Federal appeals court blocks expansion of mail-in ballots in Texas amid coronavirus
A federal appeals court blocked the expansion of vote-by-mail eligibility amid the novel coronavirus’ outbreak Thursday while the state’s appeal is considered.
A panel of judges on the U.S. 5th Circuit Court of Appeals based out of New Orleans granted Attorney General Ken Paxton’s request to stay U.S. District Judge Fred Biery’s order that would have allowed eligible Texas voters, regardless of their age, to qualify for a mail-in ballot to avoid contracting the novel coronavirus amid the pandemic.
Late last month, the court had granted an administrative stay of Biery’s order, which temporarily stayed the ruling while the court weighed whether it should be blocked as the state’s appeal is considered.
Biery’s temporary injunction is now blocked until further order by the court — a little over three weeks before the start of early voting on June 29 for the July 14 runoff elections.
Paxton applauded the decision in a statement Thursday.
“Allowing universal mail-in ballots, which are particularly vulnerable to fraud, would only lead to greater election fraud and disenfranchise lawful voters,” Paxton said. “The unanimous Fifth Circuit ruling puts a stop to this blatant violation of Texas law.”
Meanwhile, in a statement Thursday, Texas Democratic Party Chair Gilberto Hinojosa said he vehemently disagreed with the stay, and noted it is likely headed to the U.S. Supreme Court.
“Voters who are rightfully worried about the safety of in-person voting should have the option to vote by mail,” Hinojosa said. “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.”
Thursday’s ruling is the latest in a back-and-forth legal battle that has led to multiple starts and stops on mail-in ballot expansion in Texas amid the pandemic.
Last week, the Texas Supreme Court also sided with Paxton and ruled that a lack of immunity to the novel coronavirus does not make a voter eligible for a mail-in ballot under Texas law. However, they declined to order local election officials to investigate mail-in ballot applications they have received.
Civil rights groups and voters suing the state have raised concerns over voters risking their health by visiting polling places while the virus spreads, and have filed a slew of legal challenges in both state and federal courts that have sought to loosen Texas’ vote-by-mail laws and restrictions.
In order to qualify to vote by mail under Texas law, voters must submit an application and be 65 or older, disabled, out of the county on Election Day and during in-person early voting, or confined in jail.
In its federal lawsuit against the state, the Texas Democratic Party argued that current election conditions are unconstitutional and violate the 26th Amendment by discriminating against voters who are under 65. Biery had sided with the Texas Democratic Party and granted a preliminary injunction that allows Texans who seek “to vote by mail in order to avoid transmission of COVID-19” to apply for a mail-in ballot.
But the 5th Circuit wrote that Biery’s ruling “will be remembered more for audacity than legal reasoning,” and said upholding it would cause the state “undeniable, irreparable harm.”
The 5th Circuit’s order noted that Biery’s injunction would require that all voters be allowed to vote by mail, “immediately and fundamentally affecting primary runoffs for which in-person voting begins in a matter of weeks.”
Gov. Greg Abbott had previously extended the early voting period by a week to begin on June 29, in an effort to give voters additional time to cast their ballots in-person and reduce crowds at polling places.
The Secretary of State’s office also recently released an eight-page checklist of “minimum recommended health protocols” for voters and election officials that recommend voters consider wearing a face mask and bring their own hand sanitizer and pen or stylus to the polls.
This story was originally published June 4, 2020 at 1:22 PM.
