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By Emma Platoff
Texas voters will not be able to select every candidate of a major political party with one punch, a federal appeals court ruled Wednesday, upholding a 2017 state law that ends the popular practice of straight-ticket voting for this year's general election.
The Texas Legislature acted years ago to end straight-ticket voting in time for the 2020 presidential contest, but a federal judge reinstated the practice earlier this month, citing complications to the voting process caused by the pandemic.
A three-judge panel on the 5th U.S. Circuit Court of Appeals overturned that decision Wednesday, ruling that the law ending the one-punch option should go into effect even as voters and election administrators contend with the coronavirus pandemic, citing the U.S. Supreme Court's "emphasis that courts should not alter election rules on the eve of an election."
"The Texas Legislature passed HB 25 in 2017, and state election officials have planned for this election accordingly. The state election machinery is already well in motion," the judges wrote. Upholding the law and eliminating straight-ticket voting, they wrote, "will minimize confusion among both voters and trained election officials."Early voting is set to start Oct. 13 in Texas.
The opinion, which was not signed, came from a panel of three appointees of George W. Bush: U.S. Circuit Judges Edith Clement, Catharina Haynes and Jennifer Walker Elrod. The court had already paused the lower court's ruling with a brief administrative stay, but Wednesday's eight-page decision is a firmer word on the matter.
Texas Democrats fiercely opposed ending one-punch voting when it was considered years ago at the Capitol, and it passed largely on party lines. Straight-ticket voting is a popular option among voters of both parties; in 2018, two-thirds of Texas voters used that option. But Democrats fear the loss of the one-punch option will be felt most heavily among their voters, particularly voters of color in large urban counties, where the ballots can stretch on with dozens of local judicial races.
Democratic groups, as well as the Texas Alliance for Retired Americans, had fought to keep the one-punch option in place for this election, arguing it would speed up lines at polling places, meaning voters would spend less time risking exposure to the coronavirus. They also argued eliminating it would disproportionately affect voters of color and lead to voter drop-off — when voters do not complete their full ballots — especially in the state's big cities, Democratic strongholds where ballots can stretch on and on.
Attorneys for the Democratic groups did not immediately respond to questions Wednesday evening about whether they plan to pursue an appeal.
U.S. District Judge Marina Garcia Marmolejo, who last week ordered straight-ticket voting reinstated in Texas, wrote that ending it would "cause important delays at polling places, place Texan voters at increased risk of catching a deadly virus, and discourage voters, particularly those most vulnerable to the disease or under significant economic pressure, from exercising their rights on election day."
And, she wrote, it would sow chaos to end a familiar and popular voting practice before a high-stakes, high-turnout election during a pandemic.
The appeals court saw it differently. The 5th Circuit judges wrote that it was Marmolejo — not the Legislature — who upended "the status quo" by ordering one-punch voting reinstated.
"Plaintiffs had plenty of time over the past three years to challenge [the law]," the appellate judges wrote.
Texas Attorney General Ken Paxton, whose office has been defending the state law that ended one-punch voting, cheered the ruling.
"The 2020 general election is already underway and election officials across the state have taken the necessary precautions to ensure safe voting," he said.
The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
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Tesla CEO Elon Musk announced a record-setting second quarter during an earnings call broadcasted from the Giga Texas construction site in Southeast Travis County on Monday.
The electric carmaker reported more than $1 billion in quarterly net income and the production of more than 200,000 vehicles for the first time despite challenges such as a global semiconductor shortage.
"It … seems that public sentiment towards electric vehicles is at an inflection point, and at this point, I think, almost everyone agrees electric vehicles are the only way forward," Musk said.
Exterior shots taken just a while ago of Giga Texas (while @elonmusk is reportedly at the Gigafactory!) during today's earnings call!
Hope @peterdog15 got to catch the technoking in his video! #fastestinhistory #Tesla pic.twitter.com/WqeDlb5wU3
— Austin Tesla Club (@AustinTeslaClub) July 26, 2021
Despite rising consumer demand and adequate factory capacity, Tesla faces what Musk described as a "quite serious" global semiconductor shortage, which will determine the company's growth rate for the rest of the year.
With increased revenue and production, Tesla is investing in new factories, Chief Financial Officer Zachary Kirkhorn said. These include Giga Texas, the $1.1 billion manufacturing plant that broke ground last summer and is slated to open later this year.
The Giga Texas factory in Southeast Travis County has rapidly increased in size since ground broke last August. (Tesla)
Musk commended the construction team for "incredible progress," transforming what was basically a vacant site into "a mostly complete large factory a year later."
I was at Giga Texas yesterday. Team is making excellent progress. Building will be almost a mile long when complete.
— Elon Musk (@elonmusk) July 25, 2021
Giga Texas will produce the highly anticipated Cybertruck, along with other models, but Musk said scaling its production will be difficult, especially given the supply chain delays caused by the pandemic. "It's going to move as fast as the slowest of its up to 10,000 unique parts," he said.
In other news, Musk said Monday's earnings call would likely be his last regular appearance, only jumping on future quarterly calls when big announcements warrant it.
Tesla Solar recently made news when it announced plans to build the nation's most sustainable residential community in Southeast Austin earlier this month. The newly built homes will feature Tesla solar roof tiles and Powerwall battery storage as well as electric vehicle charging stations.
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The city of Austin released a shortlist of seven candidates for the police chief position left vacant when Brian Manley retired in March.
City Manager Spencer Cronk hopes to announce an appointment by the end of August, which will require City Council approval.
The finalists, chosen from a field of 46 applicants, include:
- APD Interim Chief Joseph Chacon, who previously served as an assistant chief in the department for almost five years
- Anne Kirkpatrick, former police chief in Oakland, California, who was fired last year after a federal monitor criticized her handling of a fatal 2018 police shooting of a homeless man
- Dallas Police Department Assistant Chief Avery L. Moore, who is a 30-year veteran of the department
- Atlanta Police Department Deputy Chief Celeste Murphy, who manages the department's community services division
- Dekalb County Police Chief Mirtha V. Ramos, who previously served as division chief in the Miami-Dade Police Department
- Wichita Police Department Chief Gordon Ramsay, who is a former president of the Minnesota Police Chief's Association as well as one of the first police chiefs of a major U.S. City to call George Floyd's death a murder, as reported by the Wichita Eagle
- Los Angeles Police Department Deputy Chief Emada E. Tingirides, who is also commanding officer of the department's newly formed Community Safety Partnership Bureau, which serves L.A.'s underserved communities
City staff will interview the finalists in the coming weeks, with several community input opportunities to come, according to a Monday press release.
The city conducted a public survey in March and hosted community input meetings in April to learn more about what residents are looking for in their next police chief, which helped shape the selection criteria for the position.
"They want to see the Chief be reform-minded and transparent and have a track record of fostering community involvement and accountability," Cronk said in the release. "The candidates selected show these characteristics in various ways."
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Days after Austin began once again recommending masks in public spaces, Austin ISD announced Monday that kindergarten through sixth-grade classes will have virtual options this fall.
The district will discuss the move in a special board meeting Monday evening starting at 5 p.m., while full details will be released Friday.
Teachers will not have to fret about the new option—no educators will have to juggle both virtual and in-person learning. Instead, certain teachers will specialize in virtual education, according to a press release.
The news comes after a recent spike in COVID cases in Travis County and across the nation. Children typically suffer fewer symptoms of COVID when contracted, but they are now catching the virus more often than their older counterparts without a vaccine available to them and as the more contagious Delta variant is quickly being spread.
While local health officials are recommending everyone wear masks, public school districts are unable to mandate masks due to an executive order issued by Gov. Greg Abbott in May.
Parents have expressed concern about classrooms with masks unenforceable and children under the age of 12 ineligible for a vaccine. Some have even said they would look for alternative schooling if AISD did not offer a virtual option for students.
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