State appeals court upholds ruling expanding vote-by-mail eligibility amid coronavirus
A state appeals court upheld a lower court’s order Thursday that allows Texans who lack immunity to the novel coronavirus to qualify for mail-in ballots ahead of the upcoming elections.
In a 2-1 decision, a panel of judges from the 14th Court of Appeals in Houston ruled Thursday that state district Judge Tim Sulak’s temporary injunction issued last month “remains in effect.” Sulak had sided with the Texas Democratic Party in its lawsuit challenging the state, and allowed Texans to cite the disability category under state law in order to vote by mail amid the pandemic.
In order to qualify to vote by mail under state law, Texans must submit an application and be either 65 years or older, disabled, out of the county on election day and during early voting, or be eligible to vote but confined in jail.
Attorney General Ken Paxton had argued that his appeal of Sulak’s ruling meant that the order was stayed — a point that civil rights organizations and groups challenging the state had pushed back on.
“The Court of Appeals correctly stood up Judge Sulak’s order which remains in effect,” Chad Dunn, the Texas Democratic Party’s attorney, said in a statement Thursday. “Eligible voters can vote by mail during this pandemic. It is time for a few state officers to stop trying to force people to expose themselves to COVID-19 in order to vote.”
The legal battle over expanding eligibility and access to mail-in ballots amid the pandemic is far from over. State and federal lawsuits are ongoing, and a hearing is set for Friday morning in the Texas Democratic Party’s federal lawsuit challenging the state.
On Wednesday, Paxton also requested the Texas Supreme Court weigh in on his interpretation of the law to prevent elections officials in the counties of Dallas, Cameron, El Paso, Harris and Travis from processing mail-in ballots for voters who cite the disability category out of a fear of contracting COVID-19.
“We look forward to the Texas Supreme Court resolving this issue,” Alejandro Garcia, the deputy director of communications for Paxton’s office, said in a statement Thursday.
Paxton has repeatedly argued that while a person ill with COVID-19 would qualify for a mail-in ballot, a fear of contracting the virus would not meet the state’s eligibility requirements.
And he warned county judges and election officials in a letter earlier this month that they could be subject to criminal sanctions if they advise voters who normally aren’t eligible to apply for mail-in ballots.
It was a point two Dallas voters seized on, filing complaints Monday with Dallas County District Attorney John Creuzot arguing that Paxton misrepresented Texas’ election law and Sulak’s ruling in his letter to local officials, and that as a result Creuzot should initiate an investigation into 254 counts of felony elections fraud — one for each Texas county.
A spokeswoman for Creuzot’s office wrote in an email Tuesday that the complaints have been received, and that the DA’s Office has no further comment.
As the slew of legal challenges to Texas’ election laws work their way through the courts, election day draws closer.
In March, Gov. Greg Abbott postponed the May 26 primary runoff elections to July 14 over concerns with Texans flocking to the polls amid the coronavirus’ spread. And Abbott issued a proclamation Monday, moving the start of the early voting period up by a week — from July 6 to June 29 — to ensure “election officials can implement appropriate social distancing and safe hygiene practices.”
This story was originally published May 14, 2020 at 2:52 PM.
