After bitter fight and late changes, Texas House backs Republican election bill in 3 a.m. vote

Elsa Demedo, left, and Jeanette Breedlove wait in a long line at an early voting location at Ben Hur Shrine Temple in Austin, Texas. (Jay Janner/Austin American-Statesman/TNS)
Elsa Demedo, left, and Jeanette Breedlove wait in a long line at an early voting location at Ben Hur Shrine Temple in Austin, Texas. (Jay Janner/Austin American-Statesman/TNS)

 

AUSTIN - After a bitter partisan fight over a sweeping Republican election bill consumed most of Thursday night, the Texas House gave initial approval to Senate Bill 7 shortly after 3 a.m. Friday after adopting a series of agreed-upon amendments in rapid-fire fashion with little or no explanation provided.

Many of the changes, negotiated in the early-morning hours among members of both parties, were designed to reduce criminal penalties for election law violations and limit criminal liability for mistakes made by voters and those who help them cast a ballot.

The 18 late amendments, including 13 offered by Democrats, made for a rancor-free ending to the night's debate, though the changes weren't enough to win over Democrats as the House gave initial approval to SB 7 on an 81-64 party-line vote.

Final House approval will come with a second vote later Friday, sending SB 7 back to the Senate.

The bill, however, looks nothing like the legislation that left the Senate on April 1, all but guaranteeing that a conference committee of senators and representatives will hash out the final version - making the fight over changes to Texas election laws far from over and leaving the final version of the legislation far from certain.

Democrats came to the House chamber spoiling for a fight, drawing up more than 100 amendments to attack SB 7 provisions they believed would make it more difficult to vote, particularly for nonwhite Texans and those with disabilities who require help to cast a ballot.

"We're prepared to fight this all night," Rep. James Talarico, D-Round Rock, said in a Twitter post that included a photo of himself wearing a face mask reading "Good trouble," quoting the late U.S. Rep. John Lewis, a longtime Democratic warrior for voting rights.

Rep. Briscoe Cain, R-Deer Park, began the debate by saying SB 7 was designed to boost flagging confidence in the integrity of elections, ensure that every vote cast was legal and thwart vote harvesters and others who coerce or cajole voters to cast ballots a certain way.

"I don't believe this bill suppresses any votes. It's to help all voters," he said.

Democrats, calling claims of widespread voter fraud a myth, peppered Cain with skeptical questions.

"Is this bill simply a part and a continuation of the big lie perpetrated by Donald Trump that somehow he really actually won the presidential election?" asked Rep. Chris Turner, D-Grand Prairie.

"Not at all. This bill is not a response to 2020," Cain said. " A lot of these these are a long time coming."

Turner disagreed, saying SB 7 would unfairly target urban centers and discourage voting by those who typically support Democrats, particularly Latino, Black and Asian Americans and Texans with a disability.

"Make no mistake, the backers of these election bills believe it will help Republicans and hurt Democrats. We all know that," Turner said. "It's a straight-up assault on voting rights."

Rep. Rafael Ancha, D-Dallas, took exception to SB 7's statement of purpose that said the bill was designed to "preserve the purity of the ballot box" - a phrase used historically to deny the right to vote to Black Texans and create all-white primaries, he said.

"Are you aware of the history of that?" Anchia asked.

No, Cain replied, adding: "I'm sorry to hear that." The phrase was taken directly from the Texas Constitution, he said, noting later that he'd entertain an amendment to change "purity" to "integrity or something."

SB 7 protections for poll watchers, volunteers who typically represent candidates or political parties, drew sharp criticism from several Democrats, particularly a provision that would block election officials from removing poll watchers unless they break the law.

That provision opens polling places to all sorts of mischief from poll watchers, who have in the past been used to intimidate and harass Black and Latino voters, said Rep. Jessica Gonzlez, D-Dallas.

"It's old Jim Crow dressed up in what our colleagues are calling election integrity," Gonzlez said. "We should be encouraging more Texans to vote, not try to turn someone who makes a simple mistake into a felon."

Gonzlez proposed the night's first amendment, which would have gutted the bill by removing its enacting clause. By the time it was defeated by Republicans, almost 2 hours had passed, and both sides were settling in for a long fight.

Then Democrats raised a point of order arguing that SB 7 could not be considered because its bill analysis was flawed, and the pace slowed even further. All work stopped on the House floor for two hours and 10 minutes while parliamentarians and House members in both parties hashed over the point of order.

At 10:30 p.m., Cain announced that action on SB 7 would be postponed for at least an hour while negotiations continued on amendments. More than three hours later, House members returned to SB 7, tacked on the 18 agreed-upon amendments and adjourned for the night - less than seven hours before the House was due back in session.

The first added amendment struck the phrase "and preserve the purity of the ballot box" from the bill.

Other changes made by members of both parties clarified that poll watchers can be removed for committing a "breach of the peace" in polling places; required poll watchers to be warned before removal; and stated that poll watchers cannot photograph private information, ballots or "the marking of a ballot."

Another change added protections from prosecution for attendants and caregivers who help a person with a disability vote.

Before Friday's votes, House Republicans removed tall of the original language from SB 7 and replaced it with a similar, but very different, language of House Bill 6. Deleted provisions that were approved by senators on a party-line vote included:

A ban on drive-thru voting and on overnight or 24-hour polling locations.

Allowing poll watchers to record video at a polling place, including a voter at a voting machine if the voter is suspected of receiving illegal help, though the recording cannot show the ballot.

Requiring people who provide rides for three or more voters to a polling place to fill out a form with their name, address and information on whether they also assisted the voter in casting a ballot.

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