9.4.13 pvamu voting location proposal

7/30/2019 9.4.13 PVAMU Voting Location Proposal

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Prairie View A&M University Permanent Voting Location

Proposal & Observations

Waller County, Texas

Precinct 309

September 4, 2013

True the Vote7232 Wynnwood LaneHouston, Texas 77008


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Table of Contents

Background..2 Proposal.2

Observation 1: Facilities Comparison...2Observation 2: Population Trends..6Observation 3: Precinct 309 Voter Turnout Trends..7Observation 4: Litigation Risk Assessment...8Conclusion.. .9

Addendum..10

Texas Election Code Ann. Statutes

43.031(a)3 43.034.3 43.034(b)..3 62.0115...4 62.0111..................4 62.010.4 61.003...4, 542 U.S.C. 1973i(b)5


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Background

True the Vote was made aware of the ongoing issue of on-campus polling access by a number ofPrairie View A&M University alumni, state lawmakers, current students and select media

attention in the summer of 2013. The organization learned that PVAMU had been acomprehensive voting location throughout the 1980s and was temporarily moved to allowconstruction for a new student union building. After structural improvements were complete,then-Precinct 3 County Commissioner Frank D. Jackson proposed due relocation to the campusin the late 1990s. To date, the campus remains without an on-site option, despite historicavailability.

TTV formally requested further insight into the matter in a letter dated August 20, 2013 toDebbie Hollan and Robyn German. The letter (attached in the addendum of this Proposal)established True the Votes concerns for a fair election and requested any details whether an on-campus voting location would not meet federal or state requirements.

The following proposal provides a solution that would meet all concerned parties needs.

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Proposed Solution

True the Vote respectfully proposes the following adjustment to polling place procedures inWaller County Precinct 309 effective for municipal, county, state, federal and all other elections:

Early voting will remain at the Coleman-Kemp-Smith Community Center (CommunityCenter) located at 21274 FM 1098, until 2016.

Effective on or before November 5, 2013, Election Day voting for county, state andfederal races will occur at the Prairie View A&M University Memorial Student Centersecond floor ballroom (Student Center) located at the southeast corner of L.W. Minorand O.J. Thomas streets.

On or before January 2016, PVAMU will again become the comprehensive votinglocation for Precinct 309.

Given the recent ruling inShelby County v. Holder, Slip Op. 12-96, (U.S. Supreme Court June25, 2013), such an adjustment to Waller County polling place procedure would require nofederal preclearance on the matter.

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Observation 1: Facilities Comparison

Based on TTV analysis, the Student Center meets and exceeds legal and logistical requirementscompared to the Community Center based on Texas Election Code, Disability Access, parkingand site security.


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Code Compliance. As any other modern, public facility, the Student Center was designed andconstructed to meet ADA compliance standards.

With respect to Texas Election Code, the Student Center meets all criteria for an acceptable

polling place. The Student Center is indeed a public building as required by 43.031(a).Further, the Student Center meets and exceeds all requirements for elderly and disabled access

as described in 43.034. No expenditures required under 43.034(b) are expected as part of

this proposed transition.

Example of handicap access to Student Center.

Parking and Security. The StudentCenter offers ample parking with built-intraffic management, thanks to thePVAMU Parking and Public SafetyDepartments. On-campus parkingsurrounding the Student Center hasapproximately 200 parking spots,roughly 10 times the amount of parkingplaces of the Community Center.Curbside voting can be made available tomotorists in need at the southwestcorner of the building.

Potential curbside voting lane.

While visitor parking usually costs $2 per visit, the school administration has agreed to waivethe fee, strictly for the purpose of voter parking. Given that Precinct 309s population density is


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overwhelmingly based on the PVAMU campus, most potential voters will not require anyparking.

Facility Amenities. The second floor ballroom area of the Student Center is the optimal

location for on-campus voting, given its placement, parking and comprehensive draw for everystudents personal needs. Standard hours for the building already match those required understate law for voting. The second floor ballroom is the most likely location for voter check-in and

balloting on the premises. Said space offers 8,532 square feet for voters, poll workers, observers,security officers and other authorities to conduct all necessary functions required for an ElectionDay polling location. The ballroom offers partition functions to better streamline check-in and

voting equipment layout if deemed necessary by the County. Further, the ballroom offers asound system and video screens for each section allowing information to be displayed to voters -such as identification reminders approximate waittimes (and other information allowable according to 62.0115 and 62.0111).

Although no overnight storage should be necessaryuntil 2016, all second floor rooms of the StudentCenter can be locked. Security personnel offered bythe PVAMU Department of Public Safety mayorganize patrols or other security contingencies asneeded to store voting equipment. The structure ofthe Student Center already offers an intuitive optionfor efficient curbside voting at its southwest corner.

The Student Center second floor can also be madeto comply with various election integrity statutes

with little, if not any re-arrangement. All stairways

and elevators leading to the upper level woulddisplay distance markers required under 62.010 effectively demarcating that the entire second floor comply with 61.003. Privacy and noiseconcerns are greatly mitigated thanks to the limited student life functions occurring on thesecond floor. Little to no general foot traffic exists on a typical day.

Left: Second floor hall space. Right: floor space of ballroom.


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Community Center Concerns. Though the Community Center has certainly servedadequately as an interim facility, the Student Center offers a number of amenities more suited toaddress modern needs. Students reported longer-than-usual wait times to check-in for a voting

booth in recent election cycles. Compared to the current polling location, it is within reason toassume that no person facing a check-in queue will be without air-conditioned comfort orshelter from any weather occurrence. The Community Center offers very limited amounts of thesame.

The Community Center offers a fraction of the parking freely available on campus. TheCommunity Center currently offers approximately 20 spaces with two additional handicappedspots.

True the Vote also raises a privacy concern with the current location. Compared to thewindowless PVAMU ballroom, the Community Centers windows offer multi-angle views of thevoting space thereby increasing this risk of illegal electioneering ( 61.003) and intimidation(42 U.S.C. 1973i(b)).

Assorted images of Community Center.

Observed Conclusion.Based on TTV analysis, the second floor ballroom in theStudent Center is well positioned to serve the needs of a growing first class publicuniversity and a surrounding community undergoing demographic change.


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Observation 2: Population Trends

The town of Prairie View has demonstrated some interesting breaks in population trends due inlarge part to the students living at PVAMU when compared against Waller County and Texas at

large. While it is evident that Texas as a whole is aging, the University has done much tosubstantially drive down mean and median demographic indicators in its region.

Prairie View Age Proportion (%) 2010 2000

20 to 29 41.9 46.2

30 to 85+ 16.1 16.5

Source: U.S. Census 2010, 2000

Prairie View has a significantly younger population as compared to other towns within WallerCounty and in general. Traditional college-aged students clearly comprise the largest segmentsof the towns population on a consistent basis.

The town also exhibits a substantially younger median age when compared against WallerCounty and Texas at large.

Median Age 2010 2000

Prairie View 20.5 20.8

Waller County 31.7 30.1

Texas33.6 32.3

Source: U.S. Census 2010, 2000

It is within reason deduce that while the county and state will likely continue to age, Prairie Viewwill maintain a significantly lower median age with expanded or even level PVAMU enrollment.

Finally, the matter of population density must be considered. Precinct 309 accounts for thenorthern top third of Prairie View containing the University and northwestern portions of thetown. Given the vast majority of 8,000-plus full time students do indeed live in campus housing,a polling location centered in the most densely populated portion of the precinct boundaries islogical and justified.

Observed Conclusion.Based on existing Precinct 309 boundaries and clearpopulation trends, a polling location centered on the PVAMU campus is theoptimal placement for a community driven by the residential student body.


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Source: Google Earth and the Waller County Clerks Office, respectively

Observation 3: Precinct 309 Voter Turnout Trends

Improved voter turnout is a vital indicator to determine the strength of our voting system.Precinct borders should be drawn and polling locations selected to pursue the most fair andefficient outputs for each election. When studied in a pure, raw turnout-based vacuum, Precinct309 fares relatively well given publicly available canvass reports. However, two other indicatorssuggest that there is much room for improvement. In both cases, polling place relocation servesas the most reasonable adjustment.

Voter Turnout (Actual Votes) 2010 2008 2006

Precinct 309 903 2,573 537

Source: Waller County Elections Office

The 2010 Official Canvass of Waller County noted there were 6,797 registered voters eligible tocast ballots in the precinct in question. Though 2012 data does not offer precinct turnout

breakdowns or voter registration, it is reasonable to assume, given population trends, thatregistration rates in Precinct 309 have not significantly changed. Therefore, there is much room

for growth with respect to turnout in both midterm and presidential election cycles.

In 2010, Precinct 309 had the largest number of registered voters (6,797) compared to otherprecincts. In fact, the second largest precinct was number 207 with 3,031 voters. A morerevealing figure exists in turnout. Precinct 207 turned out the second highest number of voters

by precinct (accounting for 11.5% of the total), while Precinct 309 scored the lowest by in-precinct turnout.


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In 2008, Precinct 309 did indeed lead the county in raw turnout compared to all others, yet itturned out less than half its registered voters. While voting precincts are bound to fluctuate

between each election with respect to turnout, it remains clear that number 309 has consistentlyfailed to achieve more than half of its potential in the 2006, 2008 and 2010 Elections according

to available data. Short of re-drawing the precinct boundaries, adjusting the Election Daylocation is a simple solution to boosting voter turnout in Waller Countys most-registeredprecinct.

Observed Conclusion.Precinct 309 consistently under-performs with respect to itsdominant voter registration rate. There exists no more convenient a location forstudents to cast their franchise than the Student Center.

Observation 4: Litigation Risk Assessment

It is critical for all parties involved to understand that this issue of on-campus voting for PrairieView A&M University is not a local matter. The U.S. Department of Justice has taken a keeninterest in the State of Texasvoting laws and procedures and has made clear its intention topress federal courts to label Texas as unable to properly function in a post-preclearanceenvironment. This reality has manifested itself through two pieces of litigation filed in summer2013. InPerez v. Texas (Civil Action No. 5:11-cv-360), the DOJ has intervened in a case to bailTexas back into the Section 5 preclearance framework of the Voting Rights Act due in large partold redistricting maps. This issue of on-campus voting could act as ancillary evidence of lastingstructural barriers if left unresolved in this case.

United States v. Texas (Civil Action No. 2:13-cv-00263)targets Texas new enforcement ofphoto voter identification and makes broad, undocumented claims discriminatory attitudes suchas: [m]any Hispanic and African-American citizens in Texas continue to suffer the effects ofofficial discrimination, including a history of discrimination in voting-related activities. It is

incumbent upon Waller County to not give federal authorities the opportunity to cite this matteras contemporary, concrete evidence.

Unique Risk.It is True the Votes understanding that elected officers representing the studentbody of PVAMU have written to County and State election offices arguing that continuedunwillingness to relocate the Precinct 309 polling location would constitute an alleged violationof Section 2 of the Voting Rights Act. Though this may be a relatively broad reading of thestatute, the U.S. Department of Justice has successfully published at least 15 cases of Section 2litigation based on defendants unlawfully diluting African American and other minority voting

blocs since 1988. A Section 2 complaint against Waller County could cost at minimum $30,000if a quick resolution were sought. Such a resolution would likely take the form of a consentdecree and might be congruent to the proposal TTV offers now.

Legal fees are just one factor the County must consider in this risk assessment. The negativepublic relations impact from civil rights litigation offered by the DOJ could be long-standing andcomprehensive. In a time when minorities from California, Michigan and New York are fleeingto Texas for better economic opportunities, the last issue the Texas needs is to be branded asdiscriminatory.


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Observed Conclusion. Civil rights litigation risks and negative public relationsimpacts have never been greater. Continued treatment of this matter as a localissue will most likely lead to being resolved on the national stage.

Summary Conclusion

True the Vote understands the question of on-campus voting for PVAMU students has long beenseen as a local matter to be resolved by resident stakeholders. However, population trends and

voter turnout rates indicate that current poll positioning is no longer optimal for Precinct 309.Given the overtly hostile legal environment surrounding Texas, this matter could easily serve asancillary evidence of structural discrimination for pending litigation or risk inspiring a uniqueclaim under Section 2 of the Voting Rights Act. TTV offers its proposal having spoken withstudent leadership, county officials and the Texas Secretary of States office.


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ADDENDUM


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VIA EMAIL, FIRST CLASS MAIL

August 20, 2013

Debbie Hollan

Waller County Clerk

c/o Robyn German, Elections Administrator

Waller County Courthouse

836 Austin Street, Room 103

Hempstead, TX 77445

RE: Questions concerning a Prairie View A&M University voting location

Dear Ms. Hollan and Ms. German:

It has come to True the Votes attention, thanks to concerned student leaders and civil rights-

focused media organizations, that a polling location convenient to Prairie View A&M University

students has been inconsistently offered in previous elections. Weve been told that although

municipal elections are held on campus, Waller County has opted to utilize the County

Community Center on FM 1098. We write your office today to gain clarification on this matter.

In an effort to ensure we have a thorough understanding of the issue, would you please help usunderstand the countys position on the following:

Does the PVAMU Memorial Student Center fail to meet certain criteria for a votinglocation under County or Texas standards?

Does the Waller County Community Center have a greater occupancy allowance than theproposed site?

Does your office know of any other barriers to utilizing the Memorial Student Center as apermanent voting location?

True the Vote certainly understands the logistical and legal complexities of executing an election

regardless of scope. It is our hope that your response clears up a matter that could otherwise

be needlessly politicized and risk creating a negative impression of a state now able to operate in

a post-preclearance environment.


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We look forward to your prompt response on this matter. A meeting to fully discuss these

matters in your office would certainly be welcome as well.

Thank you very much for your time and service.

Sincerely,

Catherine EngelbrechtFounder & PresidentTrue the Vote

9.4.13 pvamu voting location proposal

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