voter suppression.

Several groups that work on voter registration and empowerment have notified the Secretary Whitley that his office is in violation of the National Voter Registration Act of 1993 (NVRA) which sets out requirements with for the administration of voter registration and protects registered voters against wrongful removal from voter rolls in Section 8. The NVRA protects duly registered voters from improper removal by requiring states to “ensure that any eligible applicant is registered to vote” and mandating that, once the voter is on the rolls, the state “shall not remove” that voter except in a few limited circumstances: at the request of the registrant; by reason of criminal conviction or mental incapacity as provided by state law; or pursuant to a general program of voters list maintenance that makes a reasonable effort to remove voters who become ineligible due to death or a change in residence.

When anyone, including these naturalized citizens on the state's list submits a voter registration application they are require to sign under penalty of perjury affirming their U.S. citizenship. The guidelines sent with the advisory suggests removal from the voter rolls for anyone who can’t be readily matched to citizenship records unless they come forward and provide documentary proof of their citizenship. This violates the obligation on Texas under the NVRA to ensure that eligible applicants who submit valid registration forms are registered to vote and are removed only for one of the statutorily-specified reasons.

Failure to provide citizenship documentation is not one of the permissible grounds for removal of a duly registered voter. There’s no doubt that the state is permitted to remove non-citizens who have somehow become registered to vote, but the NVRA does not permit an overbroad program such as the one outlined in the Advisory that will inevitably sweep in significant numbers of eligible citizens due to the inadequacies of the Department of Public Safety’s database.

Numerous good government groups like the Common Cause Texas, of which I am chair, MOVE Texas Civic Fund, JOLT Initiative, the League of Women Voters of Texas, the ACLU of Texas, the Texas Civil Rights Project, and the NAACP of Texas have raised their voice regarding this attempted purge. Some are suing the Secretary of State, others are calling for his nomination to be denied.

Published in the Seguin Gazette - February 15, 2019

Why are they working so hard to suppress your vote if it doesn't matter?

As this is the week of the 242nd anniversary of the Declaration of Independence it seems appropriate to consider that document in the context of today. In particular I find a phrase from the preamble to be of import; “…Governments are instituted among Men, deriving their just powers from the consent of the governed…”. This is one of several concepts related to the founding of this nation which set it apart from most other countries of the time. Sadly the concept of consent of the governed is under attack today and has been for some years.

Texas and other Republican controlled states have been using a variety of methods to prevent voters from getting the governance they would choose. Racial and partisan gerrymandering have received much attention from the courts and had been getting attention of the Department of Justice until the Republican controlled Supreme Court overturned important parts of the Voting Rights Act. Rulings this term have both given hope and caused despair to those advocating for fair districts. In some states the Republican party only gets about 40% of the votes but controls 60% of the state legislature. In Texas 55% of the votes allows control of 65% of the seats.

Gerrymandering isn’t the only method used to prevent the people from getting the government of their choice. The passage of the 15th Amendment, which gave freed slaves the right to vote shortly after the Civil War, and which required the passage in 1965 of the Voting Rights Act to enforce is again being undermined by numerous states. Instead of using outright voter intimidation Republican controlled legislatures like that of Texas have passed draconian voter identification regulations. Republicans in Florida and Houston use control of elections departments to purge voter roles in ways that unfairly target minority and low income voters. A Supreme Court ruling a few years ago voiding parts of the Voting Rights Act has made it difficult to prevent such heavy handed attacks on the right to vote. Now with Republican control of the Department of Justice the federal government has gotten out of the business of even attempting to enforce voting rights.

The Republican Party of Texas 2018 platform specifically calls for the repeal of the Voting Rights Act. Conversely the Texas Democratic Party calls for restoration and aggressive enforcement of the Voting Rights Act.

What is consent if not choice? How can you give consent if your right to choose is suppressed?

It’s unfortunate that too many Texans don’t even bother to vote which just makes the job of those seeking to suppress their votes easier. It’s been said many times that Texas isn’t a Republican state it’s non-voting state. I will be the first to admit that Democrats aren’t all angels and that far too many have not lived up to their promises or the values of the party they claim. On the other hand that’s why we have elections and in fact why we have primaries. I believe that if everyone voted in primaries we’d get better Democrats in office when we do elect them. For that matter if more Republicans voted in their primaries we’d probably seen fewer extremist Republicans in office.

So I ask those who think their vote doesn’t matter or that elections aren’t important to their daily lives to consider this; if their votes aren’t important why are Republicans working so hard to prevent people like you from voting?

Published in the Seguin Gazette - July 6, 2018

Wealthy Use Law to Maintain Their Wealth

Anti-drug laws, voter suppression and gerrymandering, and tax policy are all used by the wealthiest among us to maintain a fractured society. It’s in their interest to keep us at each other’s throats so we don’t turn our attention to their hoarding of assets and work together to develop a more equal and just society.

Using wedges to keep people with common interests separated has been a trait of the wealthy here since colonial times when plantation owners noticed that indentured servants were fraternizing with and sometimes escaping with slaves or running off to live with the Indians. In order to stop losing their enslaved workers the planters developed programs for the indentured servants wherein they would receive what was essentially a large bonus at the end of their servitude, assuming they lived through it. In addition they were made the supervisors of the black slaves and given the privilege of beating and otherwise abusing them.

Anti-drug laws such as the prohibition against marijuana were created expressly to enable the arrest and prosecution of black members of society since at the time of inception it was preferred over liquor and beer due to being cheaper because they could grow their own. The use of anti-drug laws has continued to be used for control as explained by former Nixon domestic policy chief John Ehrlichman who was quoted in Harper’s magazine saying "The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people, you understand what I'm saying? We knew we couldn't make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin. And then criminalizing both heavily, we could disrupt those communities, we could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did."

Until the Voting Rights Act poll taxes and literacy tests were used to prevent “undesirables” so that the wealthy could continue to prosper at the expense of the lower classes. Now laws like Texas’ Voter ID bill seek to suppress the vote by only allowing forms of ID that tend to be held by wealthier white voters and not by poorer voters of color. Gerrymandering is used to prevent voters of color from electing officials who might be more sympathetic to their plight. Here again Texas is a prime example with a federal judge having found that the 2011 redistricting maps were intentionally discriminatory against voters of color.

Just look at Texas tax policy and the funding of public education. Lt. Gov. Dan Patrick claims that property taxes are too high and he wants to set a maximum that cities and school districts can charge. Ironically he’s been instrumental in reducing the share of public school funding provided by the state thus requiring school districts to raise property taxes in order to provide an adequate education. The way this hurts people of color is that their school districts generally have overall lower property values so even if they could afford to raise the tax rates they’d still have less money to spend on educating children in their districts. Most of us would be very angry if our tax deduction for mortgage interest went away so it won’t but the people who get the greatest advantage out of it are the very wealthiest who buy multi-million dollar homes.

Nearly 400 years later and the wealthy still lead us by the nose.

Published in the Seguin Gazette July 14, 2017