- The Texas Supreme Court sided with Governor Greg Abbott’s order limiting counties to just one ballot drop off box each, arguing that the state has provided voters with plenty of options for the 2020 election.
- Also in Texas, a judge ruled against Abbott’s choice to exclude polling locations from the list of places where mask-wearing is mandatory. The judge agreed with critics, who said this discriminates against Black and Latino Texans who are more likely to be harmed by the pandemic.
- In other election news, the USPS was ordered to rescind rules limiting mail collection, with a judge saying late and extra trips should be performed to the maximum extent to ensure on-time election deliveries.
Texas Supreme Court Sides with Abbott
The Texas Supreme Court sided with Governor Greg Abbott on Tuesday, ruling in favor of his order that limited counties to just one absentee ballot drop-off location each.
Abbott’s order was criticized by Democrats and others who said restricting the number of places voters can drop their ballots off, especially in the midst of a worsening pandemic, amounts to voter suppression.
A judge initially overturned Abbott’s order, saying the limit could confuse voters. Shortly after, a federal judge halted their decision and sided with Abbott.
The state’s Supreme Court concluded that the order “provides Texas voters more ways to vote in the November 3 election than does the Election Code. It does not disenfranchise anyone.”
While the plaintiffs argued that it will require some voters to travel for a longer period of time, the court said that these voters do have other voting options, including sending their ballot via post. The court acknowledged that some fear the United States Postal Service may not deliver their ballot on time, but said that risk is “small.”
“In any event, the Constitution does not require a state to ‘afford every voter multiple infallible ways to vote,’ nor would it be possible for a state to foresee and eliminate every possible contingency that might prevent a given voter from casting a ballot,” the court said.
The stakes in Texas are growing as polling between President Donald Trump and his opponent, former Vice President Joe Biden, are getting tighter. The Cook Political Report moved Texas to its list of toss-up states on Wednesday morning, joining the likes of Florida and Georgia.
Judge Rules in Favor of Mask Wearing at Polls
This was not the only election-related decision handed out in Texas on Tuesday. A federal judge ruled that voters in the state should have to wear masks at polling locations, despite Abbott’s mandate making an exception for them.
Abbott’s decision to not include polling places on the list of locations where mask wearing is mandatory left a lot of voters in the state feeling uneasy, especially Black and Latino voters. Throughout the country, Black and Latino communities have been disproportionately impacted by the pandemic.
In Texas, according to the Texas Tribune, Hispanic Texans made up almost 49% of COVID-19 deaths in the state as of July 30, despite being just under 40% of the population. Black Texans made up 14% of deaths, despite being around 12% of the population. Meanwhile, white Texans have been dying from the disease at a lower rate.
Because of this, Abbott’s exception was challenged for discriminating against Black and Latino voters. The judge agreed and said that the clause that provided the exception “violates Section 2 of the Voting Rights Act because it creates a discriminatory burden on Black and Latino voters..
“For this reason, exemption 8 is invalid and void,” the judge wrote.
Other Election News
Other states have also seen significant rulings when it comes to voting. In Michigan, a judge struck down the Secretary of State’s ban on open carry at the polls on Election Day. The judge argued that Secretary of State Jocelyn Benson did not follow the proper procedure to create an administrative rule when enacting the ban, which the judge believes should be necessary in this case. Benson already plans to overturn it.
“As the state’s chief elections officer, I have the sworn duty to protect every voter and their right to cast the ballot free from intimidation and harassment,” she said to the Detroit Free Press. “I will continue to protect that right in Michigan.”
In South Carolina, a federal judge ruled that ballots in the state cannot be thrown out over mismatched signatures, claiming that the state does not have a consistent process for matching signatures. According to the Washington Post, the judge said that some counties had already disqualified ballots on signature issues without organization. He said that this is “obviously a significant burden” on voting rights.
On a federal level, a judge made a decision in hopes of getting more absentee ballots delivered and counted for the election. Judge Emmet Sullivan of the District Court for the District of Columbia ordered that as of Wednesday morning, the USPS must reverse its limitations on mail collection, which were enacted by Postmaster General Louis DeJoy, an ardent supporter of President Trump. Those limitations went in place over the summer and limited late or extra trips, significantly slowing down down mail delivery time. These mail lags prompted Sullivan to order that they be rescinded.
“USPS personnel are instructed to perform late and extra trips to the maximum extent necessary to increase on-time mail deliveries, particularly for Election Mail,” Sullivan wrote.
“To be clear, late and extra trips should be performed to the same or greater degree than they were performed prior to July 2020 when doing so would increase on-time mail deliveries. Any prior communication that is inconsistent with this instruction should be disregarded.”
See what others are saying: (Texas Tribune) (Detroit Free Press) (Washington Post)
Mother and Boyfriend Charged After Abandoning 3 Children in Apartment With Sibling’s Remains
Authorities said the malnourished children had been living in the unit without their parents for months.
Abandoned Children Discovered in Houston
Police in Texas arrested a mother and her boyfriend on Tuesday after finding the woman’s three children abandoned in an apartment unit with the remains of their sibling.
Authorities found the 7-, 10-, and 15-year-old boys on Sunday when the teen called police to report that his brother had been dead for a year and that his body was in the unit.
When authorities arrived at the scene, they found the children living in “deplorable conditions.” Police also found the skeletal remains of an 8-year-old, who they emphasized had been decomposing for an extended period of time.
Harris County Sheriff Ed Gonzalez said the boys were fending for each other, with the eldest doing his best to care for the younger ones. According to the teen, his parents hadn’t been living in the apartment with them for months.
Gonzales called it one of the most shocking cases he had ever seen in all his years in law enforcement, and many are now asking how these kids could have been suffering for so long without anyone ever noticing.
Signs That Went Unnoticed
The Daily Beast reported that the kids hadn’t been attending school since May 2020, claiming that the school even conducted an unsuccessful home visit in September of that year.
On top of that, the children had been without power for several weeks, with one neighbor telling local reporters that the teen would often charge his phone at her place.
Another neighbor, Erica Chapman, said she had once found the teen sleeping on a playground slide, so she gave him some food and drinks.
“I asked him if he was hungry. He said, ‘Yeah,’ and I brought him out some food and some drinks,” Chapman told KHOU.
She said he “wouldn’t talk about his parents,” and she didn’t push because she wanted him to feel safe coming to her if he needed food. Chapman added that she would drop off food at the apartment sometimes but said it was hard to tell what was going on inside.
Police also described a foul odor coming from the unit, which a different neighbor said she complained to management about more than once. That woman claimed the smell was so vile, she could not turn on her air conditioning.
Dianne Davis, who lived in the complex for two years, told The Houston Chronicle that the building manager performs regular inspections on the units, with the most recent one happening last week.
“How come they couldn’t detect this?” Davis told the paper. “How could that not have been found?”
Mother and Boyfriend Face Charges
According to Child Protective Services (CPS), the agency does have a history with the family, but there was no active investigation at the time the kids were discovered.
After they were found, the boys were treated at a hospital and placed with CPS while the agency seeks emergency custody of them.
At the hospital, doctors discovered fractures in the 7-year-old face and said two of the three boys were malnourished. Meanwhile, the medical examiner’s office said the deceased child suffered multiple blunt force injuries and ruled his death a homicide.
Police located the mother, 35-year-old Gloria Williams, and her boyfriend, 31-year-old Brian Coulter, on Sunday. They were interviewed and initially released without charges.
ABC13 reported that the teen texted his mother, who lived just 15 minutes, before calling the police.
On Tuesday, the couple was finally arrested while allegedly reading articles about themselves at a library. Williams, faces multiple charges, including injury to a child by omission and tampering with evidence involving a human corpse.
Meanwhile, Coulter was charged with murder over the death of the child, though both he and Williams are expected to face more charges as investigators continue to unpack the details of this case.
See what others are saying: (The Houston Chronicle) (The Daily Beast) (The Washington Post)
Man Spent COVID Relief Loan on $58,000 Pokemon Card, Feds Say
The man is facing a wire fraud charge, which carries a max sentence of up to 20 years in federal prison, along with a $250,000 fine.
COVID Relief Funds Used on Pokemon Card
Authorities have accused a man in Georgia of misusing COVID-19 relief funds, claiming that he spent $57,789 on a single Pokemon card.
Prosecutors said Vinath Oudomsine made false statements about the gross revenue his business earns and the number of workers he employs when he applied for aid authorized under the CARES Act.
On his July 2020 application, Oudomsine allegedly claimed he had 10 employees and 12-month gross revenues of $235,000.
The following month, he was given about $85,000 from the Small Business Administration (SBA), which means he spent nearly all of the money on the rare card.
Authorities have given few details about the specific card purchased, though they have said Oudomsine was charged with wire fraud and is expected to appear in court on Thursday.
The charge carries a max sentence of up to 20 years in federal prison, along with a $250,000 fine.
Misuse of COVID Relief Funds
Oudomsine is far from the first person to face charges for fraud related to small business loans issued amid the pandemic. Others who received relief funds have been accused of spending the money on Lamborghinis, nights at strip clubs, and even an alpaca farm, among other purchases.
In fact, the first person to be charged with fraudulently seeking a pandemic relief loan was recently sentenced to 56 months in prison following a nationwide search after the man faked his own death.
According to The Washington Post, a federal watchdog said this month that the SBA overpaid $4.5 billion in grants to self-employed people and that “no system of controls was in place to flag applications with flawed or illogical information.”
On top of that, the SBA inspector general determined earlier this year that the agency rushed to send out billions of dollars in loans through the Paycheck Protection Program (PPP) “at the expense of controls” that could have blocked inappropriate aid.
In a statement on Sunday, the agency said that under the Biden administration, it has worked with Congress and the inspector general to add antifraud measures. Meanwhile, defenders of pandemic relief programs have argued that flagged loans and grants represent only a small fraction of the distributed aid that has been critical to small businesses and their pandemic recovery.
See what others are saying: (NPR)(USA Today)(The Washington Post)
FDA Authorizes Moderna and J&J COVID Vaccine Boosters, Approves Mix-and-Match Doses
The approval will allow at-risk Americans who received Pfizer and Moderna vaccines to get any booster six months after their initial series and all Johnson & Johnson recipients 18 and older to do the same two months after their single-shot dose.
New FDA Authorization
The U.S. Food and Drug Administration (FDA) on Wednesday authorized boosters shots of Moderna and Johnson & Johnson COVID-19 vaccines and approved a mix-and-match strategy that will allow people who got one company’s shot to get a booster from a different maker.
The decision paves the way for millions of more at-risk Americans to get extra protection, and not just certain Pfizer recipients as previously approved by the FDA.
Under the authorization, people who received Moderna or Pfizer can get any one of the three booster shots six months after completing their initial series if they are 65 and older, at high risk of severe COVID, or face increased exposure because of their work.
Meanwhile, all J&J recipients 18 and older can get any of the approved vaccines two months after they received the one-shot jab.
Hazy Recommendations, For Now
Notably, the FDA did not recommend a certain combination of vaccines, nor did the agency say whether or not it would be more effective for people to stick with their original vaccine maker for their booster.
The new authorizations draw on a study from the National Institutes of Health (NIH), which found that there are no safety concerns with mixing boosters and that vaccine combinations were at least as effective in stimulating antibodies as matched vaccines.
In the case of J&J recipients, the NIH found that people actually had a higher boost from mixing either Moderna or Pfizer boosters.
However, some of the scientists who worked on the study said it should not be used to recommend one combination over another because the research was limited.
The Centers for Disease Control and Prevention (CDC), which determines vaccine recommendations, could issue more guidance on when and whether people should switch vaccine makers for their booster shots.
An advisory panel for the agency is meeting Thursday to discuss the new FDA authorizations and recommendations.
Once the panel makes its decision, the CDC director has the final say on the guidelines. If the agency agrees with the FDA’s decisions, the booster shots could be rolled out as soon as this weekend.