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August 18, 2023

Federal judge junks chunk of 2021's controversial Texas election reform bill

Plus: Texas school districts face a $2.3 billion special education shortfall

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Texas Take with Jeremy Wallace

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Texas can't reject mail-in ballots over ID mistakes, judge rules

You'd be forgiven for thinking we were done talking about the Republican-pushed 2021 elections bill, which dominated much of the political year and led to multiple Democratic walkouts that paralyzed the Legislature.

But nothing is ever truly settled, especially not in Texas politics. 

A federal judge in San Antonio ruled this week that it is illegal for Texas elections officials to reject mail-in ballots and the applications for them over ID mistakes on elections paperwork, provisions that were part of the sweeping voting bill that state lawmakers passed in 2021.

Voters are required to include their driver's license numbers or social security numbers on their mail-in ballots. Elections officials have since rejected nearly 40,000 submissions over errors related to that requirement, according to the ACLU of Texas. The number written by voters often didn't match county files, or they forgot to include a number entirely.

U.S. District Judge Xavier Rodriguez said Thursday that the provision violates the Civil Rights Act by rejecting absentee applications and ballots based on errors that "are not material in determining whether voters are qualified under Texas law to vote or to cast a mail ballot."

The court still needs to issue a final opinion and order in the coming weeks further expanding on the decision and telling the state how to comply, at which point it could also be appealed.

Photo of Jeremy Wallace

Edward McKinley, state government reporter

edward.mckinley@houstonchronicle.com


Who's up, who's down

Who's up and who's down for Texas Take newsletter.

Up: African flies.

The critters could have a new home soon as researchers at the University of Texas are studying how introducing African flies could keep Guinea grass in check — an invasive grass species common in Texas that contributed to the spread of the recent deadly Hawaii wildfires.

Down: Special education programs.

School districts around the state are struggling to provide special education services, as required by state and federal law, due to a lack of funds and a hugely increasing number of initial evaluations post-COVID. Districts spend more than $2.3 billion more on special education than they receive from the state. See where your school district ranks.

What do you think? Hit reply and let me know.


What else is going on in Texas

Tracks of green sea turtles can be found on Texas beaches as it is nesting season. A record number of nests have been found on Texas beaches this year.

Photo by: Padre Island National Seashore

Record number of green sea turtle nests found on Texas beaches

It's nesting season for green sea turtles along the Gulf of Mexico and so far, a record number of nests has been documented in Texas.

Protective reflective surface under the windshield of the passenger car parked on a hot day. Windshield reflectors are one of the best ways to keep spaces cool. 

Photo by: Aapsky/Getty Images/iStockphoto

Five ways to keep your house, car cool amid Texas heat wave

You may already know about the tin-foil-on-the-windows trick, but which way is your ceiling fan spinning?

Men work on transmission lines Wednesday, June 21, 2023 in the Montrose neighborhood in Houston.

Photo by: Jon Shapley, Staff Photographer

It's been a tough summer for the grid – here's how to reduce your energy use

Between the heat and the demand, the Texas power grid has a lot of pressure. Here are ways to reduce your use and a breakdown of grid emergency alerts.


Pick of the day

A tractor sits next to a circle of corn finishing in the field Tuesday north of Hondo. A USDA report for the week ending July 10 reported 42 percent of Texas' corn crop was in

Photo by: William Luther, Staff Photographer / Staff photographer

In 1997, a farmer in southern Michigan found a dead body with the head and hands cut off. Somehow, police this year made a breakthrough, arresting two Ohio brothers for the crime. Now they say there's a Texas connection and they're asking for help identifying the victim.


What else I'm reading

Mixing things up, today's recommendation is not a news article, or even a magazine feature, but an essay: "Who's Afraid of Lorne Michaels?" on the Longreads website. Saturday Night Live is among America's most enduring entertainment institutions. This essay casts it in a new light.

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