Texas Dems, celebrate killing election bill while you can. It could come back worse

Lt. Gov. Dan Patrick almost had it right when he blamed House GOP leaders for giving Democrats an opportunity to walk out and kill the elections bill that’s been so divisive.

But the real reason it happened is that Republicans negotiating the final version of the bill sprung several surprise provisions at the last minute, including a noxious section that would make it easier for judges to overturn election results. House Democrats were out of options, so they pulled an extraordinary move to stop a Republican voting-procedure bill. They left.

Now, they and the rest of us wait to find out what the costs may be. Republicans will have legislative overtime to finally agree on the measure, and they could revive some of its worst provisions, along with other divisive bills that didn’t make the cut.

The “election security”/“voter suppression” measure was never as bad as its critics contend. But neither is it necessary to tackle fraud that apparently only some Republicans can see. And for a while, it looked like there would be compromises on some of the worst provisions, most importantly one that would have forced Tarrant County to place fewer voting machines in areas with high Black and Hispanic populations.

But when the final version was presented to lawmakers, it had items that neither the House nor the Senate had considered. One would lower the bar for a judge to order a new election because of alleged fraud. Another that seemed particularly partisan and gratuitous would restrict early voting on Sundays to a window of 1-9 p.m.

That can only be read as an effort to curtail the “souls to the polls” events in which organizations take Black churches to vote early after morning services. GOP legislators now say it was a mistake in the bill’s drafting — even though some had defended it without catching the alleged typo.

SPECIAL SESSION INEVITABLE

The Legislature was always headed for at least one special session: Political districts around the state must be redrawn, but the required U.S. Census data has been delayed. Top GOP leaders have squabbled in recent days over whether to include other measures that didn’t make the cut.

Patrick, for instance, wants another shot at bills to curtail cities and counties from sending paid lobbyists to the Capitol, prevent young transgender athletes from competing in events aligning with their gender identity and restrict social media companies from censoring users based on political views. Gov. Greg Abbott made clear that he alone sets the agenda.

But when the voting bill melted down, Abbott couldn’t play coy about whether he’d bring lawmakers back to address an issue he had ridiculously declared a legislative “emergency.” Now, he’ll be under pressure from hard-line conservatives to give Republicans another shot at these measures and perhaps more.

Texas Democrats have drawn attention and sympathy for their cause, but the rhetoric has already spun out of control. No reasonable person thinks that standardizing early voting hours and preventing drive-through balloting amount to a return to the Jim Crow era, when Black Americans were systematically oppressed through violence. With two weeks of in-person early voting and automatic mail-ballot eligibility for seniors, most voters have ample options.

LAWMAKERS VS. LOCAL CONTROL

The legislation seeks to stop several tactics that elections officials, particularly in Harris County, used to address the challenges of the coronavirus pandemic. Clarity from the Legislature on what’s allowed and what’s not would be useful.

Most of the bill, though, is futile. It adds layers of complication to prevent fraud that no one can find in any appreciable measure. It takes away sensible options from the county elected officials and administrators who know best what their voters need.

Why, for instance, should Tarrant County voters care if Harris County has 24-hour early voting, as long as the same rules of ballot eligibility and access are observed?

Democrats’ best bet might be that Republicans can’t seem to agree on what they want in the bill. Even with a fresh 30-day clock in a special session, can they reach a deal and get it done before legislative deadlines again give Democrats an advantage?

We’d rather they left it alone. Clarify rules and tighten up security on mail ballots if you must, GOP leaders. But abandon this dangerous idea of making it easier to overturn an election.

And don’t tell Tarrant County leaders how many voting machines they must place and where. That’s the kind of distant detailed meddling you constantly decry when it comes from Washington.