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Early Voting Comparison Chart November General Elections
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http://www.co.bexar.tx.us/elections/EV_Comparison_98-00-02/ev_comparison_98-00-02.html |
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.