Dateline Houston

Tonight, the Texas Observer’s own Melissa del Bosque will moderate a free public forum in Houston called “The True Cost of Environmental Justice.”

At issue is Texas’ longstanding pro-business approach to regulation—which is to say, not having it—and whether the jobs created by oil and chemical refineries are worth the local health and environmental costs.

While Houston has weathered the recession better than practically anyplace, a major reason is that Harris and its surrounding counties are home to more than 260 oil refineries, chemical plants, and other large industrial facilities, according to a recent count by the Houston Chronicle. Houstonians have a special interest in the balance between a strong economy and a safe, healthy home.

Ms. del Bosque and Observer multimedia editor Jen Reel know all about this. They produced our November cover story, “Kochworld,” which documented the pollution plaguing communities abutting Koch Industries-owned refineries in Corpus Christi. After spending months interviewing sick residents, Reel and del Bosque turned out a feature so good that the Koch bros put out their Benjamin-wrapped cigars long enough to fire off a rebuttal on their Myspace page corporate website kochfacts.com.

State Sen. Rodney Ellis will join del Bosque for tonight’s discussion, along with Matthew Tejada of Air Alliance Houston, Bryan Parras of T. E. J. A. S., and Dr. Jay Olaguer of the Houston Advanced Research Center. Jen Reel will provide a video introduction.

The place is Rice University, the McMurtry Auditorium in Duncan Hall. The time is 7 p.m. I’ll see you there.

A sign that says "vote" in many languages

On Fox yesterday, GOP strategist Karl Rove claimed that Obama won re-election by “suppressing the vote” His evidence? Obama captured a smaller percentage of votes than he did in 2008. Obama’s method? Making people dislike Mitt Romney.

“Suppressing the vote” just doesn’t mean what it used to.

Houston knows how to (allegedly) suppress a vote. Its suburbs spawned True the Vote, the poll-watching tea partiers who tend to target minority districts for their scrutiny. And this fall, Houstonians made up a huge proportion of Texas’s not-actually-dead voters who were slated to have their registrations cancelled, more of whom were in minority than Anglo districts.

But in the end, it was all sound and fury, signifying nothing. Public outcry paused the zombie voter purge, and the Houston Chronicle minced no words with Tuesday’s headline, “True the Vote’s impact said to be negligible.”

TTV founder Catherine Engelbrecht says they received hundreds of complaints and that it takes time to sort and submit them to election officials, so the group’s real results are yet to come. (Their 2010 efforts yielded only a few investigations and no criminal action.) So TTV may or may not have sniffed out fraud. But it doesn’t seem to have suppressed the vote either. Several civil rights groups under an umbrella organization, the Election Protection Coalition, say that while they got around 70,000 complaints of their own about election troubles, very few were about True the Vote.

There was, however, one showdown. A True the Vote-trained poll watcher says the NAACP took over and “basically ran” the Harris County Precinct 139 location. Allegedly, the nefarious NAACP handed out bottled water to voters in long lines and selected people (the NAACP says they were elderly and/or disabled) to go to the front of the line, “stirring up the crowd” to vote for Obama.

Someone better tell Karl Rove.

"Vote here" signDateline Houston is confused.

Texas Republicans are passionately concerned about so-called voter integrity. Ensuring this integrity has spurred legislation, court battles, and private citizens’ groups taking up only-probably-metaphorical arms against hordes of evildoers who might somehow steal elections from conservatives in a place that hasn’t elected a Democrat to statewide office since 1994.

So why wouldn’t the state welcome even more integrity-minded poll monitors?

“We just wouldn’t, okay?” Dateline Houston imagines Attorney General Greg Abbott snapping before returning his attention to a hand mirror onto which he’d pasted a picture of Anderson Cooper.

Until very recently, Republicans were the only ones mobilizing against alleged electoral shenanigans. In the interest of preventing a dubiously documented and apparently deeply ineffective rash of election fraud, Texas Republicans wrote and passed the voter ID law that only coincidentally disenfranchises traditionally Democratic groups, and which Attorney General Greg Abbott has failed to prove in court is not racist. The Republican-controlled Legislature also changed how counties identify voters who may have died, which led—again only coincidentally—to the potential deletion of many living voters who, statistically, were more likely to have been Democrats. A lawsuit is underway.

And then there’s True the Vote. TTV is a poll-watching project of the King Street Patriots, a supposedly nonpartisan Houston group spawned during the tea party orgy of 2009. In the 2010 elections, True the Vote trained and dispatched about 1000 volunteers to mostly minority neighborhoods to hunt voting irregularities and stare down would-be defrauders. As the Observer’s Patrick Michels reported, “[they] combined to send 800 complaints of improper voting to Harris County officials, who investigated a few but ended up taking no legal action. …While it generated little evidence of voter fraud, the King Street Patriots’ effort did result in complaints about voter intimidation and breached ethics, a lawsuit from the Texas Democratic Party, and an investigation by the U.S. Department of Justice.”

To review: the party that hasn’t lost a statewide election in 18 years finds itself so besieged by election-stealing leftist lawbreakers that they have dedicated serious time and money at every level of their organization to curb it.

Of course, when anybody questions this—particularly if the sentence starts, “But, statistically…”—these patriots clutch their life-sized plush bald eagles and fall to the floor, shuddering with apoplexy, whispering, “freedom…”

The most recent freak-out was when a United Nations-affiliated group of election monitors announced it would send a total of 44 observers to the entire United States to watch for voter suppression, just as they have for years, at the invitation of the United States, and do all over the world.

In Texas, the fertilizer totally hit the ventilation system.

Attorney General Greg Abbott bewailed the UN invasion most concisely in a tweet: “UN poll watchers can’t interfere w/ Texas elections. I’ll bring criminal charges if needed. Official letter posted soon. #comeandtakeit”. On Wednesday, he explained to Reuters, “They act like they may not be subject to Texas law and our goal all along is to make clear to them that while they’re in Texas, they’re subject to Texas law, and we’re not giving them an exemption.”

In response, the Organization for Security and Cooperation in Europe (OSCE) pinky-swore not to buy beer before noon on Sunday.

Then Abbott admitted that, actually, he was afraid the OSCE could do exactly what True the Vote, by many accounts, does. “Our concern is that this isn’t some benign observation but something intended to be far more prying and maybe even an attempt to suppress voter integrity,” he told Reuters.

Maryland Democrat Elijah Cummings, a ranking member of the U.S. House Oversight and Government Reform Committee, says True the Vote does just that. On October 18, Politico reported that Cummings had sent two letters to True the Vote asking for documents and citing reports that there “is mounting evidence that True the Vote’s aggressive poll monitoring tactics are being closely coordinated with the Republican Party” and has, in the words of one report, “a highly partisan and political agenda to deny African Americans and Latinos, specifically, the right to vote.”

With so much hand-wringing about poll-watching, one wonders what they’re all watching for. How do you spot fraudulent voters? What do they look like?

Well, in a very recent local case, the fraudster looks like a Republican precinct chairman who was running for a seat on the Fort Bend County Commissioner’s Court. Records show that Bruce Fleming voted both in person in Sugar Land and by mail in Pennsylvania—an actual swing state where a single fraudulent vote really could make an actual difference—in 2006, 2008, and 2010.

Catherine Englebrecht, founder and president of True the Vote, lives in Fleming’s Precinct 1. She and TTV were not responsible for uncovering Fleming’s alleged fraud.

For the November elections, True the Vote has long maintained it wants to send two million eyeballs to the polls. Considering that they seem to be many hundred thousands short of their goal, you’d think they’d want all the help they can get.

 

Lloyd Oliver
Lloyd Oliver

Dateline Houston cannot adequately communicate how vivid and disturbing the Houston Press’s new cover story profiling Lloyd Oliver is. You’ll just have to read it. Oliver, of course, is the guy who spent $325 in the Democratic primary for Harris County District Attorney campaigning against a highly qualified favorite—and won by 3000 votes. A lawyer with a checkered past, Oliver has run unsuccessfully for several offices, often as a Republican, because he says it drums up business for his law practice. Harris County Democrats tried to boot Oliver from the ticket for saying he would have voted for the incumbent DA, a Republican who lost in the primary, but Oliver took the issue to court and prevailed.

Because Oliver is a, how you say, local character, mirth ensued. Briefly.

Then, September 28, Oliver appeared on the Houston PBS political forum “Red, White and Blue” and was asked to clarify a remark he made publicly in March, that domestic violence victims should “maybe learn how to box a little better.” Confronted with his own words, Oliver didn’t backtrack. “There are some people,” he explained, “[and] I don’t understand it, but part of their making love is beat up one another first.”

Dateline Houston doesn’t think Oliver understood A Streetcar Named Desire.

Oliver went on to say that domestic violence cases should be prosecuted less often, so that taxpayer money and jail space can be reserved for “baby rapers” and the like.

It shouldn’t require explanation that domestic violence, and the prehistoric attitude that abuse is a private problem that doesn’t require or deserve public resources, is abhorrent. But by the by, October is Domestic Violence Awareness Month, and according to Harris County Domestic Violence Coordinating Council, Harris County sees more victims killed by abuse than any other county in the state.

Really, Oliver’s stand on this issue but scratches the surface of the political melanoma that is his candidacy. Here’s a tiny sample more from the Press feature:

“[Oliver] compliments women frequently on whatever ‘fine aroma’ they may be wearing. He characterizes certain teenage girls as ‘sticking out every which way you can imagine.’ … He is wary of Seattle because of all the ‘queers holding hands’ and the ‘rag heads.’ He loves soup. And his opinion of the local Democratic leadership? ‘Frustrated homosexuals.’”

Practically everyone who’s paying attention is worried that Oliver could win if enough people vote straight-ticket Democrat, which is perhaps likelier in this presidential election year. Oliver’s opponent, Republican Mike Anderson, “said an Oliver victory could spark a mass exodus of as many as 100 of the 240 prosecutors in the District Attorney’s Office,” according to the Houston Chronicle.

Dateline Houston hopes to learn, and soon, that Oliver’s whole candidacy and persona are part of a Borat-like farce intended to illustrate the dangers of an uninformed, partisan electorate. But if that turns out not to be the case, this show is definitely not funny anymore.

 

 

When Dateline Houston reported on Harris County’s deeply flawed “dead” voter purge, in which the county—under state instruction and then duress—risked disenfranchising thousands of legitimate voters in the interest of election integrity, the Houston Chronicle had already pointed out that a disproportionate number of those affected were minorities. At the time, Dateline Houston wasn’t aware of anyone coming out and saying the purge was motivated by racial or partisan bias. Well, now someone has.

First, the quick-and-dirty history. (Long snarky version here.) The state regularly uses various data to determine if a voter has died and should have her registration canceled. Last session, the Texas Legislature passed a bill that dramatically expanded (and, it seems, polluted) that list. About 77,000 Texans got letters in the mail asking if they were dead, and saying their voter registration would be canceled if they didn’t write back. Harris County residents got 9,000 of those letters. When Harris County Tax Assessor-Collector Don Sumners heard immediate complaints from living voters, he said no one here would be purged until after the election and more investigation. To coerce Harris County into compliance, the state froze the county’s voter registration funding. Four not-dead-yet voters sued, and the whole affair was dropped until after the election.

To Dateline Houston, it seemed Sumners was defending all voters by stopping the operation as soon as it proved defective. But not to LULAC.

The League of United Latin American Citizens (LULAC) joined seven voters Thursday in filing a federal lawsuit against Harris County and Sumners, alleging that he “targets the Latino and black communities in his voter purging by ZIP code,” said Attorney Luis Roberto Vera, Jr., LULAC’s general counsel, to the Houston Chronicle.

That makes LULAC’s accusation sound like a straightforward, moustache-twisting deletion of Garcias. Actually, what the suit alleges are a few piecemeal forms of discrimination only loosely tied to the recent voter purge, plus the overarching observation that the voter application rejection rate from 2009 to 2012 was higher for Latinos and black voters than for Anglos, and higher in majority Latino and black neighborhoods than majority Anglo neighborhoods.

The suit alleges this effect is deliberate, “undertaken with a racially discriminatory intent to deny or abridge the right to vote of African-American [and]…Latino persons.”

LULAC alleges that Sumners is denying voter applications because the voter’s residential address might be a commercial address, despite a 2009 settlement with the Texas Democratic Party where Harris County specifically promised that they wouldn’t do that. Sumners also allegedly rejected hundreds of applications for failing to include “all the required information,” despite the fact that the 2009 settlement included a fairly short list of basic information that had to be “legibly [provided]” for registration. LULAC also says that “all the required information” is too vague a grounds for rejection, and that Sumners’ decision not to send his staff to collect the voter registrations from new citizens at Houston Area Naturalization Ceremonies constituted a change in procedures that required federal pre-clearance under Section 5 of the Voting Rights Act.

Finally, LULAC objects to Sumners’ failure to notify the 9000 Harris County residents who got “Are you dead?” letters that their registrations would not be canceled even if they failed to confirm their perpetuance.

It’s worth noting that House Bill 174, which expanded the perhaps-dead voter list by requiring the secretary of state to incorporate data from the Social Security “death master list,” passed with only one opposing vote and did get federal pre-clearance.

In response to the LULAC suit, Sumners’ office put out a press release that can be objectively described as snotty. It begins: “Here we go again. Another unwarranted political lawsuit.”

The release, written in the first person apparently by Sumners, says LULAC’s accusations are a retread of the previous suit, baseless and politically motivated. He’s obviously not rejecting voters for commercial addresses, he says, because a True the Voter recently sent him a “challenge” list of hundreds of registered voters with commercial address whom she wanted removed. Of course, this isn’t as strong a defense as it initially seems, because LULAC is not alleging that Sumners is cancelling all voter registrations from commercial addresses. They allege that Sumners is cancelling more commercial-address registrations from minority neighborhoods than Anglo ones. So the fact that a True-the-Voter can come up with hundreds of commercial-address voter registrations doesn’t prove that LULAC is wrong. If those addresses turned out to be in predominantly Anglo neighborhoods, it could prove them right.

Sumners also points out that nobody, dead or undead, is getting purged before the November elections, which also sounds like a strong defense at first. But that’s not what LULAC’s suit is about. It’s about, in part, the failure of Sumners’ office to notify people that they won’t be purged in the same official capacity as he told them they would be. Sumners’ retort also focuses only on the last two months, and doesn’t address the LULAC claim that racially disproportionate purges have been occurring since 2009.

Finally, Sumners says that the naturalization ceremony claim is “totally wrong and easily disproven,” though he doesn’t say how.

If the system works, the courts will establish who’s right in this he-said-they-said conflict. Place your bets in the comments section. But to Dateline Houston, the most important player in the Harris County zombie voter scandal is only mentioned in passing the in the dispatches from these two sides.

In the second paragraph of Sumners’ “pfft, check out this guy” press release, he notes, “The Secretary of State is not named as a defendant” in LULAC’s suit. The Texas legislature, after all, found time to pass into law the big changes that risked so much disenfranchisement, all to stop the four dead-voter-impersonators that cast ballots in this year’s run-offs. But the Secretary of State’s office is the one that froze Harris County voter registration funding for refusing to purge voters even after it became obvious to all involved that the new dead list was fatally flawed.

While LULAC mud-wrestles Harris County, who will point fingers at the state?