Paxton’s tactics in Texas undermine our electoral democracy

In a democracy, the evolution of the political views of the electorate is constant and more dramatic changes are not unusual. For those currently in power who may not be in sync with such changes, there are only two appropriate responses: Convince voters that their new or emerging political views are wrong and should be abandoned, or change your mind to better align yourself with the new electoral orientations. majority.

Some Texas leaders have opted for at least part of the first solution, with limited progress among emerging majority voters. Others, such as Attorney General Ken Paxton, have rejected either of these responses in favor of an illegitimate approach to an emerging voting majority whose political views may differ from those of the current state leadership. State. The effort of these leaders is to dissuade or prevent the participation of as many voters as possible who align with the emerging electoral majority.

Among Paxton’s actions were recent suspicious early-morning raids on the private homes of elderly Texans as part of a purported two-year investigation into registered voters who attempted to help their peers, who may be in need of help, because of their age or disability, to vote legally by mail. Most recently, Paxton threatened to use his official authority to block counties from sending voter registration materials to unregistered eligible voters.

He also publicly issued an election advisory that overemphasizes and exaggerates non-citizen voting, despite a lack of evidence to suggest that non-citizen voting is even a small problem anywhere in Texas. Finally, he is seeking in court to preserve his right to intimidate election workers by threatening to enforce a new Texas law that prohibits election-related speech in the presence of an inanimate object — an absentee ballot.

The timing, tactics, and goals of these measures clearly demonstrate an attempt to deter or prevent the participation of new and less experienced voters from Texas’ growing Latino community, a group whose views on the whole do not do not necessarily match those of Paxton and other state leaders. positions. But voter suppression, whether through deterrence through threats and intimidation, or through direct obstruction, is a completely undemocratic response to a new or emerging electoral majority.

We should all expect better from our elected leaders. Voter suppression parallels the efforts of authoritarian dictators in other countries when they see their popular support decline dangerously as an “election” approaches. In Texas and across the United States, we must reject these efforts as a significant threat to the survival of democracy. In the context of redistricting, there is a consensus that voters should choose legislators, rather than legislators choosing their voters. Voter suppression efforts by those in power, including the state attorney general, are an even more direct manifestation of the fact that lawmakers choose their voters.

In any democracy, elected officials should not be forced to choose among eligible voters, suppressing the participation of some and facilitating the participation of others. The widespread practice of elected leaders discouraging some eligible voters from participating threatens to transform our electoral system into a democracy in name only.

Yet as troubling as voter suppression is in response to any change in the electorate in a democracy, the practice is even more troubling when it has a racial dimension. This is the case in Texas, where some of the electorate’s divergent political views coincide with the growing voting population of Latinos and other groups of color.

In this context, Paxton’s repressive tactics not only undermine our electoral democracy, but also threaten the rule of law, including the fundamental principle of equal protection. This is a double threat that we can and must do without.

Thomas A. Saenz is president and general counsel of the Mexican American Legal Defense and Educational Fund.

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