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Coronavirus
— Voting in a Time of Coronavirus « Expand Vote by Mail?
« Texas Attorney General Ken Paxton
-
To be eligible to vote early by mail in
Texas, you must:
- be 65 years or older;
- be disabled;
- be out of the county on election day and during the period for early voting by personal appearance; or
- be confined in jail, but otherwise eligible.
Texas Attorney General Ken Paxton
June 26, 2020
AG Paxton Applauds Supreme Court for Leaving in Place Fifth Circuit Order Blocking Unlawful Mail-In Voting
Attorney General Paxton today applauded the United States Supreme Court for leaving in place a Fifth Circuit order blocking unlawful mail-in voting.“I applaud the Supreme Court for following the law and refusing to order mail-in balloting that the Texas Legislature has forbidden. Universal mail-in ballots, which are notoriously vulnerable to fraud, would only lead to greater election fraud and disenfranchise lawful voters,” said Attorney General Paxton. “State election officials have many options available to safely and securely hold elections without risking widespread fraud. My office will continue to fight for safe, free and fair elections.”
Texas Democratic Party
June 26, 2020
RELEASE: Texas Democrats on the Supreme Court Denying a Stay of The Texas Democratic Party’s Vote By Mail Lawsuit Before the Primary Runoff Elections
Texas Democratic Party Chair Gilberto Hinojosa issued the following statement:
“We are disappointed that the Supreme Court did not weigh in now and provide needed relief and clarity for voters ahead of the primary runoff. Now, thanks to Republican Governor Greg Abbott, Attorney General Ken Paxton, and the all-Republican membership of the Texas Supreme Court, only some voters will be permitted to vote by mail during this primary election.
“The case proceeds on in other filings before the U.S. Supreme Court and the Fifth Circuit and therefore, hope remains that the federal courts will restore equal voting rights in time for the November elections.
“We will not stop fighting for the rights of voters.”
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Texas Democratic Party
June 17, 2020
Current law in Texas only allows Texans who are 65 or older on Election Day to vote by mail, discriminating against younger Texans and putting them directly at risk in the time of a pandemic.
Texas Democratic Party Chair Gilberto Hinojosa issued the following statement:
“We started this case promising Texas voters that we’d never stop fighting for their right to vote. Today, we are continuing our promise by petitioning the United States Supreme Court to provide all Texans their free, fair, and equal right to vote.
“There’s no logical reason for those whose 65th birthday is the day after Election Day to have to go to the polling place in person while their 65-year-old spouse can vote a mail ballot — especially during the worst pandemic in a century.
“Let’s make no mistake about why we’re back at the Supreme Court again. Texas Republicans are hell-bent on discriminating against and blocking Texas’ new diverse majority from casting their ballot. We have not — and never will — stand by as Republicans discriminate against hard-working Texans trying to cast their ballot.
“We are proud to bring this case to the Supreme Court to make voting easier and more equal for all Texans.”
For partial coverage of the Petition to the U.S. Supreme Court, see below:
The Washington Post: “The Texas legal battle comes as states adjust their procedures in response to the pandemic and expand voting by mail…President Trump and his GOP allies have sought to limit the expansion of mail voting, claiming that the process can lead to massive fraud. In fact, states that have implemented universal mail voting have identified a tiny number of potentially fraudulent ballots in recent elections.”
CNN: “Tuesday’s filing is the latest movement in an ongoing battle between the state’s Democrats and state Attorney General Ken Paxton, a Republican, over voting during the coronavirus pandemic. Democrats argue that amid the pandemic, people shouldn’t have to choose between their right to vote and their health. Paxton has remained steadfast that expanding access to vote-by-mail could lead to voter fraud.”
Reuters: “The Texas Democratic Party said on Tuesday it asked the U.S. Supreme Court to accept its case seeking to expand vote-by-mail in the state ahead of this year’s elections, saying the coronavirus pandemic is likely to discourage turnout at the polls.”
CBS News: “Texas Democrats on Monday officially filed a petition asking the U.S. Supreme Court to lift a block by a lower court to allow all Texas voters, regardless of age, to request a mail ballot “to avoid transmission of the [COVID-19] virus.”
Newsweek: “Texas Republicans are hell-bent on discriminating against and blocking Texas’ new diverse majority from casting their ballot,’ Texas Democratic Party Chair Gilberto Hinojosa said in a statement. ‘We have not—and never will—stand by as Republicans discriminate against hard-working Texans trying to cast their ballot.”
The Hill: “[M]illions of Texas voters will face the agonizing choice of either risking their health (and the health of others) to vote in person or relinquishing their right to cast a ballot in two critical elections” if the Supreme Court doesn’t act, the litigants argued.”
Texas Tribune: “The fight to expand who can qualify for a ballot they can fill at home and mail in has been on a trajectory toward the Supreme Court since Texas Democrats, civil rights groups and individual voters first challenged the state’s rules months ago when the new coronavirus reached Texas. Under existing law, mail-in ballots are available only if voters are 65 or older, cite a disability or illness, will be out of the county during the election period or are confined in jail.”
Dallas Morning News: “There’s no logical reason for those whose 65th birthday is the day after Election Day to have to go to the polling place in person while their 65-year-old spouse can vote a mail ballot — especially during the worst pandemic in a century,” Gilberto Hinojosa, the party’s chairman said in a statement. “Texas Republicans are hell-bent on discriminating against and blocking Texas’ new diverse majority from casting their ballot. We have not — and never will — stand by as Republicans discriminate against hard-working Texans trying to cast their ballot.”
Austin Statesman: “Arguing that time is working against voters, the Texas Democratic Party on Tuesday turned to the U.S. Supreme Court in hopes of expanding vote-by-mail opportunities during the coronavirus pandemic.”
KUT: “The Texas Democratic Party filed applications with the U.S. Supreme Court on Tuesday asking justices to rule on whether the state should be forced to open up its vote-by-mail program during the coronavirus pandemic. Texas has one of the strictest vote-by-mail programs in the country. The program is open only to people age 65 or older, people who will be out of the county they reside in, people who are in jail and not convicted, and people who are sick or disabled.”
Dallas Observer: “Chad Dunn, the Texas Democratic Party’s general counsel, said on a conference call Tuesday that the plaintiffs are seeking two things: First, they want the Supreme Court to lift the stay issued by the 5th Circuit that prevented a lower-court ruling expanding access to mail-in voting from going into effect. Second, Texas Democrats want the court to agree to hear the full case before November’s general election.”
San Antonio Current: “Texas Democrats made two separate filings with the Supreme Court, one of which asks for a stay of the 5th Circuit’s ruling in time for absentee ballots to be expanded for the June 14 runoff election. The second filing asks the justices to take up the merits of the case, which could be decided in time for the November general election, said Chad Dunn, a lawyer for the plaintiffs.”
San Antonio Express News: “Of the 16 states that require an excuse to vote by mail, all but two — Mississippi and Texas — have relaxed their rules in response to the pandemic and allowed all voters to do so for the midyear primaries. Texas requires any voter under the age of 65 to have an excuse for voting by mail, such as a disability or travel outside their home county on Election Day.”
KXAN: “The Texas Democratic Party says current Texas law violates the 26th Amendment of the Constitution and wants to improve access to mail-in voting during the COVID-19 pandemic.”
Fort Worth Star-Telegram: “Additionally, the Texas Democratic Party asked the U.S. Supreme Court to hear the case in the fall on the merits of the claim that Texas’ vote-by-mail restrictions violate provisions of the 26th Amendment. If the 5th Circuit Court’s stay is upheld, the party asked the court to take up the case on an expedited basis.”
June 17, 2020
ROUNDUP: The Texas Democratic Party Petitions the United States Supreme Court to End Age Discrimination in Vote by Mail
Austin, TX — Yesterday, Texas Democrats petitioned the U.S. Supreme Court to end age discrimination in mail voting.Current law in Texas only allows Texans who are 65 or older on Election Day to vote by mail, discriminating against younger Texans and putting them directly at risk in the time of a pandemic.
Texas Democratic Party Chair Gilberto Hinojosa issued the following statement:
“We started this case promising Texas voters that we’d never stop fighting for their right to vote. Today, we are continuing our promise by petitioning the United States Supreme Court to provide all Texans their free, fair, and equal right to vote.
“There’s no logical reason for those whose 65th birthday is the day after Election Day to have to go to the polling place in person while their 65-year-old spouse can vote a mail ballot — especially during the worst pandemic in a century.
“Let’s make no mistake about why we’re back at the Supreme Court again. Texas Republicans are hell-bent on discriminating against and blocking Texas’ new diverse majority from casting their ballot. We have not — and never will — stand by as Republicans discriminate against hard-working Texans trying to cast their ballot.
“We are proud to bring this case to the Supreme Court to make voting easier and more equal for all Texans.”
For partial coverage of the Petition to the U.S. Supreme Court, see below:
The Washington Post: “The Texas legal battle comes as states adjust their procedures in response to the pandemic and expand voting by mail…President Trump and his GOP allies have sought to limit the expansion of mail voting, claiming that the process can lead to massive fraud. In fact, states that have implemented universal mail voting have identified a tiny number of potentially fraudulent ballots in recent elections.”
CNN: “Tuesday’s filing is the latest movement in an ongoing battle between the state’s Democrats and state Attorney General Ken Paxton, a Republican, over voting during the coronavirus pandemic. Democrats argue that amid the pandemic, people shouldn’t have to choose between their right to vote and their health. Paxton has remained steadfast that expanding access to vote-by-mail could lead to voter fraud.”
Reuters: “The Texas Democratic Party said on Tuesday it asked the U.S. Supreme Court to accept its case seeking to expand vote-by-mail in the state ahead of this year’s elections, saying the coronavirus pandemic is likely to discourage turnout at the polls.”
CBS News: “Texas Democrats on Monday officially filed a petition asking the U.S. Supreme Court to lift a block by a lower court to allow all Texas voters, regardless of age, to request a mail ballot “to avoid transmission of the [COVID-19] virus.”
Newsweek: “Texas Republicans are hell-bent on discriminating against and blocking Texas’ new diverse majority from casting their ballot,’ Texas Democratic Party Chair Gilberto Hinojosa said in a statement. ‘We have not—and never will—stand by as Republicans discriminate against hard-working Texans trying to cast their ballot.”
The Hill: “[M]illions of Texas voters will face the agonizing choice of either risking their health (and the health of others) to vote in person or relinquishing their right to cast a ballot in two critical elections” if the Supreme Court doesn’t act, the litigants argued.”
Texas Tribune: “The fight to expand who can qualify for a ballot they can fill at home and mail in has been on a trajectory toward the Supreme Court since Texas Democrats, civil rights groups and individual voters first challenged the state’s rules months ago when the new coronavirus reached Texas. Under existing law, mail-in ballots are available only if voters are 65 or older, cite a disability or illness, will be out of the county during the election period or are confined in jail.”
Dallas Morning News: “There’s no logical reason for those whose 65th birthday is the day after Election Day to have to go to the polling place in person while their 65-year-old spouse can vote a mail ballot — especially during the worst pandemic in a century,” Gilberto Hinojosa, the party’s chairman said in a statement. “Texas Republicans are hell-bent on discriminating against and blocking Texas’ new diverse majority from casting their ballot. We have not — and never will — stand by as Republicans discriminate against hard-working Texans trying to cast their ballot.”
Austin Statesman: “Arguing that time is working against voters, the Texas Democratic Party on Tuesday turned to the U.S. Supreme Court in hopes of expanding vote-by-mail opportunities during the coronavirus pandemic.”
KUT: “The Texas Democratic Party filed applications with the U.S. Supreme Court on Tuesday asking justices to rule on whether the state should be forced to open up its vote-by-mail program during the coronavirus pandemic. Texas has one of the strictest vote-by-mail programs in the country. The program is open only to people age 65 or older, people who will be out of the county they reside in, people who are in jail and not convicted, and people who are sick or disabled.”
Dallas Observer: “Chad Dunn, the Texas Democratic Party’s general counsel, said on a conference call Tuesday that the plaintiffs are seeking two things: First, they want the Supreme Court to lift the stay issued by the 5th Circuit that prevented a lower-court ruling expanding access to mail-in voting from going into effect. Second, Texas Democrats want the court to agree to hear the full case before November’s general election.”
San Antonio Current: “Texas Democrats made two separate filings with the Supreme Court, one of which asks for a stay of the 5th Circuit’s ruling in time for absentee ballots to be expanded for the June 14 runoff election. The second filing asks the justices to take up the merits of the case, which could be decided in time for the November general election, said Chad Dunn, a lawyer for the plaintiffs.”
San Antonio Express News: “Of the 16 states that require an excuse to vote by mail, all but two — Mississippi and Texas — have relaxed their rules in response to the pandemic and allowed all voters to do so for the midyear primaries. Texas requires any voter under the age of 65 to have an excuse for voting by mail, such as a disability or travel outside their home county on Election Day.”
KXAN: “The Texas Democratic Party says current Texas law violates the 26th Amendment of the Constitution and wants to improve access to mail-in voting during the COVID-19 pandemic.”
Fort Worth Star-Telegram: “Additionally, the Texas Democratic Party asked the U.S. Supreme Court to hear the case in the fall on the merits of the claim that Texas’ vote-by-mail restrictions violate provisions of the 26th Amendment. If the 5th Circuit Court’s stay is upheld, the party asked the court to take up the case on an expedited basis.”
###
Texas Democratic Party
June 17, 2020
June 17, 2020
BREAKING: The Texas Democratic Party Petitions the U.S. Supreme Court to End Age Discrimination in Mail Voting
Washington, DC — Today, the Texas
Democratic Party petitioned the United States
Supreme Court to provide all Texans a fair and
equal right to vote. Texas law currently allows
voters who will be 65 or older on Election Day to
vote by mail, while forcing nearly everyone else
to go in person to their polling place and risk
exposing themselves to COVID-19 in order to
exercise their constitutional right to vote.
To view the full filings, click here and here.
At issue in this case, Garcia v. Abbott, is whether Texas’ strict limits on who is eligible to vote by mail constitute age discrimination under the 26th Amendment of the United States Constitution. The Constitution bars discrimination in voting based on age, sex, and race.
The three individual plaintiffs on this case are individuals who will not yet be 65 by Election Day but would otherwise apply to vote by mail.
Specifically, plaintiffs are asking the U.S. Supreme Court to:
Texas Democratic Party Chair Gilberto Hinojosa issued the following statement:
“We started this case promising Texas voters that we’d never stop fighting for their right to vote. Today, we are continuing our promise by petitioning the United States Supreme Court to provide all Texans their free, fair, and equal right to vote.
“There’s no logical reason for those whose 65th birthday is the day after Election Day to have to go to the polling place in person while their 65-year-old spouse can vote a mail ballot — especially during the worst pandemic in a century.
“Let’s make no mistake about why we’re back at the Supreme Court again. Texas Republicans are hell-bent on discriminating against and blocking Texas’ new diverse majority from casting their ballot. We have not — and never will — stand by as Republicans discriminate against hard-working Texans trying to cast their ballot.
“We are proud to bring this case to the Supreme Court to make voting easier and more equal for all Texans.”
To read more about the petition, click here.
To view the full filings, click here and here.
At issue in this case, Garcia v. Abbott, is whether Texas’ strict limits on who is eligible to vote by mail constitute age discrimination under the 26th Amendment of the United States Constitution. The Constitution bars discrimination in voting based on age, sex, and race.
The three individual plaintiffs on this case are individuals who will not yet be 65 by Election Day but would otherwise apply to vote by mail.
Specifically, plaintiffs are asking the U.S. Supreme Court to:
- Immediately lift the 5th Circuit Court of Appeals’ stay, which would leave Judge Fred Biery’s opinion in place that allows any Texan “who seek[s] to vote by mail to avoid transmission of the [COVID-19] virus” to vote by mail.
- Grant certiorari and agree to hear the case in the fall on the merits of the claim that Texas’ vote-by-mail restrictions violate the 26th Amendment.
Texas Democratic Party Chair Gilberto Hinojosa issued the following statement:
“We started this case promising Texas voters that we’d never stop fighting for their right to vote. Today, we are continuing our promise by petitioning the United States Supreme Court to provide all Texans their free, fair, and equal right to vote.
“There’s no logical reason for those whose 65th birthday is the day after Election Day to have to go to the polling place in person while their 65-year-old spouse can vote a mail ballot — especially during the worst pandemic in a century.
“Let’s make no mistake about why we’re back at the Supreme Court again. Texas Republicans are hell-bent on discriminating against and blocking Texas’ new diverse majority from casting their ballot. We have not — and never will — stand by as Republicans discriminate against hard-working Texans trying to cast their ballot.
“We are proud to bring this case to the Supreme Court to make voting easier and more equal for all Texans.”
To read more about the petition, click here.
###
###
Texas Attorney General Ken Paxton
June 12, 2020
“As the Texas Supreme Court held, mail ballots based on disability are specifically reserved for those who are legitimately ill and cannot vote in-person without assistance or jeopardizing their health. The Texas Election Code is lawful, constitutional, and correctly protects our elections from fraud and voters from disenfranchisement,” said Attorney General Paxton. “It is vital that we work together to preserve the integrity of our democratic election process and consistently follow the law established by our legislature.”
Today’s letter follows a Texas Supreme Court decision that held that a voter may not claim “disability” for the purpose of casting a ballot by mail merely because the voter lacks immunity to COVID-19. Additionally, the U.S. Court of Appeals for the Fifth Circuit found that Texas is likely to win arguments that the Election Code’s ballot-by-mail provisions are consistent with the Equal Protection Clause and the Twenty-Sixth Amendment to the U.S. Constitution. Following these rulings, the Texas Democratic Party and other groups filed a motion to dismiss their state court lawsuit this week.
Read a copy of the letter here.
Texas Democratic Party
June 4, 2020
June 12, 2020
AG Paxton Warns County Officials to Avoid Misleading the Public on Vote by Mail Laws
Following recent decisions by the Texas Supreme Court and the U.S. Court of Appeals for Fifth Circuit, Attorney General Ken Paxton today issued another guidance letter to Texas county judges and election officials, warning that Texans may not claim disability based on fears of contracting COVID-19 to obtain a mail-in ballot. Due to inaccurate statements by public officials and private groups, Attorney General Paxton issued his first guidance letter on May 1.“As the Texas Supreme Court held, mail ballots based on disability are specifically reserved for those who are legitimately ill and cannot vote in-person without assistance or jeopardizing their health. The Texas Election Code is lawful, constitutional, and correctly protects our elections from fraud and voters from disenfranchisement,” said Attorney General Paxton. “It is vital that we work together to preserve the integrity of our democratic election process and consistently follow the law established by our legislature.”
Today’s letter follows a Texas Supreme Court decision that held that a voter may not claim “disability” for the purpose of casting a ballot by mail merely because the voter lacks immunity to COVID-19. Additionally, the U.S. Court of Appeals for the Fifth Circuit found that Texas is likely to win arguments that the Election Code’s ballot-by-mail provisions are consistent with the Equal Protection Clause and the Twenty-Sixth Amendment to the U.S. Constitution. Following these rulings, the Texas Democratic Party and other groups filed a motion to dismiss their state court lawsuit this week.
Read a copy of the letter here.
Texas Democratic Party
June 4, 2020
RELEASE: The Texas Democratic Party on the Interim Fifth Circuit Court of Appeals Decision
Texas Democratic Party Chair
Gilberto Hinojosa issued the following
statement:
“I vehemently disagree with the 5th Circuit Court stay that was issued today. We find ourselves in the midst of a once-in-a-century pandemic. Voters who are rightfully worried about the safety of in-person voting should have the option to vote by mail. The Constitution prohibits divvying up our rights by our age, gender, or race, and the Fifth Circuit decision of today would allow voters of a certain age different voting rights than the rest of us.
“It is truly reprehensible that Republicans, from Donald Trump to Texas’ indicted Attorney General Ken Paxton, seek to use this pandemic for political gain. Their desperate fight to allow one group of voters to vote by mail while excluding most of the rest of us is yet another Republican initiated tear at the fabric of our democracy.
“Judges are obviously disagreeing with one another about this important issue. Ultimately, we’re going to need direction from the U.S. Supreme Court.
“Our constitutional right to vote is the most fundamental tenet of our democracy. The Texas Democratic Party will never give up the fight to ensure every eligible Texan has the ability to safely cast their vote if they so choose.”
“I vehemently disagree with the 5th Circuit Court stay that was issued today. We find ourselves in the midst of a once-in-a-century pandemic. Voters who are rightfully worried about the safety of in-person voting should have the option to vote by mail. The Constitution prohibits divvying up our rights by our age, gender, or race, and the Fifth Circuit decision of today would allow voters of a certain age different voting rights than the rest of us.
“It is truly reprehensible that Republicans, from Donald Trump to Texas’ indicted Attorney General Ken Paxton, seek to use this pandemic for political gain. Their desperate fight to allow one group of voters to vote by mail while excluding most of the rest of us is yet another Republican initiated tear at the fabric of our democracy.
“Judges are obviously disagreeing with one another about this important issue. Ultimately, we’re going to need direction from the U.S. Supreme Court.
“Our constitutional right to vote is the most fundamental tenet of our democracy. The Texas Democratic Party will never give up the fight to ensure every eligible Texan has the ability to safely cast their vote if they so choose.”
###
Texas Attorney General Ken Paxton
May 27, 2020
AG Paxton Applauds Texas Supreme Court; Disability Claims on Mail-In Ballots Reserved for Texans With Actual Illness or Disability
Attorney General Ken Paxton today applauded the Texas Supreme Court for ruling that election officials in Dallas, Cameron, El Paso, Harris and Travis Counties are incorrect to include fear of contracting COVID-19 as a “disability” on mail-in ballot applications. Election law established by the Texas Legislature generally requires in-person voting, and allows mail balloting only for certain limited groups, including those with actual disabilities that render them unable to vote in-person.“I applaud the Texas Supreme Court for ruling that certain election officials’ definition of ‘disability’ does not trump that of the Legislature, which has determined that widespread mail-in balloting carries unacceptable risks of corruption and fraud,” said Attorney General Paxton. “Election officials have a duty to reject mail-in ballot applications from voters who are not entitled to vote by mail. In-person voting is the surest way to maintain the integrity of our elections, prevent voter fraud and guarantee that every voter is who they claim to be.”
“Disability,” as that term is used in the Texas Election Code’s provisions allowing voting by mail, must involve “sickness or physical condition” that prevents a voter from voting in person on election day without a likelihood of needing personal assistance or of injuring the voter’s health. A voter ill with COVID-19 and who meets those requirements may apply for a ballot by mail. Fear of contracting COVID-19, however, is a normal emotional reaction to the current pandemic and does not amount to an actual disability that qualifies a voter to receive a ballot by mail.
Read a copy of the order here.
Texas Democratic Party
May 27, 2020
RELEASE: The Texas Democratic Party on the Republican Texas Supreme Court’s Attempt to Put Texans At-Risk During the Middle of a Pandemic
Texas Democratic Party Chair Gilberto Hinojosa issued the following statement:“Leave it to the all-Republican Texas Supreme Court to put out 45 pages of opinion and give no guidance to voters about who can vote by mail during a pandemic — even after one of the Supreme Court justices under the age of 65 contracted coronavirus last week. This is reflective of Texas Republican leadership that long ago failed to serve Texans’ needs and interests.
“Now, unless the federal court steps in, because of the Texas Republican Supreme Court, voters will have to either risk standing in line and contracting the coronavirus or they’ll risk prosecution by indicted Texas Republican Attorney General Ken Paxton and his grand juries for simply requesting a mail-in-ballot.
“Now, it is up to the federal court to ensure basic constitutional rights still exist in Texas and ensure that Texans have a right to vote safely and not put their health at-risk. Make no mistake, if the federal courts don’t step in, here is the list of people making you stand in line during the middle of this pandemic:
Nathan L. Hecht (Up for re-election in 2020)
Paul W. Green (Up for reelection in 2022)
Eva Guzman (Up for reelection in in 2022)
Debra Lehrmann (Up for reelection in 2022).
Jeffrey S. Boyd (Up for reelection in 2020)
John Phillip Devine (Up for reelection in 2024)
Jimmy Blacklock (Up for reelection in 2024)
Brett Busby (Up for reelection in 2020)
Jane Bland (Up for reelection in 2020)”
###
Texas Attorney General
Ken PaxtonMay 20, 2020
AG Paxton: Fifth Circuit Temporarily Stays District Court Decision Mandating Universal Mail-In Balloting in Violation of Texas Law
Attorney General Ken Paxton today commended the U.S. Court of Appeals for the Fifth Circuit for granting a temporary administrative stay in an unlawful decision by the federal district court in San Antonio that allowed anyone in Texas to vote by mail using protections specifically created to aid those with an actual disability or illness.“I applaud the Fifth Circuit for issuing this temporary stay while the case proceeds. Protecting the integrity of elections is one of my top priorities, and allowing universal mail-in ballots would only lead to greater fraud and disenfranchise lawful voters,” said Attorney General Paxton. “Law established by the Legislature must be followed consistently, including carefully limiting who may and may not vote by mail.”
Read a copy of the order here.
Texas Attorney General Ken Paxton
May 13, 2020
AG Paxton Asks Texas Supreme Court to Order Election Officials Who Urged Voters to Submit Unlawful Mail-in Ballot Applications to Follow Texas Law
Attorney General Ken Paxton today filed a petition with the Texas Supreme Court, requesting that the court compel the early-voting clerks for Dallas, Cameron, El Paso, Harris and Travis Counties to follow Texas law on mail-in ballots. Texas law generally requires in-person voting, and allows mail balloting for certain limited groups, including those who are disabled. In violation of that requirement, officials in those counties are encouraging voters without actual disabilities to claim “disability” on their mail-in ballot applications.“Each misapplication of Texas election law damages the integrity of our elections and increases the risk of voter fraud. In-person voting is the surest way to prevent voter fraud and guarantee that every voter is who they claim to be and has a fair opportunity to cast their vote,” said Attorney General Paxton. “It is unfortunate that certain county election officials have refused to perform their duties and have instead unlawfully gone beyond the Legislature’s determination of who is eligible to vote by mail. My office will continue to defend the integrity of Texas’s election laws.”
“Disability,” as that term is used in the Texas Election Code’s provisions allowing voting by mail, means a “sickness or physical condition” that prevents a voter from voting in person on election day without a likelihood of needing personal assistance or of injuring the voter’s health. A voter ill with COVID-19 and who meets those requirements may apply for a ballot by mail. Fear of contracting COVID-19, however, is a non-physical reaction to the current pandemic and does not amount to a sickness or physical condition that qualifies a voter to receive a ballot by mail.
Read a copy of the filing here.
Texas Attorney General Ken Paxton
May 11, 2020
AG Paxton Files Brief Seeking to Prevent Voter Fraud Through the Unlawful Expansion of Mail-In Voting
Attorney General Ken Paxton today filed a brief with the Court of Appeals for the Fourteenth Judicial District in Houston, defending the Texas Election Code requirements for submitting a mail-in ballot. This brief follows an appeal filed last month, which automatically stayed a Travis County District Court order misconstruing the Election Code to allow anyone to vote by mail using specific protections intended to aid only those with true disabilities.“The integrity of our election process must be maintained, and the law established by our Legislature must be followed consistently. Unlawful expansion of mail-in voting, which is a special protection made available to Texans with actual disabilities, will only serve to undermine the security of our elections and to facilitate fraud,” said Attorney General Paxton. “Fear of contracting COVID-19 does not amount to a sickness or physical condition as required by state law. My office will continue to defend Texas’s election laws to ensure that our elections remain free, fair and safe.”
Read a copy of the brief here.
Texas Attorney General Ken Paxton
May 1, 2020
AG Paxton Advises County Officials to Avoid Misleading the Public on Vote by Mail Laws
Attorney General Ken Paxton today issued a letter to Texas county judges and election officials, providing guidance that, under the Texas Election Code, Texans may not claim disability based on fears of contracting COVID-19 and receive a ballot to vote by mail in upcoming elections. Several county officials throughout the State, including the Harris County judge and clerk, are misleading the public about their ability to vote by mail, telling citizens that in light of COVID-19, anyone can claim a “disability” that makes them eligible for ballot by mail.Disability, as that term is used in the Texas Election Code’s provisions allowing voting by mail, must involve a “sickness or physical condition” that prevents a voter from voting in person on election day without a likelihood of needing personal assistance or of injuring the voter’s health. A voter ill with COVID-19 and who meets those requirements may apply for a ballot by mail. Fear of contracting COVID-19, however, is a normal emotional reaction to the current pandemic and does not amount to an actual disability that qualifies a voter to receive a ballot by mail.
“Mail ballots based on disability are specifically reserved for those who are legitimately ill and cannot vote in-person without assistance or jeopardizing their health. The integrity of our democratic election process must be maintained, and law established by our Legislature must be followed consistently,” said Attorney General Paxton. “My office will continue to defend the integrity of Texas’s election laws.”
The lawsuit recently filed in Travis County District Court does not change or suspend the disability requirements required by the Texas Legislature. Pursuant to Texas law, the District Court’s order is stayed and has no effect during the ongoing appeal.
Read a copy of the letter here.
Texas Attorney General Ken Paxton
April 15, 2020
AG Paxton: Voting by Mail Based on Disability Reserved for Texans With Actual Illness or Medical Problem Rendering Them Unable to Vote In-Person
Texas Attorney General Ken Paxton today issued a letter in response to Representative Stephanie Klick’s request for guidance on whether, under the Texas Election Code, Texans may claim disability based on fears of contracting the Coronavirus (COVID-19) and receive a ballot to vote by mail in upcoming elections.The letter states that disability, as that term is used in the Texas Election Code’s provisions allowing voting by mail, must involve a “sickness or physical condition” that prevents a voter from voting in-person. A voter ill with COVID-19 and who is unlikely to be able to appear in-person to vote without assistance or without injuring their health may apply for a ballot by mail; however, fear of contracting COVID-19 does not qualify a person for disability.
“Mail ballots based on disability are specifically reserved for those who are physically ill and cannot vote in-person as a result. Fear of contracting COVID-19 does not amount to a sickness or physical condition as required by the Legislature,” said Attorney General Paxton. “The integrity of our democratic election process must be maintained, and law established by our Legislature must be followed consistently.”
It is a direct violation of the Texas Election code to “intentionally cause false information to be provided on an application for ballot by mail,” to knowingly or intentionally cause a ballot to be obtained under false pretenses, or give a misleading statement on an application for ballot by mail.
The Texas Democrats filed a lawsuit in Travis County arguing that anyone with a fear of contracting COVID-19 should be allowed to claim a “disability” and vote by mail. Their request diminishes voting protections the Legislature has made available to Texans with actual illness or disabilities.
Read a copy of the letter here.
For information on the spread or treatment of Coronavirus (COVID-19), please visit the Texas Department of State Health Services website.
Copyright © 2020 Eric M. Appleman/Democracy in
Action. All rights reserved.