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    Judge dismisses fraud case against Texas man who waited seven hours to vote

    Judge dismisses fraud case against Texas man who waited seven hours to voteHervis Rogers, who drew national praise, was arrested by state attorney general Ken Paxton for voting illegally while on parole A Texas judge has dismissed voter fraud charges against Hervis Rogers, the Houston man who drew national attention– – and praise– – for waiting seven hours in line to vote in the March 2020 presidential primary.Rogers, who is Black, became a symbol of tenacity when news of the circumstances surrounding his voting experience surfaced. He stuck around– – despite working two jobs, including one beginning at 6am– – and was among the last, potentially the last, Texas resident to vote, according to KERA news.New Mexico official first politician removed over January 6 attackRead more“I wanted to get my vote in, voice my opinion,” he said to a local ABC affiliate. “I wasn’t going to let anything stop me, so I waited it out.”But Republican Ken Paxton, the Texas attorney general, ordered Rogers’ arrest in July 2021, for casting a ballot while on parole. Rogers became one of the dozens of voters nationwide swept up by heightened GOP efforts to pursue election fraud cases; while many Republicans insist there is widespread voting fraud, there is no evidence to support this claim, according to the Associated Press.This prosecution did not succeed, however. The state’s court of criminal appeals said on several occasions that Paxton did not have the authority to unilaterally prosecute voting crimes, according to the Texas Tribune. The judge’s decision earlier this week to dismiss two illegal voting counts against Rogers comes more than one year after the appeals court repeated their position, the news outlet stated.“I am thankful that justice has been done,” Rogers reportedly commented. “It has been horrible to go through this, and I am so glad my case is over. I look forward to being able to get back to my life.”Rogers had been on parole since 20 May 2004 following a 1995 prison conviction for burglary. His parole was scheduled to end on 13 June 2020, according to Houston Public Media.Under Texas law, knowingly casting a ballot while on probation or parole is a second-degree felony, carrying a maximum penalty of 20 years in prison. Rogers maintains that he didn’t know about his ineligibility, the Texas Tribune said.Since Paxton assumed office in 2015, most of the people his office has prosecuted for voter fraud have been persons of color. The American Civil Liberties Union found that a minimum of 72% of these election fraud cases were against Black and Latino persons, according to the Houston Chronicle.The ACLU analysis also found that at least 45% of these cases were against Black and Latino women.Rogers’ court victory this week is not the only high-profile legal setback for Republican-led election fraud cases. A Miami judge on Friday dismissed two felony counts against Robert Lee Wood, who was recently arrested in a crackdown led by Florida governor Ron DeSantis.Florida prosecutors alleged that Wood, who is Black, was ineligible to vote due to a 1991 felony conviction. Wood– – who was approached by a voter-registration canvasser, and subsequently sent a registration card– – said he didn’t know about his ineligibility.Florida officials said they would fight the judge’s decision.“Given that elections violations of this nature impact all Florida voters, elections officials, state government, and the integrity of our republic, we continue to view the Florida office of statewide prosecution as the appropriate agency to prosecute these crimes,” Bryan Griffin, a DeSantis spokesman, commented in a statement. “The state will continue to enforce the law and ensure that murderers and rapists who are not permitted to vote do not unlawfully do so. Florida will not be a state in which elections are left vulnerable or cheaters unaccountable.”“We believe this was an incorrect analysis of jurisdiction and OSP will appeal,” the statewide prosecutor, Nicholas Cox, said in a statement.TopicsUS newsThe fight to voteUS politicsTexasFloridanewsReuse this content More

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    GOP Voter Fraud Crackdowns Falter as Charges Are Dropped in Florida and Texas

    Dealing setbacks to Republican-led voter fraud prosecutions, judges in Florida and Texas this week dropped charges against two former felons who had been accused of casting ballots when they were not eligible to do so because of their status as offenders.Robert Lee Wood, one of those two felons, was part of an August roundup spearheaded by Gov. Ron DeSantis of Florida, a Republican, on voter fraud.On Friday, a circuit court judge in Miami-Dade County granted a motion to dismiss two felony charges related to voter fraud against Mr. Wood, 56, who spent two decades in prison for second-degree murder. Mr. Wood was among the 20 people who were recently arrested in Florida on voter fraud charges and became the first defendant to have them dropped.And on Monday, a district court judge in Texas set aside the indictment of Hervis Earl Rogers, a Houston man who gained widespread attention for waiting seven hours to vote during the 2020 primary election. Last year, Ken Paxton, the Texas attorney general and a Republican, charged Mr. Rogers with voting illegally because he was on parole.A lack of evidence of widespread voter fraud has not stopped Republicans from aggressively pursuing it in states where they hold power. Now, the unraveling of the two high-profile cases has compromised the legitimacy of those efforts.Bryan Griffin, a spokesman for Mr. DeSantis, said in an email on Friday that the state disagreed with the dismissal of charges against Mr. Wood and would appeal the ruling.“The state will continue to enforce the law and ensure that murderers and rapists who are not permitted to vote do not unlawfully do so,” Mr. Griffin said. “Florida will not be a state in which elections are left vulnerable or cheaters unaccountable.”The State of the 2022 Midterm ElectionsBoth parties are making their final pitches ahead of the Nov. 8 election.Where the Election Stands: As Republicans appear to be gaining an edge with swing voters in the final weeks of the contest for control of Congress, here’s a look at the state of the races for the House and Senate.Biden’s Low Profile: President Biden’s decision not to attend big campaign rallies reflects a low approval rating that makes him unwelcome in some congressional districts and states.What Young Voters Think: Twelve Americans under 30, all living in swing states, told The Times about their political priorities, ranging from the highly personal to the universal.In Minnesota: The race for attorney general in the light-blue state offers a pure test of which issue is likely to be more politically decisive: abortion rights or crime.The ruling by Judge Milton Hirsch of the 11th Judicial Circuit was limited to jurisdictional issues and not Mr. Wood’s voting status. It said that state prosecutors did not have standing in what was a local criminal proceeding. The prosecutors had tried to argue that they did have jurisdiction, because Mr. Wood’s voter application and ballot were processed in another county.“Given that elections violations of this nature impact all Florida voters, elections officials, state government, and the integrity of our republic, we continue to view the Florida Office of Statewide Prosecution as the appropriate agency to prosecute these crimes,” Mr. Griffin said.Larry Davis, a lawyer for Mr. Wood, said in an interview on Friday that his client was approached in the summer of 2020 by a voter drive representative at a Miami-area Walmart asking if he wanted to register to vote.When Mr. Wood told the person that he was a convicted felon, the person said that a state constitutional amendment had restored voting rights to felons and so he filled out an application, according to Mr. Davis. The amendment, however, excluded people convicted of murder or felony sex offenses and required them to apply separately to have their rights reinstated.Mr. Wood received a voter card from the state six or seven weeks after filling out the application, said Mr. Davis, who described the dramatic scene when his client was arrested at 6 a.m. in August.“The house was surrounded with police that had automatic weapons,” Mr. Davis said. “They wouldn’t even let him get dressed and they took him to jail.”In Florida, a conviction of voter fraud requires proof of intent. Mr. Davis said “there’s absolutely no proof” that his client willfully broke the law.The legal setback for Mr. DeSantis, who is running for re-election in November and has White House ambitions, came days after the release of body camera footage from law enforcement officers in the Tampa area who carried out similar arrests. In the videos, the people arrested seemed puzzled and appeared to have run afoul of the law out of confusion rather than intent.Mr. Davis said that he had requested the body camera footage from Mr. Wood’s arrest, but had not yet received it.In the case of Mr. Rogers in Texas, Judge Lisa Michalk of the 221st District Court in Montgomery County, which is about 40 miles north of Houston, ruled on Monday that Mr. Paxton as Texas’s attorney general did not have the authority to independently prosecute criminal offenses under the Election Code.A spokeswoman for Mr. Paxton did not immediately respond to requests for comment on Friday.In a statement, Mr. Rogers expressed his relief that the indictment had been set aside.“I am thankful that justice has been done,” Mr. Rogers said. “It has been horrible to go through this, and I am so glad my case is over. I look forward to being able to get back to my life.”Tommy Buser-Clancy, senior staff attorney at the American Civil Liberties Union of Texas and one of the lawyers who represented Mr. Rogers, in a statement this week lamented what happened to Mr. Rogers.“He never should have been prosecuted in the first place, and this ruling allows him to put this traumatic ordeal behind him and move on with his life,” Mr. Buser-Clancy said. More

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    Texas County Asks for U.S. Election Monitors as State Plans to Send Inspectors

    Officials from Harris County in Texas on Thursday requested federal election monitors from the Justice Department’s Civil Rights Division after the State of Texas confirmed this week that it would send a contingent of election inspectors there during the midterms in November. The state’s move added a layer of scrutiny tied to an active examination of vote counts from 2020 that former President Donald J. Trump had sought.But that step quickly drew criticism from some officials in Harris, Texas’ most populous county, which includes Houston. They accused the state of meddling in the county’s election activities as early in-person voting is about to begin on Monday in Texas.Christian D. Menefee, the county’s attorney, said in a statement on Thursday that the state’s postelection review was politically driven and initiated by Mr. Trump. Still, he said, the county would cooperate with the inspectors.“We’re going to grant them the access the law requires, but we know state leaders in Austin cannot be trusted to be an honest broker in our elections, especially an attorney general who filed a lawsuit to overturn the 2020 presidential election,” Mr. Menefee said. “We cannot allow unwarranted disruptions in our election process to intimidate our election workers or erode voters’ trust in the election process.”The Justice Department did not immediately comment.The skirmish over the inspectors, who will arrive as votes are being counted, highlighted the recurring tensions between Republicans who hold power at the state level and officials in Harris County, which Democrats control and which Joseph R. Biden Jr. carried by 13 percentage points in 2020.The State of the 2022 Midterm ElectionsBoth parties are making their final pitches ahead of the Nov. 8 election.Where the Election Stands: As Republicans appear to be gaining an edge with swing voters in the final weeks of the contest for control of Congress, here’s a look at the state of the races for the House and Senate.Biden’s Low Profile: President Biden’s decision not to attend big campaign rallies reflects a low approval rating that makes him unwelcome in some congressional districts and states.What Young Voters Think: Twelve Americans under 30, all living in swing states, told The Times about their political priorities, ranging from the highly personal to the universal.Debates Dwindle: Direct political engagement with voters is waning as candidates surround themselves with their supporters. Nowhere is the trend clearer than on the shrinking debate stage.The opposing forces previously clashed over the county’s expansion of voting access. Republicans in Texas enacted restrictions last year that included an end to balloting methods introduced in 2020 to make voting easier during the pandemic, like drive-through polling places and 24-hour voting. Both were popular in Harris County.In a letter detailing the inspection plan, Chad Ennis, the secretary of state’s forensic audit division director and a Republican, said on Tuesday that he still had concerns about some vote-count discrepancies from 2020 in Harris County.“These inspectors will perform randomized checks on election records, including tapes and chain of custody, and will observe the handling and counting of ballots and electronic media,” Mr. Ennis said. The term “chain of custody” referred, in this case, to records of who had access to the equipment and why several mobile ballot boxes were created for some locations but only certain ones were used.No credible evidence has emerged of widespread voter fraud from Texas’ 2020 postelection review, which Gov. Greg Abbott, a Republican, ordered to be conducted last year in the state’s four most populous counties at Mr. Trump’s urging. (Mr. Trump won in Texas with 52 percent of the vote in 2020.)Mr. Ennis also revealed on Tuesday that a task force from the Texas attorney general’s office would be dispatched to Harris County for the election to respond “at all times” to what he characterized as “legal issues” to be identified by the secretary of state, inspectors, poll watchers or voters. The specter of Election Day disputes is particularly heightened this year, with right-wing groups nationwide focused on challenging voters’ eligibility..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.In a statement on Wednesday, Judge Lina Hidalgo, a Democrat who is the top official in Harris County, assailed the state’s latest intervention.“The timing of this letter is — at best — suspicious,” Judge Hidalgo said. “It was sent just days before the start of early voting, potentially in an attempt to sabotage county efforts by sowing doubt in the elections process, or equally as bad, by opening the door to possible inappropriate state interference in Harris County’s elections.”Sam Taylor, a spokesman for the secretary of state, said in an email on Thursday that it was commonplace for inspectors to be dispatched to counties.“I want to add — because I’m sure you will get histrionic statements from so-called ‘civil rights’ organizations in Texas claiming ‘voter intimidation’— that during the primaries this year, the Harris County elections office initially misplaced approximately 10,000 mail-in ballots,” Mr. Taylor said.On Thursday after the county asked for federal monitors, Mr. Taylor released another statement, calling Harris County’s request “an attempt to mislead voters, members of the public, the press and the U.S. Department of Justice.” He added that the “Texas secretary of state’s office has sent election inspectors to Harris County every year, and have never before seen a request for the Department of Justice to ‘monitor the monitors.’”At the time of the error Mr. Taylor cited, county officials said that they had neglected to count the ballots but that they were not misplaced. The county hired a third-party consulting firm to examine its elections operation and make recommendations for improvements.In a statement this week, Clifford Tatum, the Harris County elections administrator, said he was focused on the task at hand.“As you know, we’re five days away from the start of early voting for the Nov. 8 election, and we are focused foremost on ensuring this election runs smoothly,” Mr. Tatum said.Mr. Tatum did not preside over the primary in March in Harris County. He was appointed in August after Isabel Longoria, who had held the post, resigned during the fallout over the primary. More

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    ‘No loyalties here’: Latino voters to play crucial role in Texas races

    ‘No loyalties here’: Latino voters to play crucial role in Texas races Democrats are hoping to win a statewide election for the first time since 1994, but courting Latino votes will be more important than everJobs, healthcare and the cost of living drive voter turnout in Texas.And, for these upcoming midterm elections, that has left political candidates to tread a fine line between the values of their national parties and those held by voters whose interests lie more and more outside rigid Democratic and Republican lines.Are Latino voters really moving right? The end of Roe may muddy the pictureRead moreThat was clear on a hot afternoon this September that saw a crowd of more than a dozen volunteers walk the streets of a neighborhood in Pharr, Texas, passing out flyers and talking up the Democratic candidate for the district 15 US House of Representatives seat, one of the most competitive races in the country. Many are waiting to see if the party can preserve or will surrender its thin advantages in both congressional chambers.Michelle Vallejo is a young 31-year-old progressive running in the Rio Grande valley, a region which was thought to be a Democratic stronghold for many years, until the redrawing of districts and ever-diverging parties tested alliances.Janie Garza, 67, avoided political engagement until she volunteered for Vallejo’s campaign that sweltering September afternoon. “I’ve never done this before and it’s really hot,” Garza said. “I’ve never been involved in any politics but Michelle really inspired me.”Incidentally, Garza was canvassing in the neighborhood she grew up in as a child. After getting married and starting a family, she moved further away, but with her children now grown and having lives of their own, Garza felt compelled to try to usher change.“It’s hard to hear of a woman who is looking out for our wellbeing, especially here in the valley,” Garza said about Vallejo. Referring to the culture of machismo – strong masculinity – that still persists in some Latino communities, Garza added: “It’s more of a man-type of group.”The Rio Grande valley is a sprawl of four counties – Hidalgo, Cameron, Starr and Willacy – with a mostly Latino population of more than 1 million people and about 700,000 registered voters.Poverty rates there are more than double the national average. The uninsured rate is about three times over the national average. And people earn between $14,000 (£12,360) to $18,000 (£15,890) annually, far below the $35,000 (£30,899) made each year by Americans in other parts of the country.Keeping the loyalty of voters there is essential if Democrats want to finally win a statewide Texas election for the first time since 1994 – or for Republicans to push that specter further away than ever.Politics are not top of mind for many people whose doors are knocked on. In Hidalgo county, where Vallejo canvassed, more than 43% of registered voters did not cast a ballot in the 2020 election that brought Joe Biden into power.On that September day, a few residents opened their doors to the volunteers. But most didn’t answer, and the volunteers left their flyers at the door or at the gate.One time, two young men who greeted the volunteers said that they don’t vote.“I have two boys,” Garza said. “I’m kind of in the middle, because one of them is a Republican and the other one is a Democrat. So, which one am I going to call today and tell them that I block-walked?” she said, laughing.That is because Garza – like many voters in south Texas – struggles with labels.“Actually, I’ve always been one to look at the individual,” Garza said when asked about her political affiliation, “but I think now with Michelle, I think I’m going to say that I’m with her party. So, Democrat.”Reevaluating how they voteMany of the candidates in the valley run as Democrats, especially in local races. But the Republican party – whose anti-immigrant rhetoric around the US-Mexico border can turn off some Latino voters – has made some gains there in recent years, hammering home a message of jobs and prices.“We did see some voters swing, you know, from the left to the right,” Vallejo said. “But I also feel like voters in general have started to reevaluate how they vote.”Vallejo describes herself as a Christian but supports giving women nationwide a right to choose whether an abortion is right for them – a concept that the US supreme court eliminated with its June ruling to reverse the 1973 landmark case Roe v Wade.Ad campaign targets Latino voters as key bloc for Democrats in midtermsRead moreBefore she began her campaign, Vallejo had an earnest conversation with her religious grandmother who opposes abortion. She knew she would have to repeat much of that talk with the largely Catholic demographic in her district whose views on the issue align more with the GOP.“Democrats, and even some of the Democrats and other parts of Texas like Houston, Dallas, Austin, they think because the majority of south Texas and valley residents are Hispanic, that that means they’re liberals or progressives, and they’re not,” Democratic strategist Colin Strother said.Strother’s experience spans local, state and federal election that includes the most recent race for the famously moderate Democrat, US House representative Henry Cuellar, who ran in a primary each of the last two cycles and has won only narrowly over a progressive challenger.Cuellar’s trademark is his straddling of defining party issues. Notably, he champions messaging that opposes abortion rights, breaking with more progressive Democrats who embrace the pro-choice label.Meanwhile, he and another valley congressman, Vicente Gonzalez, voted against a bill aiming to ban semi-automatic weapons. They were among only five Democrats in the chamber to oppose the bill, which was proposed after a series of deadly mass shootings and ultimately failed in the Senate.And they were the only US House representatives from Texas to break with their respective party on the vote.Those positions are reflected at the state legislative level too. A recently retired state senator, Eddie Lucio Jr, voted last year in favor of Texas’ controversial “heartbeat” bill, which made abortions illegal if a fetal heartbeat could be detected and made no exceptions for victims of rape or incest.Ultrasounds can detect a fetal heartbeat at six weeks, though many don’t even know they’re pregnant at that point.“They are not a rubber stamp for any one political party,” Strother added. “There are aspects of the Republican platform that they support and agree with. There are aspects of the Democratic platform that they support and agree with.”Strother said much of the misconception about south Texas voters and their reality as an increasingly purple – rather than blue or red – electorate comes from the repeated wins for Democrats in the area.People tend to vote blue in the valley because “they [want] to be able to have a say in their local elections”, where candidates have the tendency to run as Democrats, Strother said. “They are not liberals. They’re not progressives. And that’s the big disconnect in our party. And, you know, the state party – and Texas – has ignored that region for decades.”During the summer, the Democrats lost a key race in south Texas when Republican newcomer Mayra Flores, a respiratory care practitioner by trade, won a special election made necessary by US House representative Filemon Vela stepping down during an unexpired term representing the state’s 34th district.‘No loyalties here’Redistricting has set up a rare race in which Flores is facing fellow incumbent Gonzalez, who’s been essentially moved out of his 15th district seat. Meanwhile, in the redrawn 15th district, Vallejo is squaring off with Republican candidate Monica De La Cruz, whom the GOP hopes can capitalize on social values which frequently clash with the Democratic party’s key positions.“There are no loyalties here,” Flores said of her district. “Our loyalties in south Texas are with God, it’s with our families, it’s with our communities, not with the political party.”Flores brought novelty to the race as a Latina Republican and an immigrant born south of the border in Burgos, Mexico.Regardless of the outcome of that race, elections like Flores’ in south Texas were likely going to be competitive anyway, Republican strategist Matt Mackowiak said.“I think they were going to be competitive either way because of the shift that you’re seeing in that region,” Mackowiak said. “But I do think that Mayra’s victory created belief, you know, to a greater extent than probably people felt before.”Mackowiak, who has worked in his field for the last 13 years, said he saw the political tea leaves turning red during a 2018 campaign he helped run. Pete Flores, a Republican, ran in a special election for the district 19 seat of the state senate, an area that covers western south Texas.“You know, that was the canary in the coalmine, that race,” Mackowiak said. “And I think it showed that an authentic, credible Hispanic Republican, if they do the work, can win in that part of our state.”Pete Flores took 56% of votes for a seat previously held by a Democrat who had admitted to taking bribes.Mayra Flores’ victorious Pentecostal Christian, anti-abortion, pro-gun, pro-law enforcement and pro-oil and gas platform was another lesson for Republicans. Many of those political stances are tough for Democrats to take while staying in line with the party’s broader federal agenda.“I know they learned a lot from … the tactics that were used, the data that was collected, and that will apply to what they’re doing now and through the rest of the fall election,” Mackowiak said.Strother, the Democratic strategist, acknowledged that Dan Sanchez’s defeat to Mayra Flores stung his party and predicted Republicans would use both her past success and her current re-election campaign to reinforce their goals for south Texas.“They were going to make sure they won that special to keep that narrative going to try to make that narrative real, even if it’s not real yet,” Strother said. “And the Democrats took a nap. And you know, we lost a race that we should have won.”Some believe the redistricting last year that changed the boundaries around south Texas – including the Rio Grande valley, something made possible because the GOP controls the state legislature and the governor’s mansion – created opportunities for Republicans to gain a foothold. “They started lowering the Republican number in their super safe districts, so they could reallocate those Republicans into districts that might not be safe,” Strother said.As a result, some districts considered safe Democrat wins are now toss-ups. While strategists continue to watch the money poured into races, TV ads bought, and polls gauging a party’s winning chances, local candidates feel confident they know their prospective constituents.Mayra Flores walked through Cameron county neighborhoods and heard from elderly men forced out of retirement and back into the labor force by the rising cost of living. She said she spoke with a mother who took out a loan to pay for her children’s back-to-school clothing – and with residents in Brownsville whose utility bills grew from $300 to $900 (£265 to £795).“The district is 90% Hispanic – I am looking after my people,” Flores said.Her campaign emphasizes her identifying with border culture.A recent TV ad in support of Flores takes place at a family carne asada – or cookout – which is a staple of Latino households, particularly Mexican ones.“I’m raza,” Flores said, using the Spanish word for “race” to signal that she’s one with the border’s unique culture.Flores hopes Rio Grande valley voters could be swayed by someone who looks and sounds like them – but represents a political perspective that is different from past successful ones.“We need Hispanics on both sides,” Flores said, referring to political parties. “We need equal representation. Nothing will pass [congress] if you don’t have a voice on both sides.”TopicsUS midterm elections 2022The Latino voteUS politicsTexasfeaturesReuse this content More

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    The ‘Sleeping Giant’ That May Decide the Midterms

    The choices made by Latino voters on Nov. 8 will be crucial to the outcome in a disproportionate share of Senate battleground states, like Arizona (31.5 percent of the population), Nevada (28.9), Florida (25.8), Colorado (21.7), Georgia (9.6) and North Carolina (9.5).According to most analysts, there is no question that a majority of Hispanic voters will continue to support Democratic candidates. The question going into the coming election is how large that margin will be.In terms of the battle for control of the House, three Hispanic-majority congressional districts in South Texas — the 15th, 28th and 34th — have become proving grounds for Republican candidates challenging decades of Democratic dominance. In a special election in the 34th district in June, the Republican candidate, Mayra Flores, prevailed.Two weeks ago, The Texas Tribune reported that:Since Labor Day, outside G.O.P. groups have blasted the Democratic nominees on multiple fronts, criticizing them all as weak on border issues and then zeroing in on candidate-specific vulnerabilities. Democratic groups are countering in two of the races, though for now, it is Republicans who appear to be in a more offensive posture.Last week, Axios reported that in the 15th Congressional district, which is 81.9 percent Hispanic, national Democratic groups had begun to abandon its nominee as a lost cause:Texas Democrat Michelle Vallejo, a progressive running in a majority-Hispanic Rio Grande Valley district against Republican Monica de la Cruz, isn’t getting any Democratic Congressional Campaign Committee support in her Trump +3 district. House Majority PAC is planning to cancel the scheduled ad reservations for her at the end of the month, according to a source familiar with the group’s plans.Across a wide range of studies and exit poll data analyses, there is general agreement that President Donald Trump significantly improved his 2016 margin among Hispanic voters in 2020, although there is less agreement on how large his gain was, on the demographics of his new supporters, or on whether the movement was related to Trump himself, Trump-era Covid payments or to a secular trend.In their July 2022 paper “Reversion to the Mean, or their Version of the Dream? An Analysis of Latino Voting in 2020,” Bernard L. Fraga, Yamil R. Velez and Emily A. West, political scientists at Emory, Columbia and the University of Pittsburgh, write that there isan increasing alignment between issue positions and vote choice among Latinos. Moreover, we observe significant pro-Trump shifts among working-class Latinos and modest evidence of a pro-Trump shift among newly-engaged U.S.-born Latino children of immigrants and Catholic Latinos. The results point to a more durable Republican shift than currently assumed.That is, the more Hispanic voters subordinate traditional party and ethnic solidarity in favor of voting based on conservative or moderate policy preferences, the more likely that are to defect to the Republican Party.The authors caution, however, that nothing is fixed in stone:On the one hand, there is evidence that working-class Latino voters became more supportive of Trump in 2020, mirroring increases in educational polarization among the mass public. If similar processes are at play for Latinos — and if such polarization is not Trump-specific — then this could mean a durable change in partisan loyalties.On the other hand, they continue,Historical voting patterns among Latinos reveal natural ebbs and flows. Using exit poll data from 1984-2020, political scientist Alan Abramowitz finds that the pro-Democratic margin among Latinos ranges from +9 in 2004 to +51 in 1996, with an average margin of +35 points. Instead of reflecting a durable shift, 2020 could be a “reversion to the mean,” with 2016 serving as a recent high-water mark for the Democrats.In an email responding to my inquiry about future trends, Fraga wrote:My sense is that most of the Latinos who shifted to the Republican Party in 2020 have not returned to the Democratic Party. Many of these new Republican converts were ideologically conservative pre-2020, so Republicans didn’t have to shift their policy message very much to win them over.“Portrait of a Persuadable Latino” — an April 2021 study by the nonprofit Equis Research of Hispanic defections from the Democratic Party — found similar overall trends to those reported in the Fraga-Velez-West paper, but revealed slightly different demographic patterns.The Equis survey found that the largest percentage tilt toward Trump was among women, at plus 8 percent, compared with men, at 3 percent; among non-college Latinos, plus 6, compared with just 1 percent among the college educated; among Protestants, plus seven compared with plus 5 among Catholics and plus 15 percent among conservative Hispanics — compared with no tilt among liberals and a plus 4 percent tilt among moderates.Carlos Odio, co-founder and senior vice president at Equis Labs, a nonprofit committed “to massively increase civic participation among Latinos in this country,” emailed a response to my query about Hispanic voter trends:While Latinos shifted toward Republicans between 2016 and 2020, an 8-point swing toward Trump, we do not see evidence of a further decrease in Democratic support since Biden’s win. In most states, things do not look worse for Dems with Latinos than they did in the last election, nor do they look better.But, Odio pointedly cautioned,The political environment has the potential to lead to further erosion of Democratic support among Latinos. A meaningful share of Latino voters remain on the fence, having not firmly chosen a side in the election. These late breakers could move toward either party, or toward the couch, before the midterms are over.Odio sent me a September 2022 Equis report, “Latino Voters in Limbo — A Midterm Update,” which found thatYoung Latinos (18-34), Latino men, and self-identified conservatives are overrepresented among the 2020 Biden voters who today disapprove of the president’s job performance. Among the most likely to be undecided today are ideological holdouts: conservative and moderate Latinos who have held back from Republicans, despite seeming to share some characteristics with their G.O.P.-supporting white counterparts. Notably Republicans have not increased support among these Latinos in the last year in almost any state — likely because a large majority of conservative or moderate Latinos who don’t yet vote Republican believe Democrats “care more about people like them.”Today, the report continues, “what keeps many Latinos on the fence is again concerns about the economy and fears that Democrats don’t consistently prioritize the economy, handle it as decisively as business-obsessed Republicans, or value hard work.”A separate Equis study, “2020 Post-Mortem: The American Dream Voter,” found that a negative attitude toward socialism was a factor among Hispanics nationwide, especially among those who stress the importance of working hard to get ahead:There isn’t one overriding concern about “socialism”— but a package of complaints usually rises to the top around government control over people’s lives, raising taxes, and money going to ‘undeserving’ recipients. If a through line exists, it is a worry over people becoming “lazy and dependent on government’ by those who highly value hard work.”The American Dream Voter study found that the declining salience of immigration in 2020 compared with either 2016 or 2018, combined with the debate in 2020 over Covid lockdowns versus reopening the economy, diminished ethnic solidarity in 2020, allowing conservative Hispanics to shift their allegiance to the Republican Party:The economy unlocked a door: the issue landscape shifted to more favorable ground for Trump, opening a way for some Latinos who found it unacceptable to vote for him in 2016. The socialism attack broke through: it created a space for defection,” according to the report’s authors. “Democrats retain some natural credibility with Latino voters but have lost ground on workers, work and the American Dream; they’re also open to attack for taking Hispanics for granted; Republicans have some openings but are still held back by their image as the uncaring party of big corporations.In 2016, the study continued,some Latinos who we might predict would vote Republican — based on their demographics, partisanship and ideology — were held back from supporting Trump by (a) opposition to his hard-line immigration positions and (b) the importance of their Hispanic identity. By the middle of 2020, neither views on immigration nor the role of Hispanic identity were showing a major effect on vote choice — they were no longer cleanly differentiating Trump voters from Democratic voters.In 2018, according to the study, “Trump lost even the conservatives on family separation. But family separation was not front-and-center by the end of the (2020) election. Reopening the economy — one of Trump’s most popular planks with Latino voters — was.”A 2021 Pew Research report found that Latinos view anti-Hispanic discrimination differently from anti-Black discrimination. Hispanic voters were asked whether “there was ‘too much,’ ‘about the right amount’ or ‘too little’ attention paid to race and racial issues” when it comes to Hispanics and then asked the same question about Black Americans.Just over half, 51 percent, of Latino respondents said, “too little” attention is paid to discrimination against Hispanics, 28 percent said, “about the right amount” and 19 percent said, “too much.” Conversely, 30 percent of Latino respondents said that in the case of Black Americans, “too little” attention is paid to discrimination, 23 percent said, “about the right amount” and 45 percent said, “too much.”The American Dream Voter survey Equis performed found that when Hispanics were asked “which concerns you more, Democrats embracing socialism/leftist policies or Republicans embracing fascist/anti-democratic policies,” 42 percent of Latinos said socialism/leftist policies and 38 percent said fascist/anti-democratic politics.Equis did find substantial Democratic advantages when Hispanics were asked which party is “better for Hispanics” (53-31), which “is the party of fairness and equality” (51-31) and which party “cares about people like you” (49-32). But the Democratic advantage shrank to statistical insignificance on key bread-and- butter issues: which party “values hard work” 42-40 and “which is the party of the American dream” 41-39, and a dead 42-42 heat on “which party is better for the American worker?”Last month, Pew Research released a survey that showed continuing Democratic strength among Hispanics, “Most Latinos Say Democrats Care About Them and Work Hard for Their Vote, Far Fewer Say So of G.O.P.”Pew found that over the past four years, Democrats experienced a modest gain in partisan identification among Hispanics over Republicans, going from 62-34 (+28) in 2018 to 63-32 (+31) in 2022.From March 2022 to August 2022, the share of Latinos identifying abortion as a “very important issue” shot up from 42 to 57 percent in response to the Supreme Court’s decision’s decision in Dobbs in June. Hispanics favor abortion rights by a 57-40 margin, slightly smaller than the split among all voters, 62-36, according to Pew.At the same time, the percentage of Latino respondents listing violent crime among the most important issues rose from 61 to 70 percent; support for gun control rose from 59 to 66 percent; and concern over voter suppression rose from 51 to 59 percent.Registered Latino voters split 53-26 in favor of voting for a generic Democratic congressional candidate over a generic Republican, according to Pew, but there were striking religious differences: Catholics, who make up 47 percent of the Hispanic electorate, favored a generic Democratic House candidate 59-26; evangelical Protestants, 24 percent of Hispanics, backed Republicans 50-32; Latinos with little or no religious affiliation, 23 percent, backed Democrats 60-17.Matt A. Barreto, a professor of political science and Chicana/o & Central American Studies at U.C.L.A, pointed to data in the Oct. 2 National Association of Latino Elected and Appointed Officials weekly Latino voter poll:Indeed if you look at issues like access to abortion, student debt, immigrant rights and gun violence, there are no signs at all that Latinos are becoming more conservative. When asked about government policy, 70 to 80 percent of Latino voters give support to the Democratic Party policy agenda. Indeed for the fourth week in a row, the NALEO tracking poll shows that abortion rights are the number two most important issue to Latino voters in 2022 and issues such as mass shootings and lowering the costs of health care are top 5 issues as well.Trump’s 2020 gains reflected “a clear pattern that concern over the Covid economic slowdown helped Trump make temporary gains with Latino voters,” Barreto argued. “Because so many were negatively impacted by the slumping economy in 2020, Trump was able to convince at least some Latinos that he would reopen the economy faster.”Despite those improvements, Barreto contended, “the reality is that Trump’s gains in 2020 were not part of any pattern of realignment or ideological shift among Latinos. As the national economy continues to recover and improve, Biden favorability continues to recover among Latinos.”In September 2020. Ian F. Haney López, a law professor at the University of California- Berkeley, wrote an essay for The Times with Tory Gavito, president of Way to Win, a liberal advocacy group. They wrote that when they asked white, Black and Hispanic votershow “convincing” they found a dog-whistle message lifted from Republican talking points. The message condemned “illegal immigration from places overrun with drugs and criminal gangs “and called for “fully funding the police, so our communities are not threatened by people who refuse to follow our laws.” Almost three out of five white respondents judged the message convincing. More surprising, exactly the same percentage of African Americans agreed, as did an even higher percentage of Latinos.In other words, Haney López and Gavito wrote, “Mr. Trump’s competitiveness among Latinos is real.” Progressives, they continued,commonly categorize Latinos as people of color, no doubt partly because progressive Latinos see the group that way and encourage others to do so as well. Certainly, we both once took that perspective for granted. Yet in our survey, only one in four Hispanics saw the group as people of color. In contrast, the majority rejected this designation. They preferred to see Hispanics as a group integrating into the American mainstream, one not overly bound by racial constraints but instead able to get ahead through hard work.I asked Haney López about the current political and partisan state of play among Hispanic voters going into the 2022 election. He emailed me his reply:As with white voters, the most important predictors of support for Republicans track racial resentment as well as anxiety over racial status. Rather than an ideological sorting, we are witnessing a racial sorting among Latinos — not in terms of anything so simple as skin color, but rather, in terms of those who seek a higher status for themselves by more closely identifying on racial grounds with the white mainstream, versus those who give less priority to race, or even see Latinos as a nonwhite racial group.Some Latinos, Haney López continued,are susceptible to Republican propaganda promoting social conflict and distrust. The greatest failure of the Democratic Party with respect to Latinos, and indeed the polity generally, is its failure to pursue policies and to stress stories that build social solidarity, especially across lines of race, class, and other wedge identities, including gender and sexual identity.Asked the same set of questions, Marcelo Suárez-Orozco, chancellor of the University of Massachusetts-Boston and a former dean of the U.C.L.A. Graduate School of Education & Information Studies, had a somewhat different take.By email, Suárez-Orozco wrote:I am unpersuaded by the claim that Hispanics are becoming more conservative. To be more precise, over time, they are becoming more American. The holy trinity of integration: language, marriage patterns, and connectivity to the labor market tell a powerful story. Over time, Hispanics mimic mainstream norms. They are learning English much faster than Italians did a century and a half ago, they are marrying outside their ethnicity at very significant rates, and their connectivity to the labor market is very muscular.To Suárez-Orozco, Latinos in the United States are primed to play an ever more significant role — in politics and everywhere else: “The dominant metaphor on Hispanics qua elections over the last half-century has been ‘the sleeping giant.’ When the sleeping giants wakes up: Alas, s/he is us.”The question is whether this sleeping giant will move to the right or to the left. The evidence points both ways — but this is not a contest the Democrats can afford lose.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More