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The Voter Suppression in Dallas That No One Is Talking About

Polling station in Dallas | Priorities: Nathan Johnson for Texas State Senate, District 16

D Magazine | By Alex Macon

This one weird trick could double Dallas' low voter turnout. So why don't city leaders want to try it?

In his last year in office, former Mayor Mike Rawlings made it known there was one more big thing he wanted to do: move city elections from May to November. For City Council and mayoral races, voter turnout in Dallas is among the worst in the country. Moving these elections to November, when voters here tend to put up more respectable numbers deciding on state and national contests, would increase participation in local politics. Almost nobody disputes this.

Simple enough, then. Move local Election Day to November and watch turnout shoot up. But Rawlings couldn’t get it done by the time his term ended. He didn’t really get that close. And among elected officials in Dallas, this was—and remains—a lonely position.

“Politicians don’t want it, because they want to stay elected. As long as they keep turnout down, they think they’ve figured out how to stay elected,” Rawlings said this week. It’s been more than two years since he left office, and more than two years since he failed to get local elections moved to November. It’s still pretty easy to get the former mayor fired up on the subject.

We’re worse off as a city when a small amount of voters decide who has power, Rawlings says, and he’s “blown away” that people opposed to restrictive new voting rules being considered by the Texas Legislature aren’t also “out rallying about” how holding municipal elections in May privileges a select few voters. (A separate bill now being floated by state lawmakers would allow Texas cities to change their local election dates; more on that in a bit.)

“I find very few elected officials that think this is a good idea,” he says. “Sad to say, most of them believe an educated small group of voters is better than a large amount of turnout. The last time I looked, that’s voter suppression.”

Politicians prefer the status quo and the media doesn’t cover it, and so many voters understandably don’t even know when Election Day falls in May, he says. Turnout for Saturday’s Dallas City Council elections was as low as ever. Dallas County registered a turnout of less than 10 percent of registered voters, which is especially bleak when compared to the record-breaking 66 percent who showed up for last November’s presidential election.

“As you will see with the City Council election runoffs in June, in some of these races there will be 50 or 100 people who decide the future of major issues in this city,” Rawlings says. 

History backs him up there, and the numbers also support the notion that holding local elections in November would juice turnout. In the last decade, Texas cities including Austin and El Paso moved city council and mayoral elections from May to November of even-numbered years and watched their turnout improve. Austin’s turnout for its 2018 mayoral election was over 41 percent, almost three and a half times Dallas’ turnout for our mayoral race in 2019. (Voters in Austin, who moved mayoral elections to even-numbered years coinciding with gubernatorial races in 2012, on Saturday approved switching again to line them up with presidential elections.)

Houston has long held its city elections in November of odd-numbered years, when they won’t coincide with presidential, gubernatorial, or federal mid-term elections. Even that works better. Houston voters regularly turn out in much greater relative numbers than their counterparts in Dallas, San Antonio, and Fort Worth, three cities that continue to hold elections in May. In 2019, when all four cities held mayoral elections, Dallas had 12.5 percent turnout. San Antonio was at 11.5 percent and Fort Worth a little more than 9 percent. In Houston, turnout topped 22 percent. You don’t see this turnout disparity for presidential elections.

This is according to data compiled by federal political analyst David de la Fuente, a Dallas resident who is drafting a white paper that urges the city of Dallas, Dallas ISD, and Dallas College to move their elections to November of odd-numbered years. There would be some kinks to work out (Dallas ISD would have to change its trustees’ three-year term lengths, for example), but the transition would be relatively smooth and the benefits are extremely clear. Consolidating elections would be cheaper, for one thing, de la Fuente writes. It would increase turnout, as the cases of other cities in Texas demonstrate. And it would be the right thing to do.

“Low turnout is the cause of the battle between structural impediments and apathy,” de la Fuente writes. “By reducing the structural impediments, Dallas can make a promise to its voters that turning out isn’t such a hassle…Dallas’ local governments can make a promise to voters that if they just show up every November, they won’t miss a chance to elect a government of their choosing at every level from president to school board.”

Those structural impediments aren’t easy to overcome, as shown by Rawlings’ previous efforts. Whatever pushback he might have received from his elected colleagues at the time, the former mayor’s public drive to move elections also hit a dead end in Austin. Two years ago this month, Rawlings spoke to legislators in support of a bill that would have allowed city council members and then voters in Dallas to decide whether to move local elections to November.

It’s unclear whether other Texas cities that changed their election dates in the last 10 years applied for state permission before the fact. Changes to Dallas’ city charter, which outlines the date for municipal elections, require voter approval. Typically, to get proposed changes to the charter on the ballot, you need the support of a majority of City Council members or a petition collecting the signatures of more than 10 percent of registered voters in Dallas. “We can do petitions, but the easiest thing is to get it done in a legislative session,” Rawlings says. “They gave permission to Austin and El Paso and Houston. They didn’t give us the permission.”

Rawlings says the city attorney told him that this sort of legislative approval was required. (The city attorney’s office didn’t respond to my messages; a city of El Paso spokesperson sent over the minutes of a 2013 meeting in which the city council there voted to put an election date change to the city charter on the ballot, which as far as I can tell makes no mention of legislative permission.) Rawlings’ recollection does jibe with the memory of state Sen. Nathan Johnson, D-Dallas, who filed the 2019 bill that would have cleared the way for Dallas to take the issue to voters.

“As I recall, statutorily the only cities that could do that have been given permission by the legislature,” Johnson says. “They [Austin and El Paso] had already been given permission.”

Whatever the case may be, the bill died.

“It shot out of the Senate like 30-to-1 or something,” he says. “In the House, there was substantial resistance. It turned partisan, frankly. There were conservative Republicans in the Senate who thought it was awesome. Conservative Republicans in the House thought it was some sort of ploy to get people to vote more often.”

It may have been another victim of the battle over local control between the Texas Legislature and Texas cities, which has grown fiercer in recent years. “There is a really strong bent in the Legislature these days to control decisions that might be made better at the municipal level,” Johnson says.

But even as state lawmakers now consider new rules that would make voting significantly harder for many residents, another bill has surfaced this legislative session. This time it is a House bill “authorizing certain political subdivisions to change the date on which their general election for officers is held.” House Bill 2640 would let any city in Texas take steps to change their elections to be held in November. The bill has made its way out of the house and to the senate, says Johnson, who’s supportive of moving local elections to November for many of the same reasons as Rawlings.

It’s true that, if local elections were moved to November in even-numbered years, voters hoping to cast a ballot for their presidential or congressional pick may not bother with the unrecognizable city council candidates whose names would appear toward the bottom of the ballot. But “even if you assume a ridiculously high rate of ballot dropoff, you’re still going to triple your voter turnout,” Johnson says.

It’s also true that federal and state elections get more attention than city contests, but Dallas’ perennially low voter turnout seems like evidence that local candidates aren’t exactly grabbing the spotlight even with less crowded ballots in the spring. And voters can still get informed about City Council races alongside items higher on the ballot.

“While I understand that national and state issues might overshadow local elections, it’s not like these [local] issues are getting a whole hell of a lot of attention outside of yard signs,” Johnson says.

“Most of them believe an educated small group of voters is better than a large amount of turnout. The last time I looked, that’s voter suppression.”

FORMER MAYOR MIKE RAWLINGS

Opponents of moving local elections to November often fret that it would inject partisanship into ostensibly nonpartisan city elections. (Partisan elections, as a rule, do have higher turnout.) Yet even if they don’t have a D or an R next to their name, local candidates nevertheless have a partisan bent and often have partisan organizations behind them, Johnson says. “I personally would rather see more people decide on elections.”

With battles over voting rights taking place across the country, it’s evident that most discussions of expanding or restricting voting access are in fact framed in partisan terms. It’s almost refreshing that the opposition in Dallas to moving elections to November is so nonpartisan.

It comes from all over the political spectrum. An interest group that is already active in local politics, be it a parent-teacher association or a police union or a homeowners’ Facebook group united against high-density housing, may have a stake in keeping turnout low. If hardly anybody votes, activists and members of organized groups who do vote make up more of the electorate. With the majority of potential voters silenced, certain voices get a louder say.

Research shows this tends to disproportionately benefit people who are more highly educated, wealthier, and usually Whiter than nonvoters. In Saturday’s City Council elections, northern council districts saw much higher voter turnout than southern districts, which is typical. (Dallas’ single-member council districts prevent voters in the northern half of the city from stacking the city council, but the mayor is elected at-large.)

By keeping local elections in May, you might get a more engaged or more informed electorate, although a whole lot of hand-wringing over so-called low-information voters feels misplaced. Who’s to say that a November voter wouldn’t take the time to read a voter guide about City Council candidates, or that a May voter is making a deeply thought-out choice in line with their principles rather than a gut pick based on a misleading campaign mailer they saw about defunding the police? Human nature is irrational, no matter when we vote. Regardless, it’s clear that at the very least our current electorate is not representative of the people who live in this city.

State legislators may or may not give the OK for cities to move their elections. Without a champion for November elections on the Dallas City Council, it might not matter. A spokesman for Mayor Eric Johnson didn’t respond to an email.

That doesn’t mean council members are necessarily happy with the status quo of low turnout. Councilman Casey Thomas, who cruised to re-election Saturday with 2,530 votes (or more than 82 percent of ballots cast in District 3 in southern Dallas), was active in voter outreach efforts last year despite not being on the ballot. He does not, however, support moving local elections to November. Yes, turnout would increase, because people would be voting on other races, he says. Yet that “takes some of the onus of responsibility off of the [local] candidates,” he says. “The candidates should be responsible for encouraging people to vote.”

Last summer, Thomas started a group called Our Vote Is Our Voice to engage voters ahead of July primaries and November’s presidential election. The nonpartisan group got volunteers to write down the names of five other people, and then invited them to vote. On Election Day, Thomas and others organized a “vote caravan,” driving through neighborhoods in southern Dallas, Oak Cliff, and South Dallas to get out the vote. They got pastors to urge their congregations to go vote after (mostly virtual) church services. They organized voter registration drives at barbershops and beauty shops. They reached out to formerly incarcerated people as well as young adults and others that tend to vote in lower numbers, telling everybody, everywhere: go vote.

Thomas thinks turnout is so low for local elections in part because there hasn’t been a concerted effort to keep people engaged year-round, in between elections. Some of the work Our Vote Is Our Voice plans to do in the future involves voter education, whether it’s in the form of voter guides or the block-by-block grassroots work it’s already done. “You have to identify those issues that are important to people on a local level,” he says.

That kind of outreach is surely necessary to any serious effort to increase our miserable voter turnout and involve residents in the democratic process. But if city leaders discard the possibility of moving local elections, they’re giving up a proven way to get people to the polls. They’re also discounting what voters apparently want. In cities like Austin and El Paso, it was voters—not city or state officials—who ultimately decided when they wanted their elections to be held. In Dallas, it doesn’t look like we’re even going to get the choice.

“We have to believe that our society will be better the more people we get involved,” Rawlings says. “One of the ways we get involved is voting.”

What Dallas needs to decide is whether we do actually believe that. Then the choice becomes simple. Our options become clear. We either want more people to vote—or we don’t.

Texas Senate Passes Constitutional Carry Bill

Nathan Johnson takes on Texas Republicans to secure big wins for the working people of Dallas

CBS DFW | By Jack Fink

AUSTIN, Texas (CBSDFW.COM) – After about six hours of debate, the Texas Senate passed a permit-less or constitutional carry bill, 18-13.

Under House Bill 1927, Texans 21 and older would no longer need a license, training, and to pass a test to carry a handgun in public.

That’s already the case when it comes to long guns.

Supporters say most people who buy a gun will still need to pass a federal background check.

Senator Charles Schwertner, R-Bryan, who laid out the bill said, “We cannot allow another session to come and go where we paid lip service to the second amendment while failing to fully restore and protect the rights of citizens granted by the constitution.”

Republican Senator Jane Nelson of Grapevine said while she strongly supports the second amendment, she was concerned about domestic violence victims.”I’ll be real honest with this, and people on the floor know, I have struggled with this.”

Schwertner told Nelson that he would introduce amendments that would stiffen state penalties against convicted felons caught carrying handguns.

The amendment would boost the crime to a third-degree felony from a second-degree felony, and would mandate a five year state prison sentence, which is an increase from a two year sentence.

Nelson said, “You have assured me that one of these amendments will address that issue and we’re not going backwards on that.”

Schwertner told her, “We’re actually enhancing penalties on one of the amendments regarding domestic violence.”

Nelson said, “I’m so happy to hear that.”

Many police chiefs, including Eddie Garcia of Dallas, and Jimmy Perdue of North Richland Hills, oppose the measure saying the public should still be required to be trained on how to use and store handguns.

Chiefs are also worried about keeping criminals from carrying weapons.

Republican Senator Kelly Hancock announced that Tarrant County Sheriff Bill Waybourn supports the legislation.

We called the Sheriff’s department to confirm, but haven’t heard back.

Democratic Senator Beverly Powell of Fort Worth read a message from her son who was recently attacked by a homeless person in Austin. “This bill wouldn’t have made me safer that day. It sure as hell won’t make Texas safer.”

She also expressed concern that many officers oppose the bill. “I don’t believe that I saw a single police chief or a police association testify in favor of this legislation.”

Schwertner said despite past concerns by police organizations that there would be shoot-outs on street corners, “That never has come to bear.”

Democratic Senator Nathan Johnson of Dallas criticized supporters who call this constitutional carry, citing a past opinion by the late Supreme Court Justice Antonin Scalia, who said states could regulate the second amendment and require permits. “If anybody refers this to constitutional carry, they’re talking about something that doesn’t exist. They’re taking in vein our founding documents.”

Most Democrats oppose the bill, while most Republicans support it.

The full House passed the legislation, but the bill approved by the Senate will return to the House for members to consider the amendments.

Governor Greg Abbott has said he intends to the sign the bill when it reaches his desk.

Lt. Gov. Dan Patrick issued this statement following the passage of House Bill 1927:

“I am proud that the Texas Senate passed House Bill 1927 today, the Constitutional Carry bill, which affirms every Texan’s right to self-defense and our state’s strong support for our Second Amendment right to bear arms. In the Lone Star State, the Constitution is our permit to carry. I congratulate Senator Charles Schwertner for his leadership on this important issue and for the thoughtful and respectful debate in the Texas Senate today. We have moved quickly on this legislation and I want to thank all those involved who helped gather the votes needed to pass this historic bill.”   

The following statement was released by the Texas Senate Democratic Caucus Chair Carol Alvarado on behalf of the caucus:

HB 1927 strips away the last remaining safeguards protecting Texans from untrained and unfit individuals being able to carry a handgun in public.

Current state laws protect Texans from felons, domestic abusers and those subject to domestic violence restraining orders who seek to arm themselves. People charged or convicted of class A or B misdemeanors in the prior five years, persons who are chemically dependent or people “incapable of exercising sound judgment with respect to the proper use and storage of a handgun” cannot currently get a license to carry in Texas. However, under HB 1927, these people would be free to carry a handgun in public.

By getting rid of the basic requirement to obtain a license to carry and background checks, Texas Senate Republicans are making it easier for dangerous individuals to carry a gun nearly everywhere they go.

Texas is in the midst of a gun violence epidemic. Twenty-seven Texans were killed in Sutherland Springs. Six months later, 10 more were killed at Santa Fe High School. One year later, 23 were gunned down at a Walmart in El Paso. One month after that, seven were killed in Midland-Odessa. In an average year, nearly 3,500 Texans are killed by a gun, and another 9,000 suffer from a gun-related injury. Despite these alarming facts and strong opposition from the Texas Police Chiefs Association and the Texas Municipal Police Association, the Republicans in the Texas Senate have prioritized more unregulated guns at the expense of public safety.

Texans know we need more gun safety laws, not less. Law enforcement knows this bill puts officers in harm’s way. License to carry instructors testified that some individuals they train lack such basic knowledge of firearms that they load bullets into a gun’s chamber facing the wrong direction. Private property rights are being undermined and businesses are saddled with the burden of enforcement while trying to recover from the pandemic. It seems that the only people in Texas who support doing away with a license to carry, background checks and basic firearm safety training are Republican lawmakers.

HB 1927 makes Texans less safe, plain and simple. That is why the Texas Senate Democratic Caucus stood united in staunch opposition to this dangerous legislation.

Transgender students in Texas would be barred from school sports teams matching their gender identity under a bill advanced by state Senate

Nathan Johnson fights for students and LGBTQIA+ rights | Priorities: Nathan Johnson for Texas State Senate, District 16

The Texas Tribune | By Shawn Mulcahy

The proposal would prohibit students from participating in a sport “that is designated for the biological sex opposite to the student’s biological sex as determined at the student’s birth.”

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Transgender students would be banned from competing on school sports teams based on their gender identity under a bill that passed the Texas Senate on Thursday.

Despite immense opposition from civil rights groups and Democrats, the upper chamber voted on an 18-12 vote to advance Senate Bill 29. The measure now heads to the Texas House.

The proposal would prohibit students from participating in a sport “that is designated for the biological sex opposite to the student’s biological sex as determined at the student’s birth.” Students would be required to prove their “biological sex” by showing their original, unamended birth certificates.

State Sen. Charles Perry, R-Lubbock, argued on Wednesday that the prohibition is necessary to keep girls safe from injury and to retain fairness in interscholastic athletics. But Perry acknowledged that he doesn’t know of any transgender students currently competing in Texas school sports.

And medical professionals have largely debunked the argument that transgender athletes have an advantage, with one study showing people taking hormones did not have a significant performance edge in distance running.

Opponents said the Republican leadership-backed bill was a “fear tactic” in search of a problem that doesn’t exist.

“Trans kids, they just know they are not what their birth certificate says,” said state Sen. José Menéndez, D-San Antonio. “And that’s where we’re creating a problem that we don’t need to.”

The measure would codify existing school athletic policy. The University Interscholastic League of Texas, which governs high school athletics and extracurricular activities, currently relies on students’ birth certificates to determine whether they participate in men’s or women’s athletics. Notably, the UIL recognizes changes made to birth certificates to alter a student’s gender marker, though that would no longer be allowed under the proposal.

Both the NCAA, the governing body for college athletics, and the International Olympic Committee allow athletes to compete based on their gender identity.

State Sen. Nathan Johnson, D-Dallas, suggested that if lawmakers were truly concerned with player safety, they’d focus on legislating injury-prone contact sports such as football. He also worried that the proposal could be harmful to cisgender or nonbinary students whose gender expressions don’t align with traditional social constructs. And he questioned whether his colleagues were trying to legislate a situation that isn't widespread.

“I think we spend a lot of time anticipating things that aren’t going to happen,” Johnson said. “If this becomes a real problem, there might be a more subtle way we can handle it.”

Wednesday afternoon, Equality Texas held a news conference outside the Capitol building in Austin to bring awareness to over 30 bills filed in the legislature that would discriminate against LGBTQ youth. Ricardo Martinez, the organization’s CEO, noted that the first of these anti-trans bills was filed 156 days ago, on the first day of bill filing for this session.

“That day kicked off the Texas portion of a nationally-coordinated attack on our community,” Martinez said. “This attack, which intentionally targets transgender and intersex youth, who are some of the most vulnerable members of our community, is especially cruel given that we’re still in a deadly pandemic.”

Landon Richie, an 18-year-old transgender Texan, skipped his classes at the University of Houston to speak outside the Capitol Wednesday.

“Trans kids belong in Texas and deserve the same rights, access to health care, access to sports, access to public facilities, as any other Texan,” Richie said.

Mack Beggs, a transgender athlete from Texas, garnered national headlines after he won back-to-back wrestling titles in 2017 and 2018. Beggs competed in the women's division because the UIL ruled he had to compete against the gender that appeared on his birth certificate. Attorney Jim Baudhuin sued the UIL in 2017, arguing that Beggs posed an injury risk to other athletes and possessed an unfair advantage. A Travis County judge tossed out the case.

“Mentally, it took a toll on me,” Beggs told Yahoo News last month. “I think we need to have resources in place for other [trans] kids who are in those positions.”

He spoke out against proposals like SB 29, calling them "revolting and honestly appalling."

The move by the Texas Senate is part of a national push by conservatives to restrict rights for transgender students. Similar bills have been filed in at least 20 states. Three states — Arkansas, Mississippi and Tennessee — earlier this year signed the prohibition into law.

Idaho was the first state to pass a law seeking to block transgender youth from sports last March. The law has been challenged in federal court and has been blocked by a federal judge as the legal challenge proceeds through the courts.

On Monday, the National Collegiate Athletic Association Board of Governors warned that it will only hold college championships in states where transgender student-athletes can participate without discrimination.

“Inclusion and fairness can coexist for all student-athletes, including transgender athletes, at all levels of sport,” the NCAA statement said. “Our clear expectation as the Association’s top governing body is that all student-athletes will be treated with dignity and respect. We are committed to ensuring that NCAA championships are open for all who earn the right to compete in them.”

Multiple games in the 2022 NCAA men’s March Madness tournament are already scheduled to be played in Fort Worth and San Antonio and the 2024 college football national championship is slated for NRG Stadium in Houston.

Disclosure: Equality Texas and University of Houston have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.

State Sen. Nathan Johnson, D-Dallas, suggested that if lawmakers were truly concerned with player safety, they’d focus on legislating injury-prone contact sports such as football...“I think we spend a lot of time anticipating things that aren’t going to happen,” Johnson said. “If this becomes a real problem, there might be a more subtle way we can handle it.”