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Texas is Shining the Light on the Dark Money in State Politics

Election Law Society · November 20, 2014 ·

By Vanessa Rogala

The Lone Star State has decided to shine some of its Texas sun on the dark money used in elections. “Dark money” is a phrase commonly used to describe donations made by undisclosed donors. For the last several years, dark money been a growing concern in federal and state elections. According to the Center for Responsive Politics, spending by political organizations that do not disclose their donors increased from approximately $5.2 million in 2006 to over $300 million in the 2012 election. Some credit this rapid increase in dark money to the United States Supreme Court’s decision in Citizens United v. Federal Election Commission, which held that the federal government could not limit organizations from spending money to influence the outcome of elections. And, in an 8 to 1 decision, the Supreme Court also held that Congress can compel disclosure of that  money spent on influencing elections, stating, “prompt disclosure of expenditures can provide shareholders and citizens with the information needed to hold corporations and elected officials accountable for their positions and supporters.” The Supreme Court’s push for disclosure, however, launched the creation of super PACs and the growing use of disclosure loopholes. Given how quickly dark money has become an influential factor in elections, many states, including Texas, are attempting to address dark money within their borders. [Read more…] about Texas is Shining the Light on the Dark Money in State Politics

Battleground Texas May Also be Battling Texas Voter Registration Laws

Election Law Society · October 16, 2014 ·

By Vanessa Rogala

With thirty-eight electoral votes at stake, the idea of the Lone Star State possibly being in play for the 2016 Presidential Election is an intriguing one. Given the Texas gubernatorial election is coming up in November, some have wondered whether this current push towards Democratic leadership will actually make any significant changes to the political makeup of the state. One of the organizations attempting to paint the face of Texas politics blue is Battleground Texas. With over sixteen thousand active volunteers, Battleground Texas has gotten the attention of voters and the Texas GOP. In order to reach their lofty goal, the organization focuses on increasing voter registration and motivating already-registered Texans to continue or begin participating in the democratic process. Since Texas has bled red for a long time now, Battleground Texas’ goal is an uphill journey with numerous bumps on the road, to say the least. The Democratic organization, however, never expected one of those bumps to include a run-in with Texas election laws. [Read more…] about Battleground Texas May Also be Battling Texas Voter Registration Laws

Messing with Texas: Election Passes, But Litigation Continues

Election Law Society · January 10, 2014 ·

By Melissa Jensen

Election Day on November 5 marked the first time Texas’ controversial voter ID laws were affected in the state. And the results were mixed. There is little evidence that the law suppressed voter turnout. Out of the state’s 13.4 million registered voters, only 1.1 million cast ballots in the 2013 election, about 8.5 percent of the electorate. Compare this to 2011 and 2009, other election “off years.” In  2011 when only 5.4 percent of voters showed up. In 2009, about 1 million people cast ballots, about 8.1 percent of the electorate. So as far as the numbers go, voting seemed on par.

[Read more…] about Messing with Texas: Election Passes, But Litigation Continues

The Expense of Raising School District Taxes in Texas: A Vignette of Booker ISD

Election Law Society · January 8, 2013 ·

by Andrew Lindsey

Texans are very hands-off when it comes to taxes. Unlike many other states, Texas has no state personal income tax, property tax, or inheritance tax, and local taxes are not allowed to exceed low percentages of the state taxes that do exist. In addition, all local taxes are subject to further taxpayer protections collectively referred to as “Truth in Taxation” laws, which is a combination of state constitutional and statutory provisions that restrain local governments from raising taxes through accountability mechanisms such as requiring notice of higher tax proposals and the holding of public hearings for citizens to question and oppose proposed tax increases.

School boards are just one of the many kinds of local government entities that Texans support through their taxes. Even if one does not work for a local school or send children there, it is obvious that the maintenance of a public school system is one of the most important (and expensive) government functions for any community. Perhaps for this reason, Texas law treats the process for setting school district tax rates differently than other local tax rates. Truth-in-taxation requirements were expanded for school districts during the 79th Texas legislative session through an initiative originally contained in House Bill 1006, and eventually incorporated into House Bill 1. This initiative both lowered the tax rate that school districts would be allowed to charge in the future, and made it more difficult to increase those rates above what was charged in the preceding year. One component of this increased difficulty (in addition to notice and public hearings) is that school districts must hold a district-wide election for the approval of tax rates which exceed the statutory default rate by a certain amount of cents. If a simple majority of voters support the new tax rate, then the district may adopt it. These elections are known as “tax ratification elections” (or TREs). [Read more…] about The Expense of Raising School District Taxes in Texas: A Vignette of Booker ISD

Mail-In Ballot Fraud: Harvesting Votes in the Shadow of Texas’ Voter ID Controversy

Election Law Society · November 4, 2012 ·

by Andrew Lindsey

Almost every American realizes that democracies are only as legitimate as their rules for counting the votes. Voter fraud is an unfortunate reality in this country that undermines citizens’ faith in the electoral franchise, but few agree on its pervasiveness. Recently, a number of states have moved to enact stricter voting laws based on a concern that voter fraud is a considerably underrated threat to our electoral system. Opponents of these laws maintain that lawmakers are engaging in partisan exaggeration to disenfranchise minority constituents, and numerous lawsuits have already been filed in both state and federal court. Texas is a salient example, and many predict that the recent ruling against its voter identification (ID) law will make its way to the Supreme Court in the near future. [Read more…] about Mail-In Ballot Fraud: Harvesting Votes in the Shadow of Texas’ Voter ID Controversy

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