We Have a Voice—Let’s Use It

PRESIDENT'S COLUMN

BY KENNON WOOTEN, SCOTT DOUGLASS & McCONNICO

As I write this article, early voting is underway for Election Day—Tuesday, Nov. 3, 2020. Millions of people have voted in the U.S., and many millions more will vote before we go to print. But, if the past is any indication of the future, many millions of eligible voters will not vote during the early-voting periods, and over one hundred million people who are among the voting-age population (VAP) in the U.S. will sit this presidential election out altogether.1

There are myriad reasons why people don’t vote in the U.S. Some don’t vote because election laws (or judicial interpretations of those laws) preclude them from voting. Others don’t vote because they can’t get time off from work to vote. For all of you who want to vote but can’t, I hope you experience a change in fortune soon and that, in the interim, you will use your voice to speak your truth and educate voters around you. For all of you who can vote, please do not sit this one out.

Voting can be overwhelming, but it doesn’t have to be. In Travis County, for example, we are fortunate to have many resources to help us navigate the voting process. Here are a few of them:

• the “Current Election” tab on the Travis County Clerk’s website (countyclerk.traviscountytx.gov/elections/current-election.html) – providing voting locations, voting periods, sample ballots, wait times at voting locations, and many other sources of information;

• League of Women Voters (Austin Area) website (lwvaustin.org/) – providing the Voters Guide, information about how to vote by mail and curbside, information for voters with disabilities, and many other sources of information;

• VOTE411 (vote411.org) – enabling you to assess what will be on your personal ballot, explore voting information by state, and check registration status, among other things;

• votetravis.com – an online resource provided as a cooperative effort between the Travis County Tax Office Voter Registration Division and Travis County Clerk Elections Division, providing information about voter registration status, your ballot, polling locations, voter ID requirements, an accessible sample ballot, and many other sources of information; and

• City of Austin website (austintexas.gov/MobilityElections2020) – providing a description of the mobility propositions that will be included on Austin residents’ ballots.

For all of you who can vote, please do not sit this one out.

Remember that we will not have straight-ticket voting in Texas this year. So, if you plan to vote on Election Day, keep in mind that the lines may be longer than usual and the voting process will take longer than usual if you used the straight-ticket approach in prior elections. When voting, all of us should go all the way down the ballot, but none of us should cast a single uninformed vote. Use resources, like the ones listed above, to get informed. If you don’t learn about certain ballot items before Election Day, abstain from voting on those items. We have the power to shape our democracy, from the President all the way down to local candidates. Let’s use this power wisely.

If you are a member of the State Bar of Texas, you get to participate in another important vote in a few months. Specifically, between Feb. 2, 2021 and March 4, 2021, you get to vote in a referendum on proposed amendments to the Texas Disciplinary Rules of Professional Conduct and the Texas Rules of Disciplinary Procedure. The amendments pertain to a broad range of topics, including clients with diminished capacity, the disclosure of confidential information, conflicts of interest exceptions for nonprofit and limited pro bono legal services, lawyer advertising and solicitation, reporting of professional misconduct, the assignment of judges to hear disciplinary complaints, and the voluntary appointment of a custodian attorney for the cessation of practice. To review all of the proposed amendments, see Misc. Docket No. 20-9144 on the Texas Supreme Court’s website (txcourts.gov/supreme/ administrative-orders/). We have time to analyze these amendments before we vote. Again, let’s get informed and use our power wisely.

Last, but certainly not least, we have an opportunity to comment on proposed amendments to Texas Rules of Civil Procedure pertaining to expedited actions, discovery, and service of process. These amendments are set forth in Misc. Docket Nos. 20-9101 and 20-9103. The Texas Supreme Court is accepting public comments on these amendments through Dec. 1, 2020 and may change amendments in response to comments. So, if you dislike any of the amendments or simply think there is room for improvement, say something by Dec. 1. We have a voice—let’s use it. AL

KENNON WOOTEN, SCOTT DOUGLASS & McCONNICO

Footnote 1. According to the Pew Research Center, 55.7% of the U.S. VAP voted in the 2016 presidential election, representing a slight uptick when compared with 2012 but a reduction when compared with 2008. See https://www.pewresearch.org/facttank/2018/05/21/u-s-voter-turnouttrails-most-developed-countries/ (last visited Oct. 10, 2020).