Let’s start with the simple fact that a series of investigations from Republican-controlled legislatures in Texas have found no meaningful voter fraud that involved lack of voter ID, drive-thru voting, Sunday voting, 24-hour voting, missing/mismatching signatures, etc. They did find one area of concern, but I will address that later on.
Yet, with verifiable proof that there is no measurable problem at hand, GOP legislatures rammed these measures through, even as the populations they governed disagreed with the new laws. Absent any real excuse or reason for the more stringent laws, GOP legislators had to revert to the excuse that their voters needed to feel more secure. So, we are now passing laws based stritly on “feelings.”
But, that aside, let’s look at where, in my view, it crosses into voter suppression.
Let’s start with the attempt to kill voting on Sunday. That was so thinly disguised that even Republicans had to pull it back. In this case, the majority of Republicans couldn’t even see the fig leaf of “voting integrity” the legislators had tried to pin on that proposal.
The fig leaf had completely fallen off. Here’s the problem with fig leafs. Everyone really does know what’s under the fig leaf. In this case, we all understand the intent behind the proposal.
This was a blatant attempt to stop Blacks from organizing and using Sunday religious services to organize people and get them to vote. This was targeted strictly at Blacks. It was meant to cut one very effective way to organize and get Blacks to the voting booth. It was meant to suppress Black voters
This was just one of an entire package of “voting security” measures. It informs the rest of what the legislature did. The state and the counties have every right to change hours, locations, and the manner of how they run elections. It is within the rights of the state and counties to make changes as they see fit. As in all things the state and counties do, or really in any laws the state puts in place, the intent is as important as the action itself.
Banning Sunday voting would apply to all persons, so the legislature can legitimately say that it does not specifically mention Blacks (the fig leaf). On the face of it, it is not discriminatory. Still, we know that it was targeted specifically to Blacks. That was the intent, and that is what made it such an affront to democracy. One could say the same thing about a poll tax. It affected everyone, but we know that it was often implemented as part of Jim Crow laws. The effort to ban Sunday voting was in the same vein.
In that sense, determining whether a law is good or bad is like determining whether a particular act is sinful. It is not strictly the action that we have to examine. We have to examine the reason behind the action and who it is meant to impact. For example, if I physically bump into you on the sidewalk and knock you down, is that a sin? That depends on my intent. If it was an accident and I didn’t see you, then it isn’t a sin. However, if I saw you and purposely knocked you down, then that is a sin. Same action, but different intents.
I know voter ID is already law. I’m not trying to litigate it, but it provides an example of how voter suppression works. In the case of voter ID requirements that were passed in Texas several years ago (again, remember, there was no problem here), the people behind the proposal had already calculated the approximate number of people who would be adversely affected, being mostly Democratic, minority voters.
For example, minority voters disproportionately lack ID. Nationally, up to 25% of African-American citizens of voting age lack government-issued photo ID, compared to only 8% of whites. The people behind these measures knew these stats. Knowing that voter ID fraud was a non-existent problem while negatively impacting minority voters if they implemented these laws, they went ahead and did it.
Was the intent to eliminate voter fraud? No. You cannot eliminate what does not exist. Can you secure the election or make it “more securer?” It was already secure. In fact, it had prevented large scale voter fraud. They knew that. So, if that was not the intent, what was the intent? No matter how you spin the need for such a law, the intent and result was to reduce the number of minority voters. It impacted one or two election cycles and maybe now be negligible. Still, the intent was there.
I do not have enough time or space to go through all of the issues, so I’ll touch on drive-thru voting. Again, there was no voter fraud even alleged in connection to drive-thru voting. Texas already has a form of drive-thru voting. It’s called curb-side voting. It is available to people who cannot walk into the voting place. They drive up to the curb and call for a poll worker. The judge verifies the voter and then takes a ballot for the voter to fill out. The process is the same as any other voter except it’s done outside or in the car under the supervision of election workers. Drive-thru voting functions exactly same way, except with more voters. But, it was drive-thru voting that drew Republican ire, despite no proof or allegation of voter fraud. The drive-thru and curbside voting are essentially the same. There is no significant difference between the two activities.
It really was just one county, Harris County, that drew Republican ire. When you look below the surface, you start to see where the intent comes in. What’s special about Harris County? It’s a Democratic county with a population of almost 45% Hispanics. In a tight election, which will eventually happen, reducing the votes of opponents in the largest county in the state will make the difference. Again, absent any real issue to solve, what was the intent? One would have to ask if there would have been such a response from the Republican legislature if a GOP-controlled county had instituted drive-thru voting. One has to be honest about that. They might have tisk-tisked at those officials but likely would not have taken any action. Would they have rushed to reduce the vote in a large Republican-controlled county? The truly honest answer is no.
Redistricting, really gerrymandering, is another area of voter suppression. By packing minority voters into as few districts a possible, it suppresses their ability to express their self-determination. Let’s look at some numbers.
Detail | Whites | Hispanics |
% of Population in 2010 | 45% | 37% |
% of Population in 2020 | 42% | 40% |
# of Tx’s 150 House Seats 2010 | 83 | 33 |
# of Tx’s 150 House Seats 2020 | 89 | 30 |
# of Tx’s 36 Cong. Seats 2010 | 22 | 8 |
# of Tx’s 36 Cong. Seats 2020 | 23 | 7 |
# of seats on SBOE in 2010 | 10 | 3 |
# of seats on SBOE in 2020 | 10 | 3 |
The key point here is that, while the Hispanic population grew (most of the state’s growth and the gain of two additional Congressional seats was due to the Hispanic population), the Republican legislature punished Hispanics by reducing the number of Hispanic-dominant districts in the US Congress and in the Texas House of Representatives.
Is this something that we as Texans can be proud of?
Does this represent the ideals of the founding of this country or this state?
Let me pose a question. If, at some point in the future, the percent of Whites and Hispanics were reversed (Hispanics were 42% of the population and Whites were 40%) and the representation in Congress, the state House of Representatives and the SBOE (State Board of Education) were as starkly disparate as they are now, would Republicans be as accepting as they are of the current arrangement? The truly honest answer is no. They would vehemently fight it as unTexan and unconstitutional.
And, they would be correct.
Finally, let me get to the one area where repeated Texas legislative committees have identified as being rife with voter fraud: mail-in ballot harvesting. Though both parties use it, the GOP has been particularly effective at it. Though warned numerous times, the GOP-controlled legislatures have repeatedly failed to address it. It wasn’t’ until this most recent session that the legislature made some cosmetic changes. It is reported that several Texas GOP operatives fought any significant changes because they knew it would hurt their changes to be able to keep harvesting votes from mail-in voters.
But, now, we are seeing the folly of their suppression efforts. The minimalist action on mail in voting has resulted in an unprecedented number of mail in ballot requests being rejected because of the ill-thought signature and verification requirements. Travis County reported that it had to reject more than 50% of the applications while Harris County reported that they have rejected as many as seven times than before.
Now, those warnings from the GOP operatives seem prescient, and it is coming to bite them in a very painful way. If this problem continues, it will significantly the GOP’s ability to harvest votes. What will the Republicans do? Gov. Abbott may seek some executive action to try to undo the new law. He may also call a special session, under some other pretext, and then make changes to allow them to keep harvesting votes. If anything like that happens, then we know what their intention have been all along.
So, it would appear that voting integrity is important only so long as it benefits the ruling party or hurts others. Given that, one again has to question the intent behind the other laws. When faced with an obvious and serious issue of election fraud, choosing to ignore it lays bare the falseness of the claim of voting integrity. The fig leafs fall.
In the end, one has to look at these issues with a finer lens. There is a question I sometimes ask people. It tells me a lot about that person.
What do you consider to be worse?
A) To have a guilty person get away with a crime?
or
B) To have an innocent person wrongly convicted of a crime?
Because no system if perfect, we have to accept certain inconsistencies.
In this case, the question would be:
What do you consider to be worse?
- To have someone vote illegally?
Or
- To have one legal voter deterred from voting?
I think Republicans have clearly decided that A is worse.
Either we are building barriers around the voting booth, or we are opening doors.
All of the Texas legislature’s actions have to be filtered through their desire to please Trump. They had to follow the Great Lie of massive voter fraud. There being no voter fraud where they pointed to but ignoring where there is, they manufactured the need to “strengthen voting security.” Without the force of evidence and justification for their actions, then their intent is rightly questioned.
Should laws ever be passed without legitimate force of justification?
As a state and nation, is that the proper way to govern?
What, in fact, is our intent in governing in such a manner?