A Closer Look at Texas' Voter Integrity Law
Texas Governor Greg Abbott signs Texas’ newest voter integrity law. Source: Arkansas Online
As the Lone Star state becomes the most recent state to take legislative action on voting, Texas Governor Greg Abbott signed Texas’ newest voter integrity law on September 7th. The signing of the bill comes months after Democratic state lawmakers fled the state in efforts to prevent Republicans from passing the bill. However, Governor Abbott called for a special legislative session and the bill successfully passed.
Republicans claim this bill will protect voters and the integrity of elections, while Democrats claim the bill is an attempt by Republicans to suppress voters, especially voters of color and voters with disabilities. With Republicans lauding the bill as the greatest piece of legislation to ever passed while Democrats argue it is the most appalling, what does the bill actually entail?
There are a few main points in the bill on which Democrats have focused their opposition: polling hours, drive-thru voting, and voting by mail. The bill states that the polls during early voting cannot open before 6 am and cannot be open after 9 pm, but must remain open for a minimum of nine hours. However, those in line before 9 pm will still have the ability to cast their vote even after the polls have closed. Democrats have opposed these new rules and pushed for 24-hour early voting similar to last year’s pandemic accommodations. The 24-hour voting ban has been framed as discriminatory and unfair for people only able to vote during the week, especially for those who have to work. However, the bill has a response to these concerns. Polling locations are only required to offer early voting during these hours on weekdays and are not required to offer early voting on Saturday or Sunday unless it is the last Saturday and Sunday of early voting. On the last weekend, voting will be available for a minimum of six hours between the hours of 6 am and 9 pm. Additionally, the early voting clerk for a district can order voting on Saturday or Sunday through a written order prior to the last weekend. Furthermore, the bill makes it illegal for employers to punish employees for taking off work to vote; in fact, the bill deems any effort by an employer to discourage an employee from voting to be an offense. Through these protections, Republicans argue Texas is encouraging people to vote.
Drive-thru voting has also been a contentious aspect of the bill. Although drive-thru voting is no longer allowed, Democrats imply that under no circumstances are you allowed to vote from inside a vehicle. They claim that by disallowing drive-thru voting, the bill discriminates against minorities simply because they used this method the most. The law does explicitly state that voters are required to vote indoors, however, it makes exceptions for those who are unable or have difficulty leaving their vehicle in order to enter the polling place. Those who are physically able to enter the polling place will have to vote inside regardless of their identity. Therefore, the restrictions on drive-thru voting can be viewed not as discriminatory, but only inconvenient for able-bodied people who wish to not leave their vehicles.
Voting by mail has also been a point of contention thanks to the addition of new restrictions. Issues about the integrity of voting by mail increased prior to the 2020 election when President Trump raised concerns about voter fraud. Since the 2020 election, President Trump has insisted that his loss resulted from voter fraud, mostly linked to mail-in ballots. After these claims, many Republicans in various states created legislation that set clearer standards on voting by mail. Texas has now made it a criminal offense for mail-in ballots to be sent to voters unless requested. Voters may still vote by mail, but they will need to initiate contact. If a voter chooses to receive a mail-in ballot, they will have to also include either their driver’s license number or the last four digits of their social security number so that officials can match the information.
A new addition to this bill will allow voters who have mailed their ballots in a timely manner to track their ballot and see if it was accepted. If the bill has been rejected due to a technicality, voters are permitted to correct the mistake. Another controversial aspect of the 2020 election that has been addressed is the role of poll watchers. The new bill allows poll watchers to move freely throughout the polling location, except for while a voter is completing their ballot. Poll watchers are able to go anywhere in the location but will have to complete training and can be removed if they violate any election law or code.
The Texas voter law has indeed created restrictions, however, the restrictions are not completely unreasonable. Voters still have plenty of opportunities to vote and there are exceptions for those with disabilities. The 2020 election was an extraordinary time with many things having to be changed in order to meet the challenges and things will be different for the next election. Although different, the law provides voters of all backgrounds an opportunity to participate in elections and does not discriminate based on race, physical wellbeing, or any other standard.