Texas Supreme Court Blocks Order That Allowed Mail-In Ballots Due To Fear Of Coronavirus
AUSTIN, Texas (CBSDFW.COM/AP) — The Supreme Court of Texas on Friday blocked a lower-court order that had allowed residents to vote by mail if they cite concerns of contracting COVID-19 at polling places.
Attorney General Ken Paxton petitioned the court for the stay after an appeals court upheld a lower-court ruling last month that lifted restrictions on mail-in voting.
The stay prevents county election officials from formally taking mail-in ballot applications from voters afraid of coronavirus exposure, which they can do beginning 60 days before an election. Texas held its primary in March, and it wasn't immediately clear whether the high court would hear arguments and issue a final ruling before Election Day in November.
Voting by mail in Texas is generally limited to those 65 or older or those with a "sickness or physical condition" that prevents voting in person. Paxton had called for the court to order counties to follow voting laws after officials in some areas like Dallas County approved measures to allow voters to claim a disability and request mail-in ballots if they are worried about getting sick at polling places.
"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," Paxton said this week.
County officials and Texas Democrats cast Paxton's move as an effort to disrupt the election and an ongoing voting case. The attorney general's request contends officials in counties that also include Houston, Austin, El Paso and the border community of Brownsville have broadened eligibility to vote by mail beyond what the Legislature intended.
The ruling comes as the virus has deepened the partisan divide over mail-in voting, with President Donald Trump claiming it is ripe for fraud and Democrats embracing the practice as the safest way to vote during the pandemic.
"Protecting the integrity of elections is one of my most important and sacred obligations," Paxton said in a statement. "The Legislature has carefully limited who may and may not vote by mail. The Travis County trial court's decision to allow everyone to vote by mail is contrary to state law and will be reversed on appeal. I am pleased that today the Texas Supreme Court confirmed that my office may continue to prosecute voter fraud and issue guidance on mail-in ballots while that appeal plays out."
Conversely, Texas Democratic Party Chairman Gilberto Hinojosa called the decision "a dark day for our democracy."
"The Republican Texas Supreme Court is wrong to force the people of Texas to choose between their health and their right to vote," Hinojosa said in a statement. "They would have Texans die, just so they can hold on to power. Voters should have the ability to vote-by-mail during a pandemic if they feel their health is in danger. ... We will continue to fight like hell to protect every eligible Texan's right to vote and have their voices heard by their government."
(© Copyright 2020 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)