Texas Warns U.S. Senate On Election Integrity In Expanding Mail-In Balloting With The HEROES Act

Staff Report

Texas Attorney General, Ken Paxton is the lawyer for the State of Texas and is charged by the Texas Constitution to:

• defend the laws and the Constitution of the State of Texas
• represent the State in litigation
• approve public bond issues

To fulfill these responsibilities, the Office of the Attorney General serves as legal counsel to all boards and agencies of state government, issues legal opinions when requested by the Governor, heads of state agencies, and other officials and agencies as provided by Texas statutes.

The Texas AG sits as an ex-officio member of state committees and commissions and defends challenges to state laws and suits against both state agencies and individual employees of the State.

Many Texans look to the Office of the Attorney General for guidance with disputes and legal issues.

The agency receives hundreds of letters, phone calls, and visits each week about crime victims’ compensation, child support, abuse in nursing homes, possible consumer fraud, and other topics.

To find out more about the Texas Attorney General, visit the official website at https://texasattorneygeneral.gov/.

AG Paxton Warns U.S. Senate Leadership of Dangers to Election Integrity in Expanding Mail-In Balloting with the HEROES Act

AUSTIN – Attorney General Ken Paxton today led a 16-state coalition that sent a letter to Senate Majority Leader Mitch McConnell and Senate Minority Leader Charles Schumer, warning that certain provisions in the proposed Health and Economic Recovery Omnibus Emergency Solutions Act (HEROES Act) interfere with state elections by transforming them in a way that benefits vote harvesters and can lead to massive disenfranchisement of lawful, qualified voters.

According to Paxton’s office, the Act, if passed, would invade states’ ability to set their own election laws and dramatically undermine election integrity.

“As federal and state legislators of both parties have correctly observed for decades, mail-in ballots are particularly vulnerable to fraud and protections against that risk are necessary. In contrast, the HEROES Act effectively bulldozes state election laws that were specifically designed to reduce and ultimately eliminate voter fraud,” said Attorney General Paxton. “State election officials have many options available to safely and securely hold elections without risking widespread mail-ballot fraud. The federal government should leave these decisions to states.”

The American Coronavirus/COVID-19 Election Safety and Security Act (ACCESS Act), which is buried within the HEROES Act, requires states to provide mail-in ballots for all registered voters, allows individuals to apply for a ballot online, and allows voters to register to vote as late as election day itself.

The Act also unlawfully prohibits states from requiring identification, notarization, or witness signatures as conditions of providing an absentee ballot to a voter and creates an overly-elaborate process for states to reject an unlawful or illegitimate mail-in ballot.

Texas was joined by Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Missouri, Nebraska, Oklahoma, North Dakota, South Carolina, and South Dakota.

Read a copy of the letter here.

AG Paxton Opinion: Employees Must Consent to Payroll Deductions for  Public Sector Union or Organization Fees and Dues

AUSTIN – Attorney General Ken Paxton today issued a legal opinion in response to a request by Texas Rep. Briscoe Cain regarding the application of the United States Supreme Court’s Janus decision to payroll deductions permitted by the Texas Legislature.

In Janus, the U.S. Supreme Court found that an Illinois statute requiring public employees “to subsidize a union,” even when they chose not to join and objected to the union’s positions, violated the First Amendment.

The opinion reaches a number of conclusions about the application of Janus to payroll deductions for payment, membership fees, or dues for public sector unions and other eligible organizations.

First, the State must ensure that public employees consent to a payroll deduction and that fees or dues are collected in a way that ensures voluntariness, such as requiring that the employee, not an employee organization, submits authorization of a payroll deduction to their employer.

This is necessary because, according to the Supreme Court, a waiver of First Amendment rights “cannot be presumed,” but rather “must be freely given” as shown by “clear and compelling evidence.”

Second, while Janus doesn’t compel specific language, employees should be provided with notice that consent to membership waives their First Amendment rights and that they may revoke their consent at any time.

Third, once given, consent to payroll deductions cannot be perpetual; rather, it must be renewed on a regular basis, such as within one year after being given. 

AG Paxton Reaches Bipartisan Agreement with Texas Counties and Cities in Preparation for Settlement with Opioid Defendants

AUSTIN – Attorney General Ken Paxton today announced a coordinated bipartisan agreement with county leaders from around the state regarding the way Texas will direct future settlement money to people most impacted by the opioid epidemic.

Texas is one of the lead states currently negotiating financial settlements with the nation’s largest companies in the opioid supply chain.

“The opioids crisis is an ongoing epidemic that impacts countless families throughout Texas and our nation,” said Attorney General Paxton. “Families around Texas – from large urban areas to small farming and ranching communities – will benefit from this collaborative effort between my office and local leaders across our state. This agreement provides Texans in all 254 counties with desperately needed funding for education, prevention, and treatment in our fight against opioid abuse.”

County officials from around the state lauded the agreement reached between the Attorney General’s office and the localities:

“Today’s agreement unites the State of Texas with its counties and cities to create one powerful voice that will hold the companies responsible for creating this epidemic accountable.” Judge Juan Rodriguez, Jr., Jim Wells County

“This alliance with the State of Texas guarantees that in the event of settlements with opioid drug companies, Smith County and the entire East Texas region for which Tyler serves as a medical treatment hub, will receive the money necessary to better prevent and treat opioid addiction, overdoses, and reduce related criminal activity.” Judge Nathanial Moran, Smith County

“In making this agreement with the State, we set aside all political differences of opinion to do what’s best for the citizens of Dallas County, and we are proud to share this important news.”  Judge Clay Jenkins, Dallas County

“Today’s agreement unites the State of Texas with its urban and rural counties and cities to create one powerful voice that will hold the companies responsible for creating this opioid epidemic accountable.” Burleson County Attorney Susan Deski

“I am pleased to announce today that efforts by Harris County and other counties around the state, along with the Texas Attorney General, have resulted in an agreement that I hope will ultimately end the scourge of opioid addiction.” Harris County Attorney Vince Ryan

“The agreement ensures that the vast majority of the dollars from settlements against opioid manufacturers, distributors, and pharmacies will treat addiction and help Texans from all walks of life in every part of our great state, including Leon County.” Leon County District Attorney Hope Knight

“Both Texas and Nueces County had a good day today, one that will help us put the opioid epidemic behind us. I am proud that Nueces County took a leading role in this most important endeavor.” Judge Barbara Canales, Nueces County

“Together we have achieved an agreement to remediate the opioids epidemic in this state. Today, Texas is neither a red state nor a blue state. It is a smart state.” Judge Richard Cortez, Hidalgo County

Opioids are a family of drugs including prescription painkillers and illegal drugs like heroin. Nationwide and in Texas, prescription and illegal opioids are the main drivers of drug overdose deaths.

According to the Centers for Disease Control and Prevention, opioids were involved in 67,367 deaths in 2018, including 3,005 in Texas. Opioid overdoses in the U.S. have quadrupled since 1999.

The full statements from county officials are available here. 

Request for Opinion

Official Request RQ-0355-KP
Authority of the Appraiser Licensing and Certification Board to exempt licensed or certified appraisers from the statutory requirement to comply with the Uniform Standards of Professional Appraisal Practice when performing a property evaluation allowed under the federal Interagency Appraisal and Evaluation Guidelines

Date Received
Thursday, May 28, 2020

Official Requestor
Ms. Sara Oates
Chair, Texas Appraiser Licensing and Certification Board
Post Office Box 12188
Austin, Texas, 78711-2188

Notification of Opinion

Official Request RQ-0321-KP
Whether a hearing on an application for court-ordered mental health services conducted pursuant to section 574.031 of the Health and Safety Code must be recorded by an official court reporter

Notification of Opinion KP-0312
Hearings for court-ordered mental health services held in Kerr County pursuant to Health and Safety Code subsection 574.031(g) are likely required to be recorded by an official court reporter.

Notification of Opinion

Official Request RQ-0319-KP
Whether a county may call a bond election to fund the construction, repair, improvement, and maintenance of city roads

Official Opinion KP-0311
A county may call a bond election to fund improvements to city streets that are integral or a connecting link to the county’s roads or state highways.

Notification of Opinion

Official Request RQ-0330-KP
Application of the United States Supreme Court’s Janus decision to public employee payroll deductions for employee organization membership fees and dues

Official Opinion KP-0310
Public employers must ensure that employee consent to a payroll deduction for membership fees or dues in a union or employee organization is collected in a way that ensures voluntariness, such as requiring the direct provision of authorization from an employee to an employer. A one-time, perpetual consent to a payroll deduction for membership fees or dues is inconsistent with the U.S. Supreme Court’s holding in Janus; however, consent for one year from the time given is likely valid and is sufficiently contemporaneous to be constitutional.