Tag Archives: ballot by mail

Teach the Vote’s Week in Review: July 24, 2020

With the start of school just around the corner, it’s been another busy week for ATPE and the education community. Read about this week’s developments below from the ATPE Governmental Relations team:


CORONAVIRUS UPDATE: ATPE’s incoming State Vice President Karen Hames and Governmental Relations Director Jennifer Mitchell spoke on CNN’s Chris Cuomo Prime Time show Thursday night, July 23, to contribute their perspectives on school reopening. Hames and Mitchell stressed that teachers care about their kids and want to be in school with them, but that educators have concerns about being exposed to the coronavirus in a classroom setting. Hames shared reasons why school choice would not provide any real solutions to parents’ concerns about COVID-19, and Mitchell emphasized the need for additional federal funding and better guidance at the state level to help school districts prepare for reopening amid the pandemic. Watch video of the CNN segment here.

In other news related to COVID-19, the University Interscholastic League (UIL) released a long-awaited announcement this week that delays the schedules of 5A-6A conferences. Additionally, UIL shares that marching band practice in all conferences may not begin until September 7, 2020. Updates to TEA’s COVID-19 Support and Guidance Page this week included a new summary of the agency’s reopening guidance, several new “Strong Start” resources, and new CARES Act and attendance and enrollment information.

Visit the ATPE COVID-19 FAQ and Resources page for constantly updated resources and answers to common questions from educators. ATPE members can also use Advocacy Central to communicate with their elected officials regarding school reopening and other issues.


This week, ATPE submitted formal public comments on the U.S. Department of Education’s (ED) interim final rule directing how districts spend their CARES Act federal emergency dollars on equitable services for students in private schools. The interim final rule, effective July 1, 2020, is estimated to cause public school districts to spend over $44 million of their Title I-derived emergency funds on private school students regardless of poverty — more than $38 million more than they would normally spend under the longstanding interpretation of equitable services in federal law. ATPE’s comments urge the department to rescind its inequitable and distorted interpretation of the CARES Act, which goes against congressional intent. Over 5,200 comments have been submitted, but the department is not required to respond to them because of the emergency rulemaking process. Read more about the new federal rule in this recent Teach the Vote blog post. Read ATPE’s public comments here.


ELECTION UPDATE: Last week saw one of the most unusual elections in recent memory: A runoff postponed due to a global pandemic that proceeded to intensify in Texas as the new election date approached. Early voting was expanded from the usual one week to two weeks in order to reduce the load on polling locations. Some voters also took advantage of alternative methods of casting their ballots to avoid contracting COVID-19 at the polls, although Texas broke ranks with other parts of the country by refusing to expand the ability to vote by mail amid the pandemic. Despite the failure of lawsuits aimed at expanding mail-in ballot options, Texas saw a substantial increase in mail-in voting during this runoff election, which caused official results to be delayed by a few days but did not result in changes to any of the unofficial race outcomes revealed on election night. The July 14 election also exposed troubling voting issues that will have to be corrected before the November election.

With double the time to vote early, this month’s runoffs saw double the turnout over the primary runoff elections in 2018, 6.61% to 3.22%, respectively. After all of the debate over voting by mail, 30% of Democrats and 24% of Republicans who voted early cast their ballots by mail. That’s actually down from 36% of all early voters who cast mail-in ballots in the 2018 runoffs. Democrats had a huge turnout — nearly 956,000 voted in the primary runoffs, but comparable statewide numbers aren’t available for Republican turnout because there wasn’t a statewide GOP runoff like there was on the Democrats’ ballot. Party turnout in primary elections is not always an accurate predictor of turnout in the general election. But based on the turnout for a runoff election in July, in the Texas heat, in the middle of a deadly pandemic, it’s probably safe to assume that overall turnout for the November general election will be enormous. That makes researching candidates and making your voting plan for November more important than ever! See more election results in last week’s recap by ATPE Lobbyist Mark Wiggins.


CONGRESSIONAL UPDATE: The U.S. House Education and Labor Subcommittee on Early Childhood, Elementary and Secondary Education met Thursday, July 23, for a hearing on the safe reopening of schools. The discussion bounced back and forth between the health risks for children and health risks for teachers and staff, with implications across the board for future funding to get schools on the path to a safe reopening. Get the full rundown on the meeting in this blog post by ATPE Lobbyist Mark Wiggins.

While a proposal for additional federal emergency aid (dubbed the Health and Economic Recovery Omnibus Emergency Solutions or “HEROES” Act) was approved by the U.S. House several weeks ago, the U.S. Senate has now agreed on its own $105 billion aid package for education, which includes $70 billion for K-12 schools. The proposal would tie the K-12 funding to in-person instruction by sending $35 billion to schools that open for in-person instruction and splitting the remaining $35 billion among all schools, regardless of their method of instruction. The $30 billion for colleges will not be tied to in-person instruction, and governors will receive the last $5 billion to spend on either K-12 or higher education. The details of the proposal are expected to be made public on Monday.



After a week-long delay, the U.S. Centers for Disease Control (CDC) released updated guidance for the reopening of public schools during the COVID-19 pandemic. The brunt of the new guidance issued last night, July 23, consists of justifying the push to reopen schools for in-person instruction. New items include recommending that schools group students and teachers into isolated cohorts or “pods” meant to limit in-person contact. There is also a checklist intended to assist parents in deciding  whether to send their children to school. A new mask guidance document suggests masks can be worn by anyone older than two years old, though some groups of students may need special adaptations and alternatives. Even as the guidance encourages reopening, it urges caution to those considering to do so in areas of substantial, uncontrolled transmission. Furthermore, the guidance recommends tying operational decisions to local epidemiological conditions. The guidance states as follows:

“Schools should be prepared for COVID-19 cases and exposure to occur in their facilities. Collaborating with local health officials will continue to be important once students are back to school, as they can provide regular updates about the status of COVID-19 in the community and help support and maintain the health and wellbeing of students, teachers, and staff.”

All of the CDC guidance documents, including the latest guidance as well as recommendations dating back to May, can be found here.


The State Board for Educator Certification (SBEC) met today, July 24, to take action on several items implementing the Science of Teaching Reading exam requirements from last year’s House Bill (HB) 3 and to discuss COVID-19 considerations related to certification. Additionally, the board approved a proposal to transition Legacy Master Teacher certificate holders into lifetime certificates, as HB 3 barred the Master Teacher certificate from being issued or renewed. ATPE Lobbyist Andrea Chevalier testified before SBEC in support of this proposal, continuing our months-long advocacy for a fix for Master Teachers. Read more about today’s SBEC meeting in this blog post from Chevalier and read the written testimony here.


SCHOOL FINANCE UPDATE: Texas Comptroller Glenn Hegar created buzz this week with the release of his certification revenue estimate, which shows that the state faces a $4.6 billion deficit due to both COVID-19 and the largest drop in oil prices in decades. While some revenue sources have helped to soften the blow, including federal coronavirus aid and new revenue from online commerce, the uncertainties ahead will make the state budget lawmakers’ top concern in the upcoming 2021 legislative session. Read more about the revenue esimate and Hegar’s interview with the Texas Tribune this week in this blog post by ATPE Lobbyist Mark Wiggins.  

In other school finance news, Just Fund It, a non-partisan group of parents, students, and community members across Texas advocating for increased public school funding, has begun a petition aimed at urging Gov. Abbott to ensure stable and predictable school funding. Specifically, the petition asks the governor to extend the 12-week “hold harmless” period for calculating funding based on attendance as recently announced by the Texas Education Agency (TEA) for the coming school year. The group presents a compelling argument for extending the hold harmless to cover the entire 2020-21 school year.

Texas election roundup: Early voting begins Monday, June 29

Early voting begins Monday, June 29, 2020, for the July 14 primary runoff elections across the state of Texas, as well as for a special election to fill an open Texas Senate seat in Central Texas.

Gov. Greg Abbott postponed the runoff elections three months ago from their original May 26 election date over concerns about the spread of the deadly COVID-19 virus. Infections today are even higher than they were back then, which highlights the importance of making a plan to vote safely.

As we previously reported here on Teach the Vote, the Texas Secretary of State last month released a list of “minimum recommended health protocols” for voting, which instructs voters to consider maintaining six feet of separation, self-screen, bring their own stylus or pencil with eraser, bring hand sanitizer, and wear a mask when they head to the polls. For those experiencing COVID-19 symptoms, voters are encouraged to consider utilizing curbside voting if they meet the eligibility requirements. Curbside voting is typically reserved for voters with disabilities who are not physically able to enter polling locations without assistance or who may be likely to injure their health by doing so.

Texas polling places must offer curbside voting for certain individuals who are unable to enter a polling location due to a disability. The Secretary of State’s website explains, “If a voter is physically unable to enter the polling place, he or she may ask that an election officer bring a ballot to the entrance of the polling place or to a car at parked at the curbside. After the voter marks the ballot, they will give it to the election officer, who will put it in the ballot box. Or, at the voter’s request, a companion may hand the voter a ballot and deposit it for him or her.” The Secretary of State’s office suggests checking your county’s voting website and calling ahead to the polling location before voting curbside. You can read more about curbside voting in this post by Disability Rights Texas.

The Secretary of State’s office offered additional info on curbside voting and voting by mail in a webinar hosted earlier this month by the Texas League of Women Voters. State officials emphasized that if a voter has voted by mail in the past and their qualifying circumstances have not changed, they can still vote by mail.

With the possibility of a greater number of voters choosing to vote curbside and fewer election volunteers working at polling places due to the coronavirus pandemic, early voting and allowing ample time to cast your vote is extra important for this runoff. The Texas League of Women Voters recommends voting early during non-peak hours in order to encounter the fewest people possible. The Secretary of State’s office also recently reiterated the importance of voting early and following the health and safety protocols, stating, “It is essential to our democracy that Texans are able to safely and confidently cast their vote.”

Multiple lawsuits have been filed aimed at expanding the ability of Texans to vote by mail, as some voters feel they must make a choice this year between exercising their civic duty by voting and protecting their health and that of their families. The fact remains that voting is the single most powerful way to ensure elected officials prioritize public education, listen to educators, and put children first. The decision of whether to cast your vote is yours alone, and we recognize the courage it takes to participate in democracy at this unprecedented moment in history. We urge you to follow all of the safety precautions to protect yourself while you exercise this most critical constitutional right.

As a reminder, early voting runs June 29 – July 10, 2020. Check out ATPE’s profiles of candidates for the Texas Legislature and State Board of Education here on Teach the Vote.

Teach the Vote’s Week in Review: June 12, 2020

You have until Monday, June 15, to register to vote in the July 14 primary runoff election (and a special election if you happen to live in Texas Senate District 14). While you are making your voting plan for the July election, check out this week’s education news from ATPE Governmental Relations.


CORONAVIRUS UPDATE: Phase three to reopen Texas is well underway, with restaurants allowed to expand capacity to 75% starting today. By next Friday, amusement parks and carnivals in counties with more than 1,000 confirmed positive cases of COVID-19 may open at 50% capacity. Gov. Greg Abbott spoke with CBS Austin this week and noted that, with cases on the rise, his contingency plan should there be a resurgence will be to first roll back non-essential surgeries and other medical procedures.

The Texas Education Agency (TEA) updated quite a few coronavirus-related web resources this week. TEA’s closure support and guidance page includes updates on personal protective equipment and other safety guidance for summer school, graduation, and UIL. Information on residential programs has been updated on the special education page. TEA also provided an updated COVID-19 waivers document.

Changes were also announced this week that will impact educator certification candidates who are beginning internship requirements but have not taken their test and candidates who are required to complete otherwise face-to-face educator preparation program (EPP) requirements in the 2020-21 school year. Specifically, eligible candidates who are beginning internships will be able to obtain an intern certificate upon recommendation of their EPP, without having to meet testing requirements first. (Fingerprinting requirements remain in place.) This is similar to a previous waiver that allowed certification candidates who had completed all EPP requirements except their test to obtain a probationary certificate. Candidates who would otherwise be expected to complete face-to-face requirements such as clinical teaching will be able to meet these in a virtual setting. Read more here and find more information below about similar developments at the State Board for Educator Certification this week.

As always, ATPE’s Coronavirus FAQ and Resources page is being frequently updated with the latest information on COVID-19 issues for educators.


ELECTION UPDATE: It’s almost election time again! The deadline to register to vote in the July 14 runoff election (and a Texas Senate District 14 special election happening the same day) is Monday, June 15, 2020. For more on registration and why this election is important, check out this week’s blog post by ATPE Lobbyist Mark Wiggins.

Make sure you’re registered and learn what’s on your ballot here. View candidate profiles, including their ATPE survey responses and voting records, on Teach the Vote here. If you feel you meet the eligibility criteria to vote by mail, your application for a mail-in ballot must be received by your local election administration (not postmarked) no later than July 2. Find additional information about voter registration from the League of Women Voters here, plus get election reminders and other resources from the Texas Educators Vote coalition here. Early voting begins June 29!


FEDERAL UPDATE: Facing the unprecedented threat of the deadly novel coronavirus, Congress entered the spring of 2020 with what has become an extremely rare sense of bipartisan purpose, passing four large legislative packages to provide funding for hospitals and health care workers fighting the virus, as well as for businesses and individuals affected by the closures and stay-at-home orders implemented to prevent the spread of COVID-19. The federal CARES Act provided $30 billion for the U.S. Department of Education, including $13.5 billion for elementary and secondary education formula funding to be provided directly to states.

David Pore

ATPE has been tirelessly lobbying Congress to enact laws and policies that protect your ability to effectively educate students and retire with financial security. That includes fighting to repeal the arbitrary Social Security offsets that unfairly reduce the retirement benefits of educators. Read more about how ATPE is advocating for you in Washington, D.C. in this update from ATPE’s federal lobbyist, David Pore, as published in the ATPE News Summer 2020 edition.

 


The State Board for Educator Certification (SBEC) held a special meeting this week to consider a new rule that will allow more flexibility for educator certification candidates undergoing face-to-face requirements such as internships, field experiences, clinical experiences, practicums, and observations. The changes will be limited to the 2020-21 school year and will allow for at least partial completion of these requirements in a virtual setting. Read more about yesterday’s SBEC meeting and the proposed rule language in this blog post by ATPE Lobbyist Andrea Chevalier.


A recent study by researchers at Princeton and Tufts Universities finds that “teachers are people too,” when it comes to racial biases. In the peer-reviewed study published in the prestigious journal Educational Researcher in April 2020, the authors found that teachers, while surely well-intentioned, are no different in their levels of implicit and explicit biases from non-teachers of the same race, level of education, age, gender, and political affiliation. This finding highlights the need for training and supports to help teachers work toward recognizing and combating biases that may negatively impact students. The study authors also point out that due to the progress we must make with respect to teacher racial bias, schools are not likely to be the great societal equalizers that so many conclude they are. Read more about the study here.

Texas election roundup: Registration deadline approaching!

It’s hard to imagine, but we are quickly approaching another important election in Texas! The primary runoff elections that were postponed to July 14 from their original May 26 date are almost upon us. In fact, Monday, June 15, 2020, is the last day to register to vote before this election.

Not sure if you are registered to vote? Check your status online using this handy resource provided by the Texas Secretary of State. It’s a great habit to get into to take two minutes to make sure your voter address and registration status are correct and up-to-date. If you need to register or make corrections to your registration, click here.

While the following saying may or may not be attributable to founding father Thomas Jefferson, it is nonetheless true:

“We in America do not have government by the majority. We have government by the majority who participate.”

This is why ATPE continues to emphasize the importance of voting, and why your vote in a runoff election may be the most influential vote you cast throughout the entire election cycle. That’s because turnout is typically so low in a runoff election that the outcome of each race may be decided by just a handful of voters.

This is a critical time for our state. The candidates voters choose to represent them will have tremendous influence over school funding, state assessments, teacher pay, school safety, and countless other issues that will be even more important in light of the pandemic and the resulting economic recession. To put an even finer point on the matter, candidates elected this year to the Texas Legislature could make the difference in next year’s state budget decisions that will have a direct impact on school district staffing.

Remember also that in many cases here in Texas, the winners of the July 14 runoffs will become the ultimate winners of the final election in November, since so many races in Texas are decided by the primaries and not the general election. If you are eligible to vote in the upcoming runoff, as many of you are, we encourage you to learn about the candidates ahead of the election, and make sure your family and friends turn out to vote, as well.

Find out who is running in your district by checking out the Candidates section of our Teach the Vote website. Read their responses to the ATPE Candidate Survey, check out the incumbent legislators’ voting records on education issues, and arm yourself with the information necessary to make an informed choice in support of public education.

Make your voice heard. Early voting in the runoff elections begins June 29, 2020.

Texas election roundup: Another court decision on mail-in voting

For weeks there has been a back-and-forth battle being waged over Texas voting laws, but that fight may be drawing closer to an end. Today, June 4, the U.S. Fifth Circuit Court of Appeals became the latest in a litany of federal and state courts to weigh in on a debate at the intersection of elections and the coronavirus pandemic: whether to expand eligibility for mail-in voting.

As previously reported here on Teach the Vote, the Texas Supreme Court and a federal district court were the last to weigh in on this issue prior to today’s ruling. A federal district judge previously issued an order to allow all registered voters in Texas to apply for mail-in ballots, based on finding our state’s current restrictions to be unconstitutional. The federal appellate court ruling issued today blocks that district court’s order from taking effect.

While the Fifth Circuit’s ruling today is merely a stay of the lower court’s order, the language used by two members of the three-judge panel demonstrates the appellate court’s dubious view on the merits of using litigation to expand mail-in voting eligibility. We will have to wait to hear a more final word from the appeals court, but it does not appear likely that more people will be permitted to avoid visiting the polls in person while still exercising their right to vote.

Regardless of the final outcome at the Fifth Circuit, the losing side is likely to appeal to the U.S. Supreme Court, which may or may not choose to hear the case. Most cases appealed to the highest court in the nation do not get heard, which means a ruling by the circuit court often becomes the last word on federal judicial matters. Stay tuned to Teach the Vote for updates.

Teach the Vote’s Week in Review: May 29, 2020

These are the strangest last days of school. No bustling students, smiling and excited for summer. No hugs goodbye or “Have a great summer” notes. Socially-distanced graduation ceremonies. Rest assured, students and teachers will be reunited in the coming future, more grateful than ever for the bond that is created during learning. As you start your summer, relax and enjoy some reading on this week’s education news from the ATPE lobby team.


Abbott press conference in Amarillo, May 27, 2020.

CORONAVIRUS UPDATE: On Tuesday, Gov. Greg Abbott issued a proclamation to expand services and activities that can be reopened in Texas, including water parks, driver education programs, and food courts in shopping malls (with limited occupancy). As previously announced, zoos can reopen today, and on Sunday, youth camps and sports can resume activity. Abbott also held a press conference Wednesday in Amarillo to share positive updates on the progress of testing and containment of the outbreak in the panhandle.

On Monday, schools have been authorized to reopen to students with special safety measures in place, such as taking students’ temperatures every day and separating desks by six feet (among many others). Citing logistical concerns with the feasibility of implementing such requirements, Houston ISD and other districts in the area have chosen to implement online-only summer school. Other districts may only offer statutorily-required summer school to rising kindergarten and first grade English learners. Midland ISD is collecting data from parents and teachers on how to proceed with learning in the upcoming school year. Ft. Bend ISD announced this week that it plans to offer a full-time virtual learning option for its students who are not comfortable returning to school in-person in the fall.

As more districts gather input from their communities and make decisions regarding summer and fall learning, we expect to see a variety of approaches emerge. To help educators navigate these changes, ATPE continues to update our Coronavirus FAQ and Resources page. The Texas Education Agency also has updated nearly every topic on its coronavirus-related webpage, including new year-round calendar examples and guidance pertaining to special education, special populations (English language learner summer school guidance), academics (dyslexia screening requirements), student assessment, and funding (CARES Act guidance).


ELECTION UPDATE: This week, the Texas Supreme Court ruled that lack of immunity to the novel coronavirus does not constitute a disability, overturning a lower court decision that would have effectively expanded who can vote by mail in Texas. The court did not, however, side with Texas Attorney General Ken Paxton in forcing local election officials to check the disability status of those who apply for a ballot by mail. A separate case in the U.S. Fifth Circuit is still pending.

In light of the health risks associated with voting in person, Gov. Abbott said this week in an interview (see the 4:30 mark) with Lubbock news station KCBD that he will extend the two-week early voting period for the November 2020 election.

Secretary of State Ruth Hughes this week announced a minimum health and safety protocol for voters and poll workers, which includes bringing your own ballot-marking device and curbside voting if you have COVID-19 symptoms and meet other eligibility requirements. Read more in this week’s election roundup post by ATPE Lobbyist Andrea Chevalier.


FEDERAL UPDATE: This week, U.S. Secretary of Education Betsy DeVos announced that the Department of Education (ED) would begin rulemaking to solidify its guidance directing public school districts to spend federal stimulus funds on private schools. This follows Texas’s issuance of its own CARES Act guidance, which instructs districts to heed ED’s interpretation of the “equitable services” provision within the law.

Betsy DeVos

Many argue that DeVos’s interpretation of how “equitable services” funds should be distributed under the CARES Act is actually inequitable. Her department’s direction could send an unprecedented amount of Title I-based federal emergency dollars to private schools, regardless of their students’ income, language status, or other eligibility criteria typically required by federal education law. Read more about the dispute over CARES Act funding in this blog post by ATPE Lobbyist Andrea Chevalier.

ATPE’s federal lobby team continues to discuss our concerns with lawmakers, and we will provide formal input on any new rules that are proposed by the department. However, it’s been reported that ED may use a “good cause” exception under federal administrative procedures to try to make the rule change effective immediately upon its publication, even before the public comment period expires. The U.S. House passed a new coronavirus relief bill earlier this month that would limit Secretary DeVos’s power to steer federal coronavirus relief funds to private schools, but the Senate has not been willing to consider the measure.


ATPE recently submitted formal comments on proposed rules for the Teacher Incentive Allotment (TIA) established through last year’s House Bill 3. The proposed commissioner’s rules outline key aspects of the TIA’s local optional designation systems, such as data sharing requirements, teacher eligibility, and the district plan approval process. ATPE’s comments to the agency highlight the need to maintain confidentiality in data sharing and recommend other changes to improve the rules. Read more in this blog post by ATPE Senior Lobbyist Monty Exter.


Recent surveys on education during the COVID-19 pandemic show parents and educators are worried about their students, mainly with learning loss and children’s ability to follow social distancing guidelines if they go back to school. They also appear to agree with the general public  in not wanting an extended school year calendar, instead preferring summer school options. Read more about the Learning Heroes Parent 2020 survey and the USA Today/Ipsos polls of parents and teachers in this blog post by ATPE Lobbyist Andrea Chevalier.

Do YOU want to take a survey and share your thoughts, too? Until June 3, ATPE invites educators  to share your concerns about returning to campus for the 2020-21 school year in ATPE’s short, confidential survey. You don’t have to be an ATPE member to participate, so please share the survey with your colleagues, too. Help us develop resources and support Texas educators and students during these uncertain times.

Texas election roundup: Voter safety and a court ruling

The on-again, off-again saga of whether or not all Texas voters can vote by mail continued this week with a ruling from the Texas Supreme Court yesterday. The state’s highest court agreed with Texas Attorney General Ken Paxton that a lack of immunity to the novel coronavirus does not constitute a disability that would enable a voter to be eligible to vote by mail.

The issue remains clear as mud, though, as the court left much to voter discretion, saying, “…a voter can take into consideration aspects of his health and his health history that are physical conditions in deciding whether, under the circumstances, to apply to vote by mail because of disability.” Furthermore, in a rejection of Paxton’s request, the court ruled that local officials can’t reject voters who cite an unspecified disability on their application for a ballot by mail.

As we have been reporting here on Teach the Vote, the debate over mail-in voting is also being heard in the federal court system. Through an administrative stay, a three-judge panel of the U.S. Fifth Circuit Court of Appeals has temporarily blocked a lower court’s ruling to expand vote-by-mail options last week. The fight is likely headed to the U.S. Supreme Court.

Also this week, Texas Secretary of State Ruth Hughes issued a new, recommended minimum health protocol for voters and election workers. Formatted as a checklist, the protocol instructs voters heading to the polls to consider maintaining six feet of separation, self-screening, bringing their own stylus or pencil with eraser, bringing hand sanitizer, and wearing a mask. For those experiencing COVID-19 symptoms, voters are encouraged to consider utilizing curbside voting, if they meet the eligibility requirements. Curbside voting is typically reserved for voters with disabilities who are not able physically able to enter polling locations without assistance or who may be likely to injure their health by doing so. The checklist also includes training and safety measures for poll workers and poll watchers, as well as overall sanitation guidelines for the polling place.

As a reminder, be sure to find what’s on your ballot here and mark the following election dates on your calendar:

  • June 15: Last day to register to vote in July 14 elections
  • June 29 – July 10: Early voting for July 14 elections
  • July 2: Last day to apply for a ballot by mail for the July 14 election. Applications must be received by the election administrator by this date (not merely postmarked).
  • July 14: Election day – Primary runoff elections and special election for Texas Senate District 14 (formerly held by Senator Kirk Watson, D-Austin). Last day for county election administrators to receive ballots by mail.

Find additional nonpartisan election information and reminders at the websites of Texas Educators Vote and the Texas League of Women Voters. Lastly, be sure to check out the candidate profiles here on Teach the Vote to see how your candidates answered the ATPE Candidate Survey and view voting records of incumbent legislators.

Texas election roundup: The mail voting seesaw

The back and forth over calls to expand mail-in voting peaked this week with a flurry of court orders, further confusing what has become a dramatic, partisan fight. One side of the debate believes voters should not be forced to risk their health and the health of their families in order to exercise their fundamental right to vote, while the other side argues there is too much risk of voter fraud to allow the expansion of mail-in balloting.

To bring you back up to speed, Texas faces several lawsuits by individual voters and interested organizations seeking to expand voting by mail. Because Texas law restricts mail-in voting to individuals who meet a narrow set of eligibility criteria, one of which is having a disability, many of the plaintiffs’ arguments call for treating voters’ health-related fears of exposure to the coronavirus as a disability. Governor Greg Abbott and Attorney General Ken Paxton are leading the fight against opening up voting by mail to those voters who fear contracting COVID-19 but may not otherwise qualify for a mail-in ballot. Many states, with Republican and Democratic governors alike, have already decided to expand voting by mail in light of the pandemic-related concerns.

The seesaw through the courts began with a state district court ordering, first, that all Texans who are concerned about contracting COVID-19 should be allowed to vote by mail. Last week, a state appellate court upheld that order. Appealing the ruling on behalf of the state, Abbott and Paxton echoed President Donald Trump’s claim that expanding voting by mail would increase voter fraud, which many election experts say is “extremely rare” and preventable. The all-Republican Texas Supreme Court announced Friday the expansion of mail-in voting would be put on hold temporarily while it considers the case.

Health care professionals and institutions from around the state have since filed a brief to the Texas Supreme Court arguing that COVID-19 would almost certainly be spread at polling locations, even with protocols such as sanitizing voting machines and requiring PPE for in-person voting. According to the brief, “When the risk for injury to registered voters is so severe—potentially deadly—there is little to no benefit for in-person voting when a viable mail-in alternative is already available by statute.”

The Texas Supreme Court heard arguments from both sides on Wednesday, May 20, and Paxton has asked the state’s highest court to quickly issue a ruling.

Meanwhile, the dispute over mail-in ballots is simultaneously playing out in the federal courts, too. On Tuesday, May 19, a federal judge ruled on a similar lawsuit filed in U.S. district court, finding that the state’s current restrictions on voting by mail violate the Equal Protection Clause of the U.S. Constitution and ruling that all registered voters in Texas could apply to vote by mail. Judge Fred Biery wrote in his decision, “The Court finds the Grim Reaper’s scepter of pandemic disease and death is far more serious than an unsupported fear of voter fraud in this sui generis experience.”

Paxton immediately appealed the federal judge’s ruling to the U.S. Fifth Circuit Court of Appeals, which upon Paxton’s request agreed on Wednesday, May 20, to temporarily stay Judge Biery’s ruling while it decides whether to permanently overturn the decision.

Stay tuned to Teach the Vote for updates on the frequently changing status of this debate.

UPDATE: Texas election roundup: Runoff registration

*This post has been updated to reflect the governor’s decision to extend early voting in the July 14 primary runoffs by one week in an attempt to accommodate greater social distancing. Early voting will begin Monday, June 29, as opposed to July 6.

With the endless daily news updates on the coronavirus, it’s easy to forget that there’s still an election creeping up on us. The primary runoff elections that were originally scheduled to be held this month are now set for July 14, although a fierce battle is being waged over the best way to conduct this election in order to ensure the safety of Texas voters. We’ll provide an update on that important battle in a separate post. Instead, today’s post will brush up on who can vote in the runoffs.

In Texas, you don’t have to declare a political party. The primary elections are open, which means that anyone can vote in any primary they choose — but only one! If a single candidate doesn’t win at least 50% of the vote in a primary election with three or more candidates, the top two finishers head to a primary runoff election.

Anyone can vote in the runoffs — even if they didn’t vote in the the primaries! If you didn’t vote in the primary elections, you can vote in whichever party’s runoff you choose. It’s as simple as that.

Now here’s where the rules for runoffs get slightly more complicated. If you voted in the March 3 primary elections, you can only vote in the same party’s primary runoff election. So for example, if you voted in the Republican primary on March 3, then you can only vote in the Republican party’s runoff on July 14. You can’t switch.

So, how do I know if I’m eligible to vote? You have to be registered to vote in the county in which you live. If you’re not sure whether you’re registered — maybe you recently moved — you can check your registration status by clicking here. If you’re an eligible citizen 18 years or older and are not registered, the deadline to register to vote in the runoff elections is Monday, June 15, 2020. If you need to register, click here.

Here is a list of key dates leading up to the election:

  • Monday, June 15: Last day to register to vote in the July 14 elections.
  • Thursday, July 2: Last day to apply for a mail ballot. Applications must be received by the  election administrator on this date.
  • Monday, Jun 29: First day to vote early in person.
  • Friday, July 10: Last day to vote early in person before Election Day.
  • Tuesday, July 14: Primary Runoff Election Day.

Polls will be open from 7:00 a.m. to 7:00 p.m. on Election Day. Mail ballots must be received by the county election administrator by 7:00 p.m. on Election Day, with some exceptions, in order to count.

If you’re unsure of whether there is a runoff election in your district, just check the Candidates tab here at TeachtheVote.org and enter your address. You can also find the full list of runoff races in this blog post by ATPE Lobbyist Mark Wiggins.

As we’ve previously reported, the low turnout typical of runoff elections means your vote in these races could be the single most influential vote you cast this election season! Consider this: Just 23.8% of registered voters participated in the March 3 primaries this year. That’s fewer than one in four! A little under 9% of voters cast ballots in the 2018 primary runoffs, which included a runoff for a statewide race. That means your vote in a runoff election is more than twice as likely to influence the outcome of an election as it is in a primary. And with the unprecedented level of uncertainty around this election in particular, each vote will represent even more.

Speaking of uncertainty, one of the biggest questions remains whether Texas leaders will provide a safe process for voting while the deadly coronavirus is still in circulation. Many voters have expressed a desire for mail-in voting eligibility to be expanded during the pandemic, but state officials are pushing back against the idea. We are monitoring this topic closely and will post new information here on ATPE’s Teach the Vote blog as developments occur.

Texas election roundup: Texans could face serious decision whether to vote during pandemic

Texas voters may have a difficult decision ahead of them when it comes to casting their ballot in the upcoming runoff elections. It’s one that could have serious implications concerning their health and that of their families.

As Americans continue to practice social distancing to combat the spread of COVID-19, election administrators are looking ahead to how to maintain the democratic process while safeguarding citizens from a disease that has become the second leading cause of death in America. The disease has now killed more Americans in a single month than all flu deaths in the previous year — even with most of the country shut down.

The U.S. Centers for Disease Control (CDC) has recommended voting jurisdictions increase the use of mail-in methods of voting in order to minimize the potential for voters to be exposed to the deadly virus, but the expansion of ballot-by-mail to protect voters appears to have become somewhat of a partisan debate.

State law currently allows a voter to mail in an absentee ballot if they are 65 years or older, are disabled, are out of the county on election day and during the period of early voting, or are confined in jail but otherwise eligible. While many states — including those run by Republican governors — have expanded the availability of mail-in voting in order to protect voters, some leaders in Texas are fighting attempts to expand ballot-by-mail and instructing local officials to move forward with in-person voting for the July 14 runoff elections.

The Texas Democratic Party has filed suit in state and federal court arguing that all Texas voters should be allowed to fill out an absentee ballot in order to avoid the potential for infection at a physical polling site. Texas Attorney General Ken Paxton, a Republican, responded by fighting the lawsuit and threatening voters with criminal penalties, including potential felony charges, if they cast an absentee ballot without meeting the current legal requirements. Last week, a state district judge issued an injunction expanding the use of mail-in ballots to all voters who risk exposure to the coronavirus by voting in person. Paxton is expected to appeal the decision on behalf of the state.

President Donald Trump has led the opposition to his own administration’s recommendations regarding mail-in voting by warning of the potential for fraud. While there are slightly higher rates of mail-in ballot fraud than in-person voter fraud, election experts say both are “extremely rare” and can be prevented. A commission launched by Trump to investigate the president’s allegations of fraud in the 2016 elections disbanded in 2018 after finding “no evidence to support claims of widespread voter fraud.”

The consequences of holding in-person elections during a pandemic have already been demonstrated. In Wisconsin, at least 19 people tested positive for COVID-19 and have linked their exposure to the disease to having voted in person during that state’s April 9 elections.

It’s still unclear how long the COVID-19 threat will linger. While some states appear to be nearing a decline, social distancing guidelines likely will continue to be necessary to ensure progress is not lost. Meanwhile, the World Health Organization (WHO) has warned that a second, “more difficult” wave of COVID-19 could be ahead.

Despite the partisan split among political leaders, popular support behind voting by mail is overwhelming. According to a Wall Street Journal/NBC News poll, 67% of Americans support mail-in ballots for the November elections. Some 58% support changing laws to permanently expand voting by mail.

While Texas’ July 14 primary runoff elections are quickly approaching, Gov. Greg Abbott has remained relatively quiet on the issue of expanding mail-in ballots. If the normal rules remain in effect, Texas voters will face the same choice voters in Wisconsin faced earlier this month: Whether to exercise your right to vote or to protect your health and that of your family.