Texas Supreme Court Sides With Gov. Abbott’s Order Limiting Counties to One Ballot Drop Box Each
- 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)
Survey and Census Data Shows Record Number of Americans are Struggling Financially
Americans are choosing not to pursue medical treatment more and more frequently as they encounter money troubles.
A recent federal survey shows that a record number of Americans were worse off financially in 2022 than a year prior.
Coupled with recent census data showing pervasive poverty across much of the country, Americans are forced to make difficult decisions, like foregoing expensive healthcare.
According to a recent Federal Reserve Bureau survey, 35% of adults say they were worse off in 2022 than 2021, which is the highest share ever recorded since the question was raised in 2014.
Additionally, half of adults reported their budget was majorly affected by rising prices across the country, and that number is even higher among minority communities and parents living with their children.
According to recent census data, more than 10% of the counties in the U.S. are experiencing persistent poverty, meaning the area has had a poverty rate of 20% or higher between 1989 and 2019.
16 states report at least 10% of their population living in persistent poverty. But most of the suffering counties were found in the South — which accounts for over half the people living in persistent poverty, despite making up less than 40% of the population.
These financial realities have placed many Americans in the unfortunate situation of choosing between medical treatment and survival. The Federal Reserve study found that the share of Americans who skipped medical treatment because of the cost has drastically increased since 2020.
The reflection of this can be found in the overall health of households in different income brackets. 75% of households with an income of $25,000 or less report being in good health – compared to the 91% of households with $100,000 or more income.
See what others are saying: (Axios) (The Hill) (Federal Reserve)
Montana Governor Signs TikTok Ban
The ban will likely face legal challenges before it is officially enacted next year.
First Statewide Ban of TikTok
Montana became the first state to ban TikTok on Wednesday after Gov. Greg Gianforte (R) signed legislation aimed at protecting “Montanans’ personal and private data from the Chinese Communist Party.”
The ban will go into effect on Jan. 1, 2024, though the law will likely face a handful of legal challenges before that date.
Under the law, citizens of the state will not be held liable for using the app, but companies that offer the app on their platforms, like Apple and Google, will face a $10,000 fine per day of violations. TikTok would also be subject to the hefty daily fine.
Questions remain about how tech companies will practically enforce this law. During a hearing earlier this year, a representative from TechNet said that these platforms don’t have the ability to “geofence” apps by state.
Roger Entner, an analyst at Recon Analytics, told the Associated Press that app stores could have the capability to enforce the restriction, but it would be difficult to carry out and there would be a variety of loopholes by tools like VPNs.
Montana’s law comes as U.S. politicians have taken aim at TikTok over its alleged ties to the CCP. Earlier this year, the White House directed federal agencies to remove TikTok from government devices. Conservatives, in particular, have been increasingly working to restrict the app.
“The Chinese Communist Party using TikTok to spy on Americans, violate their privacy, and collect their personal, private, and sensitive information is well-documented,” Gov. Gianforte said in a Wednesday statement.
Criticism of Montana Law
TikTok, however, has repeatedly denied that it gives user data to the government. The company released a statement claiming Montana’s law “infringes on the First Amendment rights of the people” in the state.
“We want to reassure Montanans that they can continue using TikTok to express themselves, earn a living, and find community as we continue working to defend the rights of our users inside and outside of Montana,” the company said.
The American Civil Liberties Union condemned Montana’s law for similar reasons.
“This law tramples on our free speech rights under the guise of national security and lays the groundwork for excessive government control over the internet,” the ACLU tweeted. “Elected officials do not have the right to selectively censor entire social media apps based on their country of origin.”
Per the AP, there are 200,000 TikTok users in Montana, and another 6,000 businesses use the platform as well. Lawsuits are expected to be filed against the law in the near future.
See what others are saying: (Associated Press) (Fast Company) (CBS News)
How a Disney-Loving Former Youth Pastor Landed on The FBI’s “Most Wanted” List
“Do what is best, not for yourself, for once. Think about everyone else,” Chris Burns’ 19-year-old son pleaded to his father via The Daily Beast.
Multi-Million Dollar Scheme
Former youth pastor turned financial advisor Chris Burns remains at large since going on the run in September of 2020 to avoid a Securities Exchange Commission investigation into his businesses.
Despite his fugitive status, the Justice Department recently indicted Burns with several more charges on top of the $12 million default judgment he received from the SEC.
Burns allegedly sold false promissory notes to investors across Georgia, North Carolina, and Florida. The SEC claims he told the investors they were participating in a “peer to peer” lending program where businesses that needed capital would borrow money and then repay it with interest as high as 20%. Burns allegedly also reassured investors that the businesses had collateral so the investment was low-risk.
The SEC says that Burns instead took that money for personal use.
Burns began his adult life as a youth pastor back in 2007 before transitioning into financial planning a few years later. By 2017, he launched his own radio show, The Chris Burns Show, which was funded by one of his companies, Dynamic Money – where every week Burns would “unpack how this week’s headlines practically impact your life, wallet, and future,” according to the description. He also frequently appeared on television and online, talking about finances and politics.
The SEC alleges that he used his public appearances to elevate his status as a financial advisor and maximize his reach to investors.
His family told The Daily Beast that he became obsessed with success and he reportedly bought hand-made clothes, a million-dollar lakehouse, a boat, several cars, and took his family on several trips to Disney World. His eldest son and wife said that Burns was paying thousands of dollars a day for VIP tours and once paid for the neighbors to come along.
Then in September 2020, he reportedly told his wife that he was being investigated by the Securities Exchange Commission but he told her not to worry.
The day that he was supposed to turn over his business documents to the SEC, he disappeared, telling his wife he was just going to take a trip to North Carolina to tell his parents about the investigation. Then, the car was found abandoned in a parking lot with several cashier’s checks totaling $78,000
FBI’s Most Wanted
The default judgment in the SEC complaint orders Burns, if he’s ever found, to pay $12 million to his victims, as well as over $650,000 in a civil penalty. Additionally, a federal criminal complaint charged him with mail fraud. Burns is currently on the FBI’s Most Wanted list.
Last week, the Justice Department indicted him on several other charges including 10 counts of wire fraud and two counts of mail fraud.
“Burns is charged for allegedly stealing millions of dollars from clients in an illegal investment fraud scheme,” Keri Farley, Special Agent in Charge of FBI Atlanta, said in a statement to The Daily Beast. “Financial crimes of this nature can cause significant disruptions to the lives of those who are victimized, and the FBI is dedicated to holding these criminals accountable.”
His family maintains that they knew nothing of Burns’ schemes. His wife reportedly returned over $300,000 that he had given to her.
She and their eldest son, who is now 19, told The Daily Beast they just want Burns to turn himself in, take responsibility for his actions, and try to help the people he hurt.
“Do what is best, not for yourself, for once. Think about everyone else,” Burns’ son said in a message to his father via The Daily Beast.