Fifth Circuit Hears Oral Argument in Texas Case that Bans Voters At Polls Using an Interpreter Who Lives in Another County

Posted on by June 8, 2017
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Texas law permits a voter at the polls to bring an interpreter to the polls. However, the law says the interpreter must live in the same county. On June 8, the Fifth Circuit heard arguments in a lawsuit that challenges the constitutionality of the law. The case is Organization of Chinese Americans-Greater Houston v State of Texas, 16-51126. The individual voter-plaintiff, Mallika Das, brought her son to the polls with her in order to translate. However, he was not permitted to be the interpreter because he lived in a next-door county.

The U.S. District Court had invalidated the law. The three judges on the Fifth Circuit panel are James E. Graves, Jr. and Stephen A. Higginson (Obama appointees), and Patrick E. Higginbotham (a Reagan appointee). The state defends the law mostly by saying the plaintiffs lack standing. The only voter-plaintiff died before the U.S. District Court ruling, although there are some organization plaintiffs in the case as well. Thanks to Rick Hasen for news about this case.

UPDATE: anyone can hear the 28-minute oral argument at this link. One of the most interesting facts brought out in the oral argument is that the law not only prohibits residents of other counties from acting as interpreters; it also bans any interpreter who is not a registered voter in the same county. This means that elderly persons who rely on their teen-age grandchildren to interpret for them can’t use their grandchildren to interpret for them at the polls, because someone under age 18 can’t be a registered voter.

The first 36 seconds are silent, so if you choose to listen, just wait for the first 36 seconds to pass, and then you will hear the argument.

Poll of California Gubernatorial Race Shows Two-Democrat Race in November 2018 is Somewhat Likely

Posted on by June 8, 2017
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An Institute of Governmental Studies poll of the California gubernatorial election of 2018, released June 8, shows these results: Gavin Newsom 22%, Antonio Villaraigosa 17%, John Cox 9%, David Hadley 7%. Newsom and Villaraigosa are Democrats and both have declared. Cox and Hadley are Republicans. Cox has declared his candidacy, but Hadley so far has only said he is exploring running. He is a former Assemblymember.

Even though June 2018 is a year away, these results show the potential for a November 2018 race between two Democrats, with voters not being permitted to vote for anyone else in the election itself. That would resemble the 2018 California U.S. Senate race, which was also between two Democrats.

Gallup Poll on Party Identification Shows Increase in Voters Who Don’t Even “Lean Toward” Either Major Party

Posted on by June 7, 2017
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Every few months, Gallup asks voters if they identify as Democrats, Republicans, or something else. For respondents who say they are something else, they are then asked if they lean toward either the Republican Party or the Democratic Party.

During the last few months, the percentage of voters who identify as Democrats, or who say they lean toward the Democratic Party, has remained the same, at 45%. The percentage of voters who identify as Republicans, or who say they lean toward the Republican Party, has dropped from 40% to 38%. See the results here. The poll was taken during May but only released on June 6. Thanks to Political Wire for the link.

Wisconsin Opponents of Partisan Gerrymander File Brief with U.S. Supreme Court

Posted on by June 7, 2017
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On June 7, the Wisconsin voters who sued their state over its partisan gerrymander, and who won their case in a three-judge U.S. District Court, filed this brief in the U.S. Supreme Court. The voters hope that the U.S. Supreme Court (which won’t decide whether to hear the state’s appeal until October 2017 at the earliest) will not stay the lower court decision. If no stay is granted by the U.S. Supreme Court, then the Wisconsin legislature will be forced to redistrict the legislative districts this year, or else the U.S. District Court will do it this year.

The U.S. Supreme Court will consider whether to grant a stay at its June 8 conference, but the news from that conference won’t be announced until June 12. Thanks to Barry Burden for the link.