Southwest
Behind-the-scenes battles: Legal challenges that could impact the vote before Election Day begins
Battleground states have already seen their share of fights before Election Day as legal challenges centered on voting issues, and while some have already been decided, others remain up in the air just hours before polls open Tuesday morning.
From issues including mail-in ballots, drop boxes and concerns about ineligible voters, here are some of the high-profile swing state cases and where they currently stand.
Arizona
Arizona Secretary of State Adrian Fontes acknowledged in September that 218,000 people in the state were allowed to register to vote without proof of citizenship despite state law that requires it. A state court set a deadline of Monday for production of a full list of affected people so that the recorders of each county can verify the citizenship of voters who had not previously provided proof of citizenship.
The Maricopa County Recorder’s Office said in a statement to Fox News Digital on Monday before receiving any list that approximately 2,000 people had tried to submit voter registration updates and subsequently received notices that they had to prove their citizenship.
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“These voters were contacted individually to let them know their registration was incomplete. However, after further consideration, the decision was made to fully restore those voters from the not-registered status, only if they were previously an existing, registered voter,” the statement said.
Georgia
Georgia has seen multiple lawsuits involving mail-in ballots. In Cobb County, the ACLU sued, claiming that at least 3,000 voters did not receive their ballots on time. A lower court had ordered new ballots to be sent overnight to the affected voters, saying that their votes would be counted as long as they are received by Nov. 8 at 5 p.m., but the Georgia Supreme Court stayed that ruling on Monday, so these voters now have to make sure their ballots get to the county elections office by 7pm on Election Day or vote in person.
Also in Cobb County, as well as in Fulton, Dekalb and Gwinnett Counties, the Republican National Committee sued, claiming that election offices improperly opened over the weekend to allow voters to drop off their mail-in ballots in person. The RNC cited state law that says drop boxes should be closed after the end of the early voting period, which was Friday. A state court said the county elections offices had the discretion to open for additional hours.
Another Georgia case involved Fulton County’s offices being open over the weekend for dropping off mail-in ballots. At first, poll observers were barred from entering, with Fulton County elections director Nadine Williams stating that they were not allowed because it was a county office and not a polling site. Just hours later, it was announced that observers would be permitted after all.
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Nevada
A lawsuit from the Trump campaign, RNC and Nevada Republican Party opposing the potential counting of mail-in ballots that the state receives after Election Day that do not bear a postmark. The state Supreme Court ruled that such ballots can still be counted up to three days after Election Day. There is a similar case in federal court where challengers also lost but are appealing to the Ninth Circuit Court of Appeals.
The same issue was also brought before the Fifth Circuit after a case was brought in Mississippi, and while the court said such ballots cannot be counted after Election Day, the ruling does not apply to this year’s election.
North Carolina
The RNC also has a lawsuit in North Carolina, involving 225,000 people it alleges are improperly registered because they had used an old form that did not ask for their driver’s license number or the last four digits of their Social Security number. The RNC claims that this violates the Help America Vote Act (HAVA).
“Because of these errors, the North Carolina voter rolls, which both HAVA and state law mandates that Defendants regularly maintain, are potentially replete with ineligible voters – including possible non-citizens – all of whom are now registered to vote,” the RNC and North Carolina GOP said in a court filing.
Pennsylvania
The Keystone State remains a key battleground, not just on the ballot but in courtrooms, with several lawsuits having been filed over a variety of voting issues, many involving mail-in ballots.
Republicans scored a win when they appealed a court ruling that said mail-in ballots without a required handwritten date could still be counted. The Pennsylvania Supreme Court overruled, saying that handwritten dates must be on the ballots.
The GOP was not so fortunate in a separate case in which it sought an emergency appeal from the U.S. Supreme Court after the Pennsylvania Supreme Court ruled that provisional ballots should be counted if voters’ mail-in ballots were disqualified for technical errors, such as not being in mandatory secrecy envelopes. Republicans cited a state law that they argued prohibited voters from casting provisional ballots if they had already submitted mail-in ballots on time.
The U.S. Supreme Court turned away the RNC’s appeal, with Justices Samuel Alito and Clarence Thomas issuing a statement that made clear that because the case only involved two votes in a small county, it would not have impacted the results of the election either way.
Both parties won legal challenges when voters in multiple counties did not receive mail-in ballots on time. Democrats in Erie County sued when as many as 20,000 voters did not receive their ballots from a third-party vendor on time. A judge ruled that the Erie County Board of Elections had to remain open last Friday and Saturday so voters could fill out ballots.
In Bucks County, Republicans sued over voters waiting in line for mail-in ballots being turned away at 5 p.m., even though they had been there waiting. A judge swiftly ruled that voters should get an additional three days to apply for a mail-in ballot.
Another Pennsylvania case involves six Republican members of Congress who sued Pennsylvania’s State Department with allegations that overseas voters’ ballots were vulnerable to fraud because those voters were not made to adhere to the same identification requirement as absentee ballot voters in the U.S. The GOP lawmakers lost when a judge dismissed their case based on standing, timeliness, not presenting a viable cause of action and failing to join indispensable parties.
One situation that remains ongoing involves a potential voter fraud operation that is under investigation. Officials have said that several counties have seen large batches of voter registration forms and mail-in ballot applications that were suspicious. In Monroe County, District Attorney Mike Mancuso said that some of the forms detected in his county were submitted by “Field and Media Corps,” an apparent subsidiary of Fieldcorp, an Arizona-based organization working in Lancaster County.
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Southwest
Key red state could decide US gas prices as Venezuelan oil hits the market
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Nobody handles oil quite like Texas and a fresh supply of Venezuelan crude could soon be headed to the Lone Star State’s coast.
The first barrels of thick, tar-like crude could arrive as soon as next week at ports across Texas, Louisiana and Mississippi, where dense clusters of refineries are built and bred to process heavy oil.
The development follows President Donald Trump’s Tuesday evening announcement that Caracas will transfer up to 50 million barrels of oil to the U.S., worth about $2.8 billion at current market prices.
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Venezuelan children swimming near an oil tanker docked at a pier near the refinery of the state oil company PDVSA. (Jesus Vargas/picture alliance/Getty Images)
“The Gulf Coast concentrates most of our refining capacity, and those refineries were built or revamped over the years to process extra-heavy crude similar to what is produced in Venezuela,” explained Jaime Brito, executive director of refining and oil products at OPIS.
“From a market perspective, additional volumes of extra-heavy crude entering the U.S. refining system would be an extraordinarily positive development,” Brito said. “It would allow refiners to operate more efficiently, something they haven’t been able to do for years and could help keep gasoline and diesel prices at better levels because refiners would have access to cheaper crude and more optimal operations.”
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He added that tankers could arrive within five to six days if they leave Venezuelan waters on Thursday.
Because Gulf Coast refineries supply a large share of the nation’s fuel, shifts in how efficiently they operate can ultimately ripple through to prices paid by U.S. consumers.
Texas oil refineries are poised to benefit from additional crude oil supplies. (Brandon Bell/Getty Images)
The arrival of 15 to 25 oil tankers carrying up to 50 million barrels of crude is only a fraction of what Venezuela could ultimately supply.
With more than 300 billion barrels of proven reserves, it holds the world’s largest oil endowment — eclipsing long-standing energy heavyweights like Saudi Arabia, Iraq and Kuwait.
Despite its vast reserves, U.S. sanctions have effectively blocked most Venezuelan crude from reaching the U.S. Gulf Coast, leaving Chevron — operating under a special authorization — as the sole exporter of limited volumes.
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A Chevron Corp. flag flies on the drilling floor of a Nabors Industries Ltd. drill rig in the Permian Basin near Midland, Texas, on March 1, 2018. (Daniel Acker/Bloomberg/Getty Images)
That disruption has been felt most acutely in Texas, which anchors the nation’s refining hub and hosts several of the country’s largest heavy-crude refineries.
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A renewed flow of Venezuelan barrels could also intensify competition in the heavy-crude market, particularly between Venezuela and Canada, Brito said.
“You’re going to have fierce competition between Canada and Venezuela, which benefits American refiners and gives them more flexibility to potentially lower fuel prices,” he said, adding that he was speaking strictly from an oil-market perspective.
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Southwest
Security guard fatally shot outside Houston restaurant after confrontation with suspect
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A security guard was fatally shot outside a Houston restaurant Wednesday evening after a confrontation with another man, authorities said.
The shooting happened around 6:15 p.m. outside Connie’s Seafood Market Restaurant, the Houston Police Department said.
Police told reporters that the security guard, who was working for the restaurant, was standing in the parking lot when a fight broke out between him and another man, FOX26 Houston reported.
Police said the security guard was shot at least once. He was rushed to a hospital where he later died.
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A security guard was fatally shot outside a Houston restaurant Wednesday evening after a confrontation with another man, authorities said. (Houston Police Department)
Authorities did not immediately release the name of the victim.
The suspect was last seen running away from the parking lot after the shooting.
The security guard was working for the restaurant at the time of the shooting. (Google Maps)
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No details about the suspect or the circumstances that led to the altercation have been released as of Thursday morning.
Houston police were reviewing surveillance footage as they search for the shooting suspect. (Mayra Beltran/Houston Chronicle, File)
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Officials said investigators were reviewing surveillance footage and speaking with witnesses to get a description of the suspect.
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Southwest
Texas teachers’ union sues state over investigation into controversial Charlie Kirk posts
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The Texas American Federation of Teachers (AFT) announced on Tuesday that it plans to sue the Texas Education Agency (TEA) over what it called “unlawful investigations” into school officials over social media posts made about Charlie Kirk’s assassination.
In September, Texas Commissioner of Education Mike Morath sent out a letter to state school superintendents announcing that he was launching investigations into school officials that he said “posted and/or shared reprehensible and inappropriate content on social media” regarding the Turning Point USA founder’s death.
“Such posts could constitute a violation of the Educators’ Code of Ethics and each instance will be thoroughly reviewed to determine whether sanctionable conduct has occurred and staff will investigate accordingly,” Morath wrote. “While the exercise of free speech is a fundamental right we are all blessed to share, it does not give carte blanche authority to celebrate or sow violence against those that share different beliefs and perspectives.”
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Texas Commissioner of Education Mike Morath issued a letter in September announcing investigations into teachers’ social media posts about Charlie Kirk’s assassination. (fstop123/iStock via Getty Images Plus)
The lawsuit alleges that since the letter was issued, several Texas AFT members have been placed on administrative leave, reprimanded or terminated over their social media posts, which the organization claims is a First Amendment violation.
“Somewhere and somehow, our state’s leaders lost their way,” Texas AFT President Zeph Capo said in a statement. “A few well-placed Texas politicians and bureaucrats think it is good for their careers to trample on educators’ free speech rights. They decided scoring a few cheap points was worth the unfair discipline, the doxxing, and the death threats targeted at Texas teachers. Meanwhile, educators and their families are afraid that they’ll lose everything: their livelihoods, their reputations, and their very purpose for being, which is to impart critical thinking.”
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National AFT President Randi Weingarten also released a statement condemning the TEA.
Randi Weingarten, president of the American Federation of Teachers, released a statement condemning the Texas Education Agency for the letter. (David Paul Morris/Bloomberg via Getty Images)
“Sadly, Texas officials, unlike their colleagues in Utah, decided to exploit the tragedy of Mr. Kirk’s senseless murder, rather than deescalate,” Weingarten said. “Their actions are a transparent effort to smear and shame educators, divide our communities, and deny our kids opportunities to learn and thrive. They are a state-sponsored attack on teachers because of what they thought were private comments to friends and family. And even if we think some of this speech is noxious, defending one’s right to speak is the essence of our democracy.”
She added, “You don’t lose your constitutional rights when you decide to become a teacher—the Constitution, for it to have any meaning at all, has to work for all Americans, not just some.”
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The AFT is seeking a permanent injunction of the TEA policy and investigations. The TEA declined to comment to Fox News Digital.
School officials across the country have been fired or reprimanded for appearing to celebrate Charlie Kirk’s assassination. (Phill Magakoe/AFP via Getty Images)
In the weeks following Kirk’s assassination, several public school teachers across the nation were reprimanded or fired after going viral with controversial social media posts that appeared to celebrate his death.
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Texas Gov. Greg Abbott previously announced that more than 100 teachers in the state would have their teaching certifications suspended after investigators found they had called for or encouraged violence following Kirk’s assassination.
Fox News’ Kristine Parks contributed to this report.
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