The Texas Voter Suppression Controversy: Unpacking the Controversial Proposal
By Dekan Obeidallah
Joe Biden raised alarm bells about a Texas legislative proposal on Saturday, labeling it "un-American" and an "attack on democracy." His concerns echoed those of many Democrats who argue that the measures would disproportionately impact Black and Brown Americans.
The Texas House Democrats staged a walkout on Sunday night, effectively blocking the passage of this contentious bill in the ongoing legislative session, preventing the Republicans from achieving a quorum. Governor Greg Abbott, however, vowed to call a special session to delve into matters like "election integrity," potentially providing more time for opponents of the bill to make their case.
However, it's essential to delve into the facts and understand that the Texas proposal has little to do with election integrity. Biden had already pointed out that the 2020 election in Texas, which Trump won by over 630,000 votes, was "smooth and secure," according to a high-ranking Texas election official. Abbott himself acknowledged during a March press conference that he hadn't witnessed any election fraud during the 2020 election.
In truth, this legislation proposal serves as an alarm bell for Republican leaders in Texas who witnessed close states like Georgia and Arizona swing for Biden in 2020. Fearful of losing power, they've championed far-reaching measures intended to limit voting times and make the voting process more difficult, particularly for those who traditionally support Democratic candidates. This could result in a greater suppression of votes from Black and Brown Americans, who predominantly voted for Democrats in the 2020 election.
Republican efforts in Texas to rush the proposal through a weekend vote, allowing only 24 hours for the amended bill to be reviewed, would effectively block an early Sunday amendment vote--with a start time at 1 PM. However, starting on weekdays at 6 AM is permitted. The reasoning behind these rules is obvious: Black and Latino voters in Texas organize nonpartisan "Souls to the Polls" events on Sundays following church, making early voting a particularly important time for these communities.
Moreover, the proposal from Texas Republicans includes a ban on 24-hour and drive-through voting, which would be enacted exclusively in Harris County, a Democratic stronghold that Biden won with 56% of the votes in 2020. Considering that the most common methods of voting in the county were at drive-in stations and during extended hours, it's easy to see why Black and Brown voters make up over half of those who used these services.
While the Texas Republicans insist that the proposed regulations are about election integrity, the truth is that they're laying the groundwork for a backup plan should the Democratic contender win, despite all the hurdles. In fact, Republicans proposed altering Texas law to make it easier for judges to overturn an election result, decreasing the required level of evidence from "conclusive and compelling" to "an overwhelming preponderance of the evidence," thereby making it easier to convict alleged voting fraud.
Above and beyond legal technicalities, Marc Elias, an elections law expert, succinctly summed up the Texas proposal on Twitter before the Republicans attempted to rush the vote, arguably turning Texas into "the state with the easiest way to flip an election campaign post-election." Similarly, a lawyer from the American Civil Liberties Union of Texas criticized the proposal and called it "an extension of the big lie" and "another erosion of the institutional strength of our democracy."
Stay up to date with the latest opinions, analyses, and discussions on social media. Visit us on Facebook/CNNOpinion and follow us on Twitter @CNNOpinion. We value your feedback and comments. While Republican leaders may claim that these initiatives will help them secure victory, that's not the real goal. Instead, they're targeting voting demographics that historically supported Democratic candidates to make the voting process more challenging. As of May 2021, 14 Republican-controlled states have enacted 22 new measures to restrict access to the ballot box, according to the Brennan Center for Justice.
Apart from the increased precautions and scrutiny required in the aftermath of the 2021 Capitol riots, the voter suppression efforts in Texas, along with those in other states, pose a threat to our democracy, given that these measures disproportionately impact communities of color. It seems that Republicans are no longer concerned about democracy—at least not in the traditional sense. This article has been updated to reflect the fact that Texas Democrats blocked the restrictive voting legislation on Sunday night.
Enrichment Data
The controversy surrounding the proposed voter suppression measures in Texas, as well as in other states, has garnered strong criticism due to several key concerns that advocacy groups and critics allege disproportionately impact Black and Brown Americans. These concerns are outlined below:
- Mail-In Ballot Restrictions:
- Harris County Example: In 2020, Harris County, Texas, attempted to mail out ballots to voters during the COVID-19 pandemic to avoid long lines at polling stations. However, Republican Attorney General Ken Paxton blocked this measure, citing concerns about potential election interference in Texas, particularly in Houston, which has a large Black population.
- ID Requirements: Texas’ requirement to add ID numbers to absentee ballots increased the rejection rate from 1% to 12%, disproportionately affecting voters of color who may not have the necessary documentation.
- Voter Purges and Challenges:
- Voter Roll Purges: The US Elections Assistance Commission reported that 4,776,706 voters were wrongly purged from voter rolls, disproportionately impacting Black and Brown Americans. An audit in Washington found that a Black voter was 400% more likely than a white voter to have their mail-in ballot rejected.
- Ballot Rejections: In Florida, Black in-person votes were rejected at a rate of 14.3%, or one in seven ballots cast. These rejections were not arbitrary and heavily impacted Democratic demographics.
- Voter Intimidation and Polling Station Closures:
- Bomb Threats: In Atlanta, bomb threats closed 31 polling stations on Election Day, contributing to voter intimidation and further limiting access to voting.
- New Voting Restrictions:
- Brennan Center Data: Since the 2020 election, at least 30 states have passed 78 restrictive laws aimed at blocking voting access. These measures include closing down drop boxes in Black-majority cities and allowing non-governmental "vote fraud vigilantes" to challenge hundreds of thousands of voters.
- SAVE Act and Similar Legislation:
- Documentation Requirements: The SAVE Act, proposed by Rep. Chip Roy (R-Texas), requires voters to present documentation in person when registering to vote or updating their registration information. This would eliminate vote-by-mail systems, end voter registration drives, and eliminate online voter registration, disproportionately affecting communities of color who lack ready access to citizenship documents.
- Historical Context and Racial Discrimination:
- Ku Klux Klan Tactics: The use of voter challenges by Republican operatives in Georgia, similar to techniques employed by the Ku Klux Klan in 1946, highlights the historical context of racial discrimination in voting rights.
- Systemic Inequalities: The rejection of new registrations and in-person votes as "spoiled" disproportionately affects Democratic demographics, including Black and Brown Americans. These rejections have been found to be overweighted against these groups, costing over a million votes.