Texas Democrats file federal lawsuit in effort to expand vote-by-mail amid coronavirus
The Texas Democratic Party filed a federal lawsuit Tuesday at part of its ongoing efforts to allow all Texans to vote by mail amid the novel coronavirus’ spread.
In a federal lawsuit filed in San Antonio against Gov. Greg Abbott, Secretary of State Ruth Hughs, Travis County Clerk Dana DeBeauvoir and Bexar County Elections Administrator Jacquelyn F. Callanen, the party argues that given the virus’ spread and stay-at-home orders, voter behavior will change in the upcoming elections.
The lawsuit specifically pointed to how Wisconsin’s elections were handled this week. Voters were forced to wait hours in line at overcrowded polling places after the Wisconsin and U.S. Supreme Courts ruled that the governor did not have the authority to postpone the election for two months, according to the Associated Press.
“Events unfolding in Wisconsin demonstrate that lack of organized election procedures under the pandemic circumstances will result in harm to rights guaranteed by the federal constitution,” the lawsuit reads.
The lawsuit seeks the election conditions to be declared unconstitutional and illegal, and argues they violate sections of the Voting Rights Act and tenets of the First, Fourteenth, Fifteenth and Twenty-Sixth Amendments.
In order to qualify to vote by mail, Texans must submit an application and be either 65 years or older, disabled, out of the county on election day and during in-person early voting, or be eligible to vote but confined in jail.
The lawsuit argues the current conditions violate federal provisions, in part, by discriminating between classes of voters, such as voters under the age of 65 or voters with a disability versus those who may not meet the state’s definition.
In a statement Tuesday evening, Marc Rylander, the director of communications for the Attorney General’s Office, said the state will “vigorously defend” against the party’s lawsuit as it has with previous ones.
“At a time when the State is trying to protect the public from the COVID-19 virus, Texas Democrats are furiously filing lawsuit after lawsuit to try to distract Texas officials from the public health crisis and hoodwink courts into changing Texas election laws,” Rylander said in a statement. “The Legislature enacted fair laws that protect the integrity of our elections and allow all eligible voters to participate.”
The offices of the Governor and Secretary of State did not immediately respond to requests for comments Tuesday afternoon.
“It is critically important that election officials and voters begin to prepare for an election where fewer ballots are cast in-person,” the lawsuit reads.
The polls can be busy places on election day, and some Texas voters saw hours-long waits this past Super Tuesday. With the number of confirmed COVID-19 cases on the rise, some lawmakers were concerned showing up to the polls would jeopardize public health.
The Texas Democratic Party had filed a lawsuit in Travis County District Court late last month arguing that a provision of Texas Election Code allows for Texans to cast their ballots by mail to prevent the coronavirus’ spread.
The lawsuit cited a section of Texas Elections Code that the Secretary of State’s Office had also pointed to in a recent election advisory to local officials, noting that Texas law defines disability as “a sickness or physical condition that prevents the voter from appearing at the polling place on election day without a likelihood of needing personal assistance or of injuring the voter’s health.”
Tuesday’s lawsuit also cited the Secretary of State’s advisory, arguing it had not clarified what a disability may be under the statute and noting it had recommended local officials stock up on necessary materials to meet an anticipated increase in vote-by-mail requests.
“As we face the worst public health crisis in a century, neither Governor Abbott nor Secretary of State Hughs have issued concrete guidance to county election officials on whether voters can cast a mail-in ballot during the coronavirus pandemic,” Texas Democratic Party Chair Gilberto Hinojosa said in a statement Tuesday.
Following concerns with Texans flocking to the polls amid the coronavirus’ spread, Abbott issued a proclamation last month allowing local officials to postpone their May 2 elections to Nov. 3.
And in light of Abbott’s executive order requiring Texans to stay at home unless performing essential activities, the Secretary of State’s Office instructed local officials last week to immediately push back their May 2 elections if they had not already done so.
Despite Democrats’ calls for expanded vote-by-mail, Abbott issued a proclamation last month — just hours after the Texas Democratic Party’s initial lawsuit — postponing the May 26 primary runoff elections to July 14.
According to Tuesday’s lawsuit, a hearing will be held on April 15 in the state court case.
This story was originally published April 7, 2020 at 2:49 PM.
