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The TDP motion for a fast ruling in their federal vote by mail lawsuit

I mentioned this in passing in yesterday’s post, so here are some more details.

Updating an ongoing lawsuit, the Texas Democratic Party on Wednesday asked a federal judge in San Antonio to issue an order by May 15 requiring state officials to expand vote-by-mail opportunities in upcoming elections.

The motion also asked U.S. District Judge Fred Biery to block Texas Attorney General Ken Paxton “from threatening voters with criminal or civil sanctions” if they vote by mail over fears of contracting the coronavirus at polling places.

The fast deadline is required, the petition argued, because county election officials need clarity as they prepare for primary runoff elections and a special election to fill the seat of retiring state Sen. Kirk Watson, D-Austin — both set for July 14.

[…]

On April 15, state District Judge Tim Sulak ordered expanded ballot access due to coronavirus concerns, a ruling that Paxton has appealed. That same day, Paxton issued a statement saying that fear of contracting COVID-19 is not a legitimate excuse under state law.

“While the state Court has ruled that under age 65 voters can use the disability exemption to vote absentee, the Attorney General has threatened to prosecute those who engage in this activity,” the updated federal lawsuit said.

“Texas’ law discriminates on its face against younger voters by creating two classes of voters: those 65 or older and are able to access absentee ballots and those under 65, who generally cannot,” the lawsuit argued. “When in-person voting becomes physically dangerous, age-based restrictions on mail ballot eligibility become constitutionally unsound.”

See here, here, and here for the background. I presume the state will file its response shortly. There really is a compressed schedule here, because the more mail ballots that will need to be sent out, the more time election administrators will need to handle the requests. I’ll keep an eye on this.

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One Comment

  1. Joel says:

    I keep seeing “updated” articles (there is one in today’s Austin Chronicle) referencing Paxton’s threat of two weeks ago to appeal Sulak’s injunction.

    But did he?