Texas Tribune
Election chiefs on alert after judge orders rare redo
by By Natalia Contreras, Votebeat and The Texas Tribune, The Texas Tribune – 2024-05-23 05:00:00
SUMMARY: Following a close Harris County judicial race in 2022, Judge David Peeples ruled that election officials statewide must ensure strict adherence to procedures due to potential errors that could trigger challenges and disqualify votes in tight elections. The ruling stemmed from numerous issues with voter forms, such as incomplete or incorrect statements of residence and reasonable-impediment declarations. Election administrators across Texas now face increased pressure to train poll workers adequately to avoid such errors. The ruling, if upheld, could lead to more election result challenges, undermining voter confidence. There are ongoing efforts to improve training and reduce mistakes in future elections.
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A judge's decision to order a new election in a close Harris County race from 2022 is putting election officials statewide on notice: Any type of error — large or small — has the potential to trigger a challenge and disqualify votes if the margins are narrow enough.
Some of the problems that prompted the judge's order occur frequently around the state, especially in high-turnout elections, election officials told Votebeat. With the prospect of election outcomes being negated because of paperwork errors, they said, there's now added pressure to train election workers and strictly follow procedure.
“We have been stressing the importance of paperwork needing to be filled out properly,” said Trudy Hancock, elections administrator in Brazos County. “We emphasize to our workers how important this is, that we get public records requests and that we're already being questioned about why something wasn't done properly. We're telling our workers that people are looking at this.”
In the Harris County judicial race in question, the original margin of victory was 449 votes. Judge David Peeples ruled that there were enough questionable votes to put the true outcome in doubt.
Peeples, a visiting judge from Bexar County who had upheld Harris County election results against other challenges, found that more than a thousand votes in Harris should not have been counted because, in most cases, there were deficiencies with two types of forms that some voters have to fill out at the polls.
One is a statement of residence form, filled out by voters who tell election workers at polling places that they have moved. The other is a reasonable-impediment declaration form, filled out by voters who don't have proper identification and must explain why by listing an allowable reason.
In some cases, the voters filled out the forms with information that the judge found should have rendered them ineligible to vote. For example, the judge found that hundreds of voters wrote on the statement of residence form that they did not actually live in the county. Other forms were technically deficient because they were incomplete — in some cases entirely blank — or missing the signatures of the polling location supervisors, which are required.
Half a dozen election officials counties across the state told Votebeat that the problems with the forms are likely tied to insufficient poll worker training, which would be exacerbated by the loss of experienced poll workers. In almost every county, such problems loom especially large during midterm and presidential elections, when turnout is high.
“We need to make sure those forms are completed, that they're reviewed before the voter is processed, because that didn't happen in these cases,” said Bruce Sherbet, the elections administrator in Collin County.
Overturning an election is not unprecedented, but it's rare. Election law experts say they are aware of no other election outcome that has been overturned based on these types of mistakes. Some worry that if the judge's order is upheld, it could spur additional challenges to election results based on similar problems, especially in close races.
Joaquin Gonzalez, senior supervising attorney for the Voting Rights Program at the Texas Civil Rights Project, said that if paperwork lapses lead to more election contests and the overturning of results, it could undermine voters' certainty and confidence in the process.
“And for the voters who turned out to vote in that election once already, it's erasing their vote,” Gonzalez said.
The Harris County Clerk's office did not respond to questions about how it plans to prevent similar problems at the polls in the future.
A close race put a spotlight on the problem
The 2022 judicial race in Harris County, for the 180th District Court, pit Republican Tami Pierce against incumbent Democrat DaSean Jones. After her 449-vote loss, Pierce became one of 21 losing Republican candidates in Harris County who challenged the results of the 2022 general election there.
Peeples, who presided over all the cases, found that Harris County made errors, but he upheld the election results in nearly all of them, saying there wasn't enough evidence to merit a new election. Three of the candidates who challenged their results dropped their lawsuits before his ruling.
Pierce's case, however, had the narrowest margin. Peeples released his ruling on that case last week, following a two-day trial held in Harris County in April.
Peeples found that the true outcome of the race could not be determined, based on more than 1,000 votes that he said should not have been counted.
Those included 983 voters who were given a statement of residence form, which poll workers give to voters who confirm at check-in at the polls that they've moved from the address listed in their voter registration. Some of those voters wrote that they now lived outside of Harris County. Others wrote they lived in a city within the county but failed to write their county of residence, while others left the form blank. Peeples said in his ruling that it was “not lawful to approve” the incomplete forms, or the forms of out-of-county voters.
Peeples also found 445 incomplete reasonable-impediment declaration forms — used by voters to explain why they don't have an approved form of identification — that he said were not lawful. Peeple said those declarations lacked “a lawful reason for not having a photo ID; a lawful ID substitute and the election judge's signature.”
The two forms add to tasks for poll workers
The forms exist to deal with issues that come up as poll workers check voters in at the polling place.
During the check-in, election workers are supposed to verify that the voters' current address matches what's on file. If the voter says it's not, then they're asked if they still live in the county. If they do, they're asked to fill out the statement of residence form, which helps update their voter registration information later.
Those voters are legally permitted to vote a full ballot based on where they're registered to vote, which is their old address, Sherbet said.
Voters checking in at polls are also supposed to fill out that form if they are flagged as being on the “suspense” voter registration list. That's a list of voters whose registration certificates were returned to the voter registrar's office as undeliverable. The certificates are mailed out every two years.
To avoid being put on that list, voters should update their voter registration information when they move. But many voters cast a ballot only every two years — during midterm and presidential elections — and they don't always update their voter registration information promptly.
That leaves election judges and clerks at the polling site to deal with address discrepancies and review the forms. If it's a statement of residence form, poll workers have to be familiar with their county's geography and boundaries to ensure the addresses entered by the voter qualify them to vote in that polling location; they don't have access to an automated way to verify that. If the election worker is reviewing a reasonable-impediment form, they also have to be versed on what's required by law.
Poll workers on Election Day already handle many other prescribed tasks as well as unexpected issues, such as troubleshooting equipment. In Harris County, the third largest county in the nation, election workers are processing thousands of voters at some busy locations.
Harris County's 2022 election was troubled in several respects. Less than three months before the election, the county hired a new elections director from out of state. Some polling locations had ballot paper shortages, malfunctioning equipment, and late openings that led to long wait times.
In a hectic environment, it is not unusual for things to get overlooked and for some of the issues Peeples pointed out in his ruling to fall through the cracks, Sherbet said.
“There's no way to avoid this kind of thing,” Sherbet said. “And Harris is such a huge county, and so you're going to have these kinds of situations occur in every election. Also because you have human beings that are handling this process and they make mistakes, and voters make mistakes.”
Election administrators move to tighten up training and ward off problems
Some election administrators, whose offices have been inundated with election-related litigation and requests for recounts, say they are concerned Peeples' order could trigger even more litigation in the coming months.
They have worked for years to improve their training materials to ensure poll workers are fully versed in everything the law requires from them.
Days after the order was released, some election officials were thinking about how to prevent similar problems in future elections.
John Oldham, the elections administrator in Fort Bend County, said he plans to keep excerpts of the ruling handy to “give it to our election workers when we do trainings and tell them, ‘Here's what we shouldn't see in a statement of residence form,' and to make sure those forms come back to us completed,” he said.
But problems could persist, no matter how well election workers are trained.
“We're depending on someone else doing what you've trained them to do,” said Jennifer Doinoff, the Hays County elections administrator.
Doinoff and others across the state have struggled to recruit new election workers and to retain the experienced ones. In some instances, less experienced workers are filling in for someone who doesn't show up to work their shift. And as laws continue to change, some of the election processes could be tough to navigate even for experienced poll workers.
“We're putting a lot on our poll workers to try to figure out how somebody should be voting. And that, to me, that is the biggest part of this,” she said. “I think we need a definitive law that says, ‘This is how this is going to happen,' and there's not going to be any second-guessing from the poll worker or the judges about how somebody should be voting.”
Natalia Contreras covers election administration and voting access for Votebeat in partnership with the Texas Tribune. Natalia is based in Corpus Christi. Contact her at ncontreras@votebeat.org
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The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
Texas Tribune
Former Southern Baptist leader Paul Pressler dead at 94
by By Robert Downen, The Texas Tribune – 2024-06-15 18:40:13
SUMMARY: Paul Pressler, a prominent Southern Baptist leader and Republican activist, passed away on June 7 at 94. Pressler played a key role in the Southern Baptist Convention's conservative resurgence, opposing homosexuality and aligning with the Republican Party. He faced numerous sexual abuse allegations, resulting in a confidential lawsuit settlement six months before his death. Pressler's contributions included influencing GOP politics, notably supporting figures like Ted Cruz. Despite his significant impact, his death received muted attention. Pressler's legacy was marred by the scandal that contributed to a broader investigation and reforms within the Southern Baptist Convention regarding sex abuse.
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Paul Pressler, the monumental Southern Baptist leader and Republican activist at the center of a massive sex abuse scandal, died on June 7. He was 94.
It's unclear what Pressler's cause of death was, but a funeral service was held for him Saturday in Houston. Pressler was one of the most influential, if lesser-known, evangelical figures of the last half-century, having co-led a movement in the Southern Baptist Convention that pushed the nation's second-largest faith group to adopt literal interpretations of the Bible, strongly condemn homosexuality and more closely align with the Republican Party.
His death came barely six months after he confidentially settled a high-profile lawsuit with a former member of his youth group who accused him of decades of rape. As part of the suit, at least six other men came forward alleging that they were abused or solicited for sex by Pressler in a string of incidents dating from 1978 to 2016. Pressler denied the allegations and was never criminally charged.
Monumental as Pressler's legacy was, his death was largely kept quiet until Saturday, when a Baptist outlet first reported on the memorial service. Last week, the Southern Baptist Convention held its annual meeting, and it does not appear that any leaders made any remarks about his passing.
Herman Paul Pressler III was born in Houston in 1930 and attended New Jersey's exclusive Phillips Exeter Academy before attending Princeton University. After graduating from Princeton in 1952, he attended the University of Texas at Austin's law school and, as a 27-year-old student, was elected to represent a Houston-based district in the Texas House. He was later appointed by Texas Gov. Dolph Briscoe to a powerful seat on Texas' 14th Court of Appeals, where he served for 14 years.
While on the bench, Pressler helped plot and lead the SBC's “conservative resurgence,” a 20-year power struggle in which Pressler and his allies drove more moderate Baptists from the denomination, successfully pushed for bans on female pastors and solidified white evangelical support for the Republican Party.
Pressler was also an early member of the Council For National Policy, a secretive network of powerful business, religious and media elites that has pushed the GOP toward deregulation and to further infuse their conservative Christian views into public life. In 1989, Pressler was nominated to lead the Office of Government Ethics under President George H.W. Bush, though his nomination was later withdrawn.
From 2000 and onward — and with the battle for the SBC won — Pressler increasingly focused on Republican Party politics. In 2007, Louisiana College announced its plans for the Judge Paul Pressler School of Law, though the school never opened due to funding and accreditation issues. The school's trustee board included Family Research Council leader Tony Perkins and David Barton, the Texas activist who has for years claimed that church-state separation is a “myth.” The school's dean was Mike Johnson, who was later elected speaker of the U.S. House.
In 2012, as U.S. Sen. Mitt Romney, a Mormon, led in the GOP presidential primary, Pressler gathered some of the nation's most powerful Christians at his West Texas ranch, rallying them over two days to back fellow evangelical Rick Santorum. In 2013, the Texas House honored his service to the conservative, Christian cause in a resolution that was presented on the chamber's floor. A year later, Pressler served on the advisory team for incoming Texas Attorney General Ken Paxton. And Pressler was an early and key endorser of Ted Cruz in his Senate campaign and as he ran for president in 2015.
As Pressler continued to wield political influence, he also allegedly raped, groped or solicited at least six men, including one who says he was 14 when he was first sexually abused while a member of Pressler's youth group. Those allegations were outlined in a 2017 lawsuit that also accused prominent Southern Baptist leaders and churches of concealing or enabling Pressler's behavior, which they deny.
The lawsuit was the impetus for a major 2019 investigation by the Houston Chronicle and San Antonio Express-News that found more than 400 Southern Baptist church leaders or volunteers had been charged with sex crimes since 2000. The series prompted reforms in the SBC, as well as an ongoing Department of Justice investigation into the denomination's handling of sex abuse complaints.
Pressler was a member of Houston's First or Second Baptist churches for nearly all of his adult life.
Disclosure: The University of Texas at Austin has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.
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Texas Tribune
Texas STAAR test: Student math and science scores plummet
by By Sneha Dey, The Texas Tribune – 2024-06-14 12:47:49
SUMMARY: State testing data reveals significant declines in Texas students' math and science scores post-pandemic. Only 26% of fifth graders met science standards, a 21-point drop since 2019. Math scores also fell, with 41% of students demonstrating adequate understanding. The data underscores COVID-19's severe impact on learning, with concerns about lasting workforce implications. Texas Education Commissioner Mike Morath noted that disruptions have hindered students' math proficiency. However, bilingual students showed notable gains, surpassing pre-pandemic levels in reading and social studies. The story is developing, with upcoming appearances by political figures at The Texas Tribune Festival in Austin.
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State testing data released Friday shows students' math and science scores slipped as they continue to struggle to catch up after the pandemic.
Texas elementary students who took the State of Texas Assessments of Academic Readiness exam this spring saw striking drops in their understanding of science. Only 26% of fifth graders met science grade-level standards this year, a steep decline of 21 percentage points from 2019.
In math, Texas students lost ground after two years of modest post-pandemic gains. About 41% of students demonstrated an adequate understanding of math on their tests, with declines across grades compared to last year.
The results further illustrate the toll the COVID-19 pandemic exacted on student learning and the long road toward recovery still ahead. Education experts worry the disruption in learning could have long-lasting impacts on how students fare in the workforce.
“It's clear that math performance is not where students need it to be for success after graduation,” said Texas Education Commissioner Mike Morath. “Pandemic-induced disruptions to learning exacerbated students' difficulties in mastering fundamental math concepts.”
Elementary and middle school students from third through eighth grade are required to take the STAAR test in math and reading. In addition, fifth-graders are tested in science and eighth-graders in science and social studies.
A bright spot in the STAAR test data was the gains bilingual students have made, though their scores still lag behind the rest of the state. They've surpassed pre-pandemic levels in reading and social studies by 12 and 6 percentage points, respectively. Bilingual students have narrowed the gap between their pre- and post-pandemic performance in math and science, compared to their peers.
This is a developing story; check back for details.
Just in: Former U.S. Rep. Liz Cheney, R-Wyoming; U.S. Sen. Jon Fetterman, D-Pennsylvania; and Oklahoma Gov. Kevin Stitt will take the stage at The Texas Tribune Festival, Sept. 5–7 in downtown Austin. Buy tickets today!
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Austin gun shop owner wins fight to overturn bump stock ban
by By Dante Motley, The Texas Tribune – 2024-06-14 11:20:58
SUMMARY: An Austin gun shop owner, Michael Cargill, won a Supreme Court case overturning a federal ban on bump stocks. The court's 6-3 decision ruled that the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) wrongly classified bump stocks as machine guns under legislation banning such weapons. Bump stocks enable semi-automatic rifles to fire rapidly. Cargill's case, supported by the New Civil Liberties Alliance, argued that ATF overstepped its authority. Justice Clarence Thomas stated that bump stocks do not make a semi-automatic rifle a machine gun. Justice Sonia Sotomayor dissented, asserting bump stocks fit the machine gun definition.
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An Austin gun shop owner succeeded Friday on a years-long quest to overturn a federal ban on bump stocks, winning a 6-3 victory from the U.S. Supreme Court.
Bump stocks are devices that allow semi-automatic rifles to fire hundreds of rounds in a minute. The court ruled the federal Bureau of Alcohol, Tobacco, Firearms and Explosives can not include bump stocks under legislation banning machine guns. The overturned ATF rule required owners of bump stocks to either destroy them or surrender them to the ATF to avoid criminal prosecution.
The case was filed by Michael Cargill, the owner of Central Texas Gun Works and an outspoken proponent of gun rights in Texas, after he surrendered two bump stocks to the ATF. He argued that ATF incorrectly identified bump stocks as machine guns, and overstepped its power in banning them. He brought the case with the support of the advocacy group the New Civil Liberties Alliance.
The almost 100-year-old law banning machine guns defines the weapon as “any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger.” The ATF began including bump stocks under the definition of “machinegun” during the Trump administration in response to the deadly mass shooting on the Las Vegas Strip in 2017.
“We hold that a semiautomatic rifle equipped with a bump stock is not a ‘machinegun' because it cannot fire more than one shot ‘by a single function of the trigger,'” wrote Clarence Thomas in the majority opinion. “And, even if it could, it would not do so ‘automatically.'”
This case does not directly address the Second Amendment but rather the limits of executive agencies' authority.
In an X.com video, Cargill expressed hope that this ruling would prevent the ATF from banning other gun accessories like braces and triggers.
Justice Sonia Sotomayor, in a dissenting opinion joined by Justices Elena Kagan and Ketanji Brown Jackson, disagreed with the majority's interpretation. She wrote, “When I see a bird that walks like a duck, swims like a duck, and quacks like a duck, I call that bird a duck.”
She argued that a bump-stock-equipped semiautomatic rifle fits the definition of a machine gun because it fires “automatically more than one shot, without manual reloading, by a single function of the trigger.”
As debates over gun control and Second Amendment rights continue, this ruling underscores the ongoing tension between legislative intent and regulatory authority.
Just in: Former U.S. Rep. Liz Cheney, R-Wyoming; U.S. Sen. Jon Fetterman, D-Pennsylvania; and Oklahoma Gov. Kevin Stitt will take the stage at The Texas Tribune Festival, Sept. 5–7 in downtown Austin. Buy tickets today!
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The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
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