Early-voting ballots in Bexar ruled illegal

San Antonio Express News ^ | 11/02/2002 | Sherry Sylvester

[wildbill]

As the last day of early voting wound down Friday, a federal judge ruled that the two-sheet ballot Bexar County has been using for two weeks violates state and federal laws.

U.S. District Judge Edward C. Prado wrote that the ballot, which requires voters who want to vote a straight ticket to mark both sheets, "is a change affecting voting and is ineffective without preclearance from the Department of Justice under Section 5 of the Voting Rights Act."

The League of United Latin American Citizens, which filed the lawsuit protesting the two-sheet ballot, and the Democratic Party of Texas, which intervened in the lawsuit, had asked Prado to give specific instructions, but the judge declined, saying state law leaves that decision up to the ballot board.

The unexpectedly long ballot required voters to mark two sheets if they wanted to vote a straight ticket for a political party. In previous elections, straight-ticket voters had to mark only one sheet.

Bexar County Democratic Chairman Gabe Quintanilla, who served as the attorney for the State Democratic Party, predicted the ballot problems would continue to haunt the upcoming election.

"No matter who wins or loses in any of the races on this ballot, there will probably be a lawsuit by the loser," he said.

Republican officials were not available for comment late Friday.

[wildbill]

Early voting by Absentee Ballots is traditionally Republican. Both parties had to sign on to the original ballot. It wasn't til later that LULAC and the Dems came up with their lawsuit, claiming their voters couldn't follow directions and mark two Xs on the ballot. Pretty clever ploy to disenfranchise your opponents.

[lelio]

Why two sheets? Are there that many things to vote on down there? Why couldn't this have been settled months ago? These absentee ballots are just a nightmare.

[sinkspur]

Early voting by Absentee Ballots is traditionally Republican.

And Republicans will come to the polling places on Tuesday; Democrats won't.

LULAC shoots itself in the foot again.

[NormsRevenge]

The League of United Latin Aztlan American Citizens :-?

I notice they managed to somepow slip the word American in their name... How repulsive. Educate your damn members how to vote, why don'tcha?

[twas]

LULAC shoots itself in the foot again.

We can only hope so.

[NormsRevenge]

somepow=somehow

[deport]

U.S. District Judge Edward C. Prado wrote that the ballot, which requires voters who want to vote a straight ticket to mark both sheets, "is a change affecting voting and is ineffective without preclearance from the Department of Justice under Section 5 of the Voting Rights Act."

So they are going to disenfranchise the early voters? LOL..... What happened to the mantra "count every vote"

As of Thursday with one day left to report, Bexar County had 107,645 votes or 12.18% of the registered voters. Friday was the last day to vote early and that number hasn't been posted.

http://www.sos.state.tx.us/elections/earlyvoting2002/index.shtml

[Spyder]

And Republicans will come to the polling places on Tuesday; Democrats won't.

Unfortunately, a lot of the absentee votes out of Bexar county are from the military who aren't even close to Texas and who can't go to the polls. With Lackland, Brooke Army Medical Center, Brooks, Randolph, and Ft. Sam Houston (technically same as BAMC), any soldier or airman ever stationed there still on active duty can claim Texas as home of record, which is a big incentive since TX doesn't have an income tax.

[WOSG]

Massive disenfrachisement of voters!!!!

This is sickening!

These Democrats want to do a rerun of Florida ... Oh please let us win these races and have them not even be close!

[PAR35]

Yes, Bexar county is a democratic stronghold full of core Sanchez voters. While early voting generally favors the Republicans, it does appear that LULAC has shot itself in the foot this time.

[Dog Gone]

Your headline is false and not the one the newspaper used. The ballots have not been thrown out, as the rest of the story you didn't post makes clear.

Don't try to mislead us. The media does enough of that without assistance on your part.

[Tacis]

The article doesn't mention motivation. Bexar County is where San Antonio and many military basis are located. Voiding these ballots disenfranchises many military voters and the Republicans should be beating this drum all over the country, "With war around the corner, the America-hating, sleazy, pro-Iraqi dems don't want our brave men and women to vote!"

At the same time, some.many of these absentee/early ballots are from dead Mexicans and illegal Mexicans and I wonder why these would be challenged. No matter how many are military, Sanchez, the drug lord dem candidate ffor Texas governor, could manufacture thousands of additional absentee ballots through his cartel colleagues in deep Mexico.

[dalebert]

any mention of an appeal?

[TheErnFormerlyKnownAsBig]

What happened to the mantra "count every vote"

Don't forget the "voter's intention".

[Dog Gone]

There's nothing to appeal. The ballots have not been thrown out, and a change has been made for the ones on Tuesday's election so that it's clear that you only have to mark a straight ticket on one sheet.

[PAR35]

Instructions from the sample ballot:

(Vote por el candidato de su preferencia en cada carrera llenando completamente el espacio ovalado a la izquierda del
nombre de ese candidato. Usted podrá votar por todos los candidatos de un solo partido politico (es decir, votar por todos los
candidatos nombrados del mismo partido politico) llenando completamente el espacio ovalado a la izquierda del nombre de dicho
partido politico. Si usted vota por un solo partido politico (“straight-ticket”) y también vota por el contrincante de uno de los candidatos
de dicho partido politico, se computara su voto por el contrincante tanto como su voto por todos los demás candidatos del partido
politico de su preferencia. Usted podrá votar inserción escrita escribiendo el nombre del candidato en la linea provista y llenando
completamente el espacio ovalado a la izquierda de la linea. Solamente use el marcador provisto o un lápiz de #2.)

Linked from here:

http://www.co.bexar.tx.us/elections/

[deport]

Comparison for Bexar County early votes...... They have had an increase over 98 but that year the turnout was down.

Early Voting Comparison Chart

November General Elections

Early Voting in	1998	2000	2002
Day 1	1,507	7,874	5,171
Day 2	Closed due to rain	4,230	2,434
Day 3	2,470	9,369	6,825
Day 4	4,070	11,364	7,294
Day 5	4,168	1,179	6,849
Day 6	4,311	11,502	4,173
Day 7	4,276	12,755	7,688
Day 8	4,621	15,093	8,368
Day 9	2,059	6,687	3,653
Day 10	5,719	16,267	8,444
Day 11	6,650	15,010	10,549
Day 12	7,778	16,334	10,346
Day 13	8,862	19,679	12,019
Day 14	14,821	26,207	18,202
Totals	71,312	173,550	112,015

 

http://www.co.bexar.tx.us/elections/EV_Comparison_98-00-02/ev_comparison_98-00-02.html

[CyberAnt]

Geeee, I'm sorry - did you miss that memo ...

"count every vote" is only for democrats!

But ... you knew that - right??

[GretchenEE]

bump

[Dog Gone]

Here's the full story:

As the last day of early voting wound down Friday, a federal judge ruled that the two-sheet ballot Bexar County has been using for two weeks violates state and federal laws.

U.S. District Judge Edward C. Prado wrote that the ballot, which requires voters who want to vote a straight ticket to mark both sheets, "is a change affecting voting and is ineffective without preclearance from the Department of Justice under Section 5 of the Voting Rights Act."

Prado noted that Bexar County already has arranged for a one-page ballot that meets legal standards to be available in all polling places on Election Day next Tuesday.

But he did not provide specific instructions to the county on how to resolve questions that may arise when counting the more than 100,000 early voting ballots that already have been cast in the election.

Instead, he said, those issues should be resolved by the Early Voting Ballot Board, which reviews early ballot counting.

The League of United Latin American Citizens, which filed the lawsuit protesting the two-sheet ballot, and the Democratic Party of Texas, which intervened in the lawsuit, had asked Prado to give specific instructions, but the judge declined, saying state law leaves that decision up to the ballot board.

Bexar County Elections Administrator Cliff Borofsky said the secretary of state will have a staff member on hand to observe the Early Voting Ballot Board when its members review the ballots.

Bexar County learned the ballot was problematic just a few days before early voting was set to begin on Oct. 19.

The unexpectedly long ballot required voters to mark two sheets if they wanted to vote a straight ticket for a political party. In previous elections, straight-ticket voters had to mark only one sheet.

Fears that the starting date would have to be changed prompted LULAC to seek a temporary restraining order to force Bexar County to begin early voting as scheduled. The state Democratic and Republican parties both joined the suit.

That issue, however, was rendered moot when Bexar County officials and the two political parties decided to begin voting as scheduled, despite having to use the two-sheet ballot.

The plaintiffs also argued the two-sheet ballot requiring two marks for a straight-ticket vote was a change that should have been cleared by the Justice Department.

Meanwhile, a new ballot has been printed to be used on Election Day that will require single-party voters to make only one mark on the first sheet. The second sheet lists uncontested races, a proposed constitutional amendment and non-partisan races.

Prado said that, while the change to a new ballot has not been formally cleared by the Justice Department, the election should continue as if it had been precleared.

He noted that the approval process has been started, and all sides have agreed the new ballot should be used on Election Day.

Bexar County Democratic Chairman Gabe Quintanilla, who served as the attorney for the State Democratic Party, predicted the ballot problems would continue to haunt the upcoming election.

"No matter who wins or loses in any of the races on this ballot, there will probably be a lawsuit by the loser," he said.

Republican officials were not available for comment late Friday.