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Texas can probe 'vote harvesting' through Election Day, appeals court rules

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Texas can probe 'vote harvesting' through Election Day, appeals court rules


Texas Attorney General Ken Paxton can continue investigating allegations of so-called vote harvesting through the November elections, a U.S. appeals court said Tuesday, a decision critics fear could have a chilling effect on voter outreach and turnout in the state.

The three-judge appellate court for the U.S. Fifth Circuit Court on Tuesday granted a temporary stay for certain portions of S.B. 1, or the 2021 Texas voting law, including a provision of the law that allows Paxton’s office to continue its investigations into alleged illegal “vote harvesting” efforts at least through the Nov. 5 elections. 

The stay will remain in place until a full appeal of the law is either granted or denied, according to the appellate decision.

Their decision temporarily overturns the ruling issued by U.S. District Judge Xavier Rodriguez late last month. Rodriguez ordered an immediate halt to the vote harvesting provision of S.B. 1, siding with plaintiffs in their contention that the provision is overly vague and a restriction of free speech.

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He also acknowledged their “widespread confusion” as to what constitutes the illegal practice of vote harvesting in Texas. 

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A voter wearing a protective mask and gloves, left, signs a document at a drive-through mail ballot. Texas Attorney General Ken Paxton speaks during the annual Conservative Political Action Conference meeting on Feb. 23, 2024. (Sergio Flores/Bloomberg via Getty Images | Mandel NGAN / AFP)

Paxton had immediately vowed to appeal that decision, arguing that the vote harvesting component of S.B. 1 is crucial to protecting election integrity in Texas and preventing voter fraud.

“Blocking our ability to investigate certain election crimes would have been a serious disruption to the electoral landscape with only a month left before Election Day,” Paxton said at the time.

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Still, the vaguely-defined scope of vote harvesting has prompted some advocacy groups and voter outreach groups in Texas to halt their canvassing, volunteering and other in-person election events altogether, citing fears of being swept up in a raid, or providing volunteers with food or transportation that could potentially be perceived as “compensation,” which is illegal under the law.

In writing for the three-judge appellate court on Tuesday, Judge James Ho appeared to back Paxton’s contention, noting that the provision in question had been on the books for “over three years” before the federal judge’s decision last month.

Still, plaintiffs in the lawsuit say their confusion remains over the vaguely worded definition of vote harvesting, which in turn they say has had a chilling effect on volunteer efforts in the state. 

That is, in part, due to the steep punishment for individuals convicted of the crime, which is classified under S.B. 1 as a third-degree felony.

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Individuals who give, offer, or receive some “compensation or other benefit” for so-called vote harvesting services can be convicted of the third-degree felony, S.B. 1 states, which is punishable by up to 10 years in prison and up to $10,000 in fines.

“Vote harvesting services” include any “in-person interaction with one or more voters, in the physical presence of an official ballot or a ballot voted by mail, intended to deliver votes for a specific candidate or measure,” according to the law’s text.

Paxton’s office has said previously that “secure elections are the cornerstone of our republic.” 

In August, his office’s Election Integrity Unit executed searches in three South Texas counties as part of the ongoing probe, which it says was conducted only after officials gathered enough evidence to obtain proper search warrants. 

Plaintiffs, however, allege that his office has used the provision to carry out illegal “voter raids” against advocacy groups and organizers in Texas.

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Poll workers sort out early and absentee ballots at the Kenosha Municipal Building on Election Day. (AP Photo/Wong Maye-E, File)

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Juan Proaño, the CEO of the League of United Latin American Citizens (LULAC), one of the plaintiffs in the lawsuit, lamented the ruling, telling Fox News in an interview Tuesday his group would appeal the case all the way to the Supreme Court if necessary.

“It’s really frightening to our community,” Proaño told Fox News of S.B. 1, noting the provisions have already had a “significant” chilling effect on voters and advocacy groups in Texas – which they have argued are both unjustified and used as a potential means of voter suppression.

“There’s no data at all that actually would show that non-citizens are participating in the election process,” he said, adding that LULAC “stands for election integrity.”

And so we will continue to litigate that all the way up to the Supreme Court, if we have to.” 

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Florida truck driver charged with intoxication manslaughter in fatal West Texas crash

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Florida truck driver charged with intoxication manslaughter in fatal West Texas crash


A Florida truck driver has been charged with intoxication manslaughter after a crash at a rural intersection left a South Texas man dead, authorities said.

Miguel Angel Casanova, 68, of Saint Cloud, Florida, suffered minor injuries in the crash and was wearing a seatbelt, according to investigators. After receiving treatment at Hendrick North Emergency Care, he was arrested on the charge.

RELATED| Abilene man charged with Intoxicated Manslaughter

Authorities identified the victim as Adam Lee Reyna, 26, of Mission, Texas. Reyna, who was driving a 2019 Dodge Ram pickup, died at the scene and was pronounced dead by Justice of the Peace Mike McAuliffe. His seatbelt use was not immediately known.

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According to a preliminary investigation, Casanova was traveling westbound on County Road 54 and approached a stop sign at the intersection with State Highway 351. Reyna was traveling northbound on the highway toward the same intersection.

RELATED| Christoval man indicted for Intoxication Manslaughter

Investigators said Casanova failed to yield at the stop sign, and the vehicles collided.

The impact caused Reyna’s pickup to catch fire, and it was destroyed, authorities said.

RELATED| Abilene man indicted for intoxication manslaughter

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Further investigation determined Casanova was intoxicated due to an overdose of medication at the time of the crash.

The investigation remains ongoing.



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Texas can require public schools to display Ten Commandments in classrooms, court rules

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Texas can require public schools to display Ten Commandments in classrooms, court rules


FILE – A copy of the Ten Commandments is posted along with other historical documents in a hallway of the Georgia Capitol, Thursday, June 20, 2024, in Atlanta. (AP Photo/John Bazemore, File)

DALLAS — Texas can require the Ten Commandments to be displayed in public schools, a U.S. appeals court ruled Tuesday in a victory for conservatives who have long sought to incorporate more religion into classrooms.

The 9-8 decision by the 5th U.S. Circuit Court of Appeals delivered a boost to backers of similar laws in Arkansas and Louisiana. Opponents have argued that hanging the Ten Commandments in classrooms proselytizes to students and amounts to religious indoctrination by the government.

In a lengthy majority opinion, the conservative-leaning appeals court in New Orleans rejected those arguments in Texas, saying the requirement does not step on the rights of parents or students.

“No child is made to recite the Commandments, believe them, or affirm their divine origin,” the ruling says.

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The American Civil Liberties Union and other groups that challenged the Texas law on behalf of parents said in a statement that they anticipate appealing the ruling to the U.S. Supreme Court.

“The First Amendment safeguards the separation of church and state, and the freedom of families to choose how, when and if to provide their children with religious instruction. This decision tramples those rights,” they said in the statement.

The mandate is one of several fronts in Texas that opponents have fought over religion in classrooms. In 2024, the state approved optional Bible-infused curriculum for elementary schools, and a proposal set for a vote in June would add Bible stories to required reading lists in Texas classrooms.

The decision over the Ten Commandments law reverses a lower federal court ruling that had blocked about a dozen Texas school districts — including some of the state’s largest — from putting up the posters. The Texas law signed by Republican Gov. Greg Abbott took effect in September, marking the largest attempt in the nation to hang the Ten Commandments in public schools.

From the start, the law was met almost immediately by a mix of embrace and hesitation in Texas classrooms that educate the state’s 5.5 million public school students.

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The mandate animated school board meetings, spun up guidance about what to say when students ask questions, and led to boxes of donated posters being dropped on the doorsteps of campuses statewide. Although the law only requires schools to hang the posters if donated, one suburban Dallas school district spent nearly $1,800 to print roughly 5,000 posters.

Texas Attorney General Ken Paxton, a Republican, called the ruling “a major victory for Texas and our moral values.”

“The Ten Commandments have had a profound impact on our nation, and it’s important that students learn from them every single day,” he said.

Tuesday’s ruling comes after the appeals court heard arguments in January in the Texas case and a similar case in Louisiana. In February, the court cleared the way for Louisiana to enforce its law requiring the display of the Ten Commandments in classrooms.

Republican Louisiana Attorney General Liz Murrill said the Texas ruling “adopted our entire legal defense” of the law in her state. In Alabama, Republican Gov. Kay Ivey also signed a similar law earlier this month.

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“Our law clearly was always constitutional, and I am grateful that the Fifth Circuit has now definitively agreed with us,” Murrill said in a statement posted to social media.

Judge Stephen A. Higginson, in a dissenting opinion joined by four others on the court, wrote that the framers of the Constitution “intended disestablishment of religion, above all to prevent large religious sects from using political power to impose their religion on others.”

“Yet Texas, like Louisiana, seeks to do just that, legislating that specific, politically chosen scripture be installed in every public-school classroom,” Higginson wrote.

The law says schools must put donated posters “in a conspicuous place” and requires the writing to be a size and typeface that is visible from anywhere in a classroom to a person with “average vision.” The displays must also be 16 inches wide and 20 inches tall.

Texas’ law easily passed the GOP-controlled Legislature and Republicans, including President Donald Trump, have backed posting the Ten Commandments in classrooms.

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Associated Press writer Audrey McAvoy contributed to this report from Honolulu, Hawaii.





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Glam influencer who drowned during Texas Ironman had battled flu but ignored pleas to ditch race

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Glam influencer who drowned during Texas Ironman had battled flu but ignored pleas to ditch race


The glam influencer who drowned during a Texas Ironman swim had been battling the flu – but ignored pals who begged her to pull out of the brutal endurance race, according to one friend.

“She was ill before the trip, she wasn’t okay,” Luis Taveira said of close friend Mara Flávia, 38, who died during Saturday’s race in The Woodlands.

“My wife and I spoke with her to say she was too weak for this race, although a couple of days ago when we talked to her, she insisted she was okay,” Taveira said of the Brazil-born influencer, according to sports website the Spun.

Avid triathlon competitor Mara Flávia battled ill health before Saturday’s Ironman competition, a pal has said. maraflavia/Instagram

“I still cannot believe what’s happened. She was ill because of the flu.”

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Flávia continued “training hard” even while “weakened” by her illness, the friend said.

Just two days before the competition, Flávia shared a picture of herself in a pink swimming costume and cap sitting by the edge of a pool.

“Just another day at work,” she wrote in Portuguese.

Her Instagram account was peppered with snaps, showing her working out in a gym, by the pool, or running outdoors.

“Not every victory is photogenic, not every growth is pretty to watch. Sometimes evolving is being silent, stepping back, saying no, crying in the background, and coming back the next day more aware,” she said in one motivational post.

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Triathlete Mara Flavia Araujo in an orange Roka swimsuit, covered in water droplets, smiling at the camera.
The fitness enthusiast seen wearing an orange swimsuit. maraflavia/Instagram

In others, she said that skill “only develops with hours and hours of work” and sport is “the best tool for transformation.”

The Ironman Texas competition features three legs — a 2.4-mile swim, a 112-mile bike ride, and a 26.2-mile run. The women’s event got underway just after 6:30 a.m. Saturday, with fire crews alerted around an hour later that there was a lost swimmer.

Flávia’s body was found around 9 a.m. in about 10 feet of water.

Officials have ruled her preliminary cause of death was drowning, and relatives have paid tribute.

Flávia’s sister, Melissa Araújo, said her sibling “lived life intensely” – and revealed a piece of her had vanished, People reported.

“You were always synonymous with determination, with courage — with a strength that seemed too vast to be contained within you,” she wrote on social media.

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“You never did anything halfway; perhaps that is why you left such a profound mark on the lives of everyone who crossed your path.

“A piece of me is gone, and I will have to learn to live without it. And it hurts in a way I cannot even explain. 

“It is a strange silence, a void I knew existed all along — as if the world itself had lost a little of its color.”

Flávia’s partner, Rodrigo Ferrari, described the swimmer as his “love” and said not waking up next to her was hard.

“Ursa, you were the best person I have ever met in my life,” he wrote in a note shared on social media.

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