Image by mohamed Hassan from Pixabay
Quite a bit has happened since the last time we reported on the vote-by-mail issue that has been pending here in Texas. The issue is still winding its way through the court system, both at the state and federal levels. In case you’ve missed it, here are some of the latest developments that have occurred.
Harris County Will Send Mail-In Ballot Applications to All Harris County Residents
On August 25, the Harris County Clerk’s office announced that it will send an application for a mail-in ballot for the upcoming general election to every registered voter in the county. Keep in mind, though, that here in Texas, to cast a ballot by mail, a voter must satisfy one of the following conditions: be away from their county of residence on Election Day and the period designated for early voting; be sick or disabled; be 65 years of age or older on Election Day, or be incarcerated but otherwise eligible to vote. (These requirements are at the heart of the litigation surrounding this issue.) Harris County Clerk Chris Hollins defended his initiative, arguing that for those eligible to vote by mail, the absentee ballot method was the safest. He also asserted that his proposal had the potential of increasing the safety of those who must vote in person by decreasing the number of people physically going to the polls, thereby reducing the possibility of long lines and overcrowded polling locations.
Texas AG Says Not So Fast on Those Applications, Harris County
On August 31, the State of Texas, through Texas Attorney General Ken Paxton, filed a petition in the Harris County District Court, seeking to enjoin the Harris County Clerk from sending mail-in ballot applications to every registered voter in Harris County. The petition alleged the County Clerk lacked the authority to execute his plan and that the proposal to send out unsolicited applications to all will result in confusion as to who is ultimately eligible to vote by mail. Harris County Republicans joined the litigation by filing a petition for a writ of mandamus requesting a halt to the clerk’s plans.
Harris County Clerk Hits Pause on Mail-In Ballot Application Initiative
As a result of the pending litigation, Harris County Clerk Chris Hollins, on September 1, indicated that he was going to hold off on his plan to send vote-by-mail applications to all registered Harris County voters. He was, however, still intending to send applications to everyone 65 and older and expressed that his office will be ready when he gets the green light from the court to send applications to all registered voters.
Texas Supreme Court Temporarily Puts the Brakes on Harris County Clerk’s Plan
In response to the lawsuit filed by the Harris County Republican Party, the Texas Supreme Court has ordered the Harris County Clerk to refrain from sending mail-in ballot applications to registered voters under the age of 65 who have not requested them. It appears, though, that the ultimate decision in this matter will depend upon the result of the lawsuit filed by the State of Texas in the 61st Judicial District Court in Harris County.
On August 31, in response to a lawsuit that was filed in April by the Texas Democratic Party, a panel of judges in the Fifth Circuit heard arguments in the case alleging that the Texas Election Code is discriminatory because it limits mail-in voting to those 65 years of age and older. The Texas Solicitor General argued that the law does not infringe upon anyone’s voting rights and was crafted with the prevention of voter fraud in mind. The Texas Democratic Party disagreed, arguing that limiting voting by mail to select group of people places an undue burden on others who want to exercise their right to vote.