Republicans in Texas are obsessed with voter fraud. Trump won the state in 2020, as did the Republican Governor, Lieutenant Governor, Attorney General, and other statewide offices. Apparently Republican legislators think it’s suspicious that Democratic candidates won any votes at all. So they are launching a fusillade of bills to make it harder to vote.
Michael Hardy of The Texas Monthly reports:
For decades, Texas has maintained one of the worst voter-turnout rates in the country. Less than 61 percent of eligible Texans voted in the 2020 presidential election, placing us forty-third out of fifty states. (In Minnesota, the highest-turnout state, nearly 80 percent of eligible voters participated.) In November, 42.5 percent of eligible Texans cast ballots in the midterm election, placing us thirty-ninth in the nation. Embarrassed by these dismal figures, Texas political leaders will spend the Eighty-eighth Legislature passing laws to encourage more participation in the democratic process.
Just kidding! Instead of removing obstacles to voting, Republican legislators are introducing a slew of new bills that could disrupt elections and further depress turnout. GOP lawmakers say the bills are designed to prevent fraud and ensure election integrity. But several of the proposals—such as a bill by Republican representative Bryan Slaton, of Royse City, that would shorten the early-voting period from two weeks to one week—have no obvious rationale other than to make voting less convenient. (Slaton did not respond to an interview request.) Indeed, this and many other bills seem to proceed from the assumption that too many Texans are taking advantage of their constitutional right to select their leaders. Narrowing the franchise has long been a national Republican priority, although politicians are seldom as explicit as former president Donald Trump, who warned that 2020 voting reforms proposed by congressional Democrats would lead to “levels of voting that if you’d ever agreed to it, you’d never have a Republican elected in this country again.”
Trump’s concern was probably unfounded. There’s no consensus among political scientists on whether higher turnout benefits one party over another. Indeed, rising turnout in recent Texas elections has simply led to more Republican victories. The Texas GOP, it would appear, has little to fear from more election participation. But that doesn’t seem to have dampened the party’s enthusiasm for making it harder to vote. On the contrary: fueled by Trump’s false claims of a stolen election, Texas Republicans have become obsessed with the specter of voter fraud. Attorney General Ken Paxton has spent at least $2.2 million on an Ahab-like quest to find incidents of voter fraud. Between January 2020 and September 2022, he opened nearly four hundred investigations into potential election crimes yet secured only five election-related convictions.
In 2021, Governor Greg Abbott signed Senate Bill 1, a far-reaching “election integrity and security” package, into law. The measure prohibited 24-hour voting and drive-through voting, pandemic-inspired innovations in Harris County that drove up turnout in 2020. It also imposed confusing new vote-by-mail requirements, including forcing each voter to write the ID number with which they registered to vote—either their driver’s license number or the last four digits of their Social Security number—on the ballot. (If they forgot which ID they used to register and picked the wrong one, they were out of luck.) Failure to meet the new requirements led to an unprecedented 12 percent of mail-in ballots being rejected in last year’s primary. (The rejection rate fell for the general election, as Texas voters learned to include both their driver’s license and Social Security numbers.) The bill, Abbott proclaimed in 2021, would “make it easier to vote and harder to cheat.” The same year, Texas secretary of state John Scott launched a “full forensic audit” of the 2020 presidential election in four large Texas counties. The audit, which wrapped up in December 2022, found significant administrative dysfunction in Harris County, but no evidence of widespread voter fraud. Scott, who resigned in December after a little more than a year on the job, has urged “Stop the Steal” activists to accept President Biden’s victory in 2020, blaming their concerns on “a lack of information.”
But as noted philosopher Donald Rumsfeld liked to say, absence of evidence is not evidence of absence. Just as Saddam Hussein’s possession of weapons of mass destruction was an article of faith in the Bush White House, the existence of widespread election fraud has become an article of faith for many in the Texas GOP. To cite just one example, Republican representative Steve Toth, of the Woodlands, author of a bill requiring unique electronic codes for absentee ballots, has accused Democrats of using paper ballots to commit voter fraud and defended MyPillow CEO Mike Lindell’s crusade to prove that the 2020 presidential election was stolen. At its summer convention, the Texas GOP adopted a platform calling President Joe Biden’s victory illegitimate and urging politicians to focus on “election integrity.” To this end, Republican lawmakers have filed more than a dozen bills designed to root out supposed electoral chicanery. To be sure, Democrats have filed plenty of their own election bills, most of them intended to encourage voter registration and make it easier to cast a ballot. But with Republicans controlling the House, Senate, and Governor’s Mansion, there is little chance of the Democratic bills becoming law. Nor will every Republican-authored bill ultimately pass.
With those caveats out of the way, here’s a preview of the major voting bills filed so far in the Eighty-eighth Legislature.
Authors: Representatives David Spiller (R-Jacksboro) and Cole Hefner (R-Mount Pleasant) / Senator Bryan Hughes (R-Mineola)
Purpose: Increases penalty for voter fraud from a Class A misdemeanor to a felony.
Background: In 2021, Governor Abbott signed SB 1, the controversial voting bill that Democrats attempted to block by fleeing to Washington, D.C. The bill eventually passed, but not before a conference committee added a provision lowering the offense of voting illegally from a second-degree felony to a Class A misdemeanor. Less than a month later, after receiving blowback from fellow Republicans, Abbott called on lawmakers to make voter fraud a felony again. These bills answer his call. Class A misdemeanors are punishable by up to a year in jail, while a second-degree felony is punishable by up to twenty years in prison.
Author: Representative Bryan Slaton (R-Royse City)
Purpose: Requires district attorneys, under penalty of removal from office, to enforce state election laws.
Background: Republicans have accused the Democratic district attorneys in large cities such as Dallas and Austin of failing to pursue election fraud with sufficient vigor. Attorney General Ken Paxton has sought to prosecute election cases himself, but in September, the Texas Court of Criminal Appeals ruled that he must receive permission from local prosecutors to pursue such cases.
Author: Representative Steve Toth (R-The Woodlands)
Purpose: Requires each absentee ballot to include a unique electronic code to verify its authenticity.
Background: For years, right-wing activists have claimed that voting by mail is uniquely vulnerable to election fraud. Former president Trump urged his supporters to vote in person, and he cast efforts to encourage voting by mail during the COVID-19 pandemic as a way for Democrats to steal the election. This bill appears designed to prevent voters from photocopying absentee ballots—a phenomenon for which there is no evidence.
Authors: Representative Valoree Swanson (R-Spring) / Senator Paul Bettencourt (R-Houston)
Purpose: Establishes a cadre of “election marshals”—law enforcement officers appointed by the Secretary of State to investigate election fraud. Calls for regional task forces of judges to adjudicate allegations of election fraud on and before Election Day.
Background: This bill is one of numerous GOP proposals in the current Legislature inspired by Florida governor Ron DeSantis. In this case, the new office of election marshal appears modeled after Florida’s Office of Election Crimes and Security, which has charged 20 Floridians (out of 11 million voters in 2020) with voting illegally since it was established last year. The Texas bill prohibits judges from overseeing election challenges in their own counties, apparently under the assumption that these judges would be biased against the candidates challenging the election.
Open the link and read about more bills that are supposedly necessary to protect “election integrity” but whose actual result will suppress the vote by confusing voters and making the process of voting more complicated than at present.
Diane Ravitch's blog 