The March primary will officially proceed as scheduled.
A federal three-judge panel in El Paso on Tuesday denied a request by Tarrant County residents to block a reconfigured state Senate district from being used in the upcoming March primary election while they pursue a lawsuit arguing that Texas lawmakers intentionally discriminated against voters of color when they redrew its boundaries.
The legal challenge to Senate District 10 in the Fort Worth area offered the only avenue to alter the state political maps drawn last year by the Legislature before the primary election. The Republican-controlled Legislature used the once-a-decade redistricting process to draw maps solidifying the GOP’s political dominance while weakening the influence of voters of color.
Without a successful appeal to the U.S. Supreme Court, the maps will remain in place until later this year, when the panel is expected to hold a trial to hear the large collection of challenges to the new maps for the state House and Senate, the State Board of Education and the state’s Congressional seats.
The plaintiffs — including Democratic state Sen. Beverly Powell, who represents SD-10 in its previous configuration — and attorneys for the state faced off in an El Paso courtroom last week during a four-day hearing before the three-judge panel. The plaintiffs were asking for a temporary injunction blocking the primary using the redrawn SD-10.
The state also argued it was too late to make changes for the March 1 primary, for which mail-in ballots have already started going out. In-person early voting begins Feb. 14.
The three-judge panel did not specify its reasons for siding with the state in its Tuesday order, saying those would be contained in a forthcoming opinion. The panel did note the state’s argument that an order to block the use of the redrawn SD-10 so close to the primary election would “fly in the face” of the Supreme Court’s previous warnings that lower courts should not make changes “on the eve of an election.”
See here and here for the background. I can’t say I’m surprised – we are less than two weeks out from the start of early voting, and mail ballots are being sent to those lucky few who have managed to fill out their applications correctly. Whether it was possible for the court to have acted faster than this I can’t say, but given where we are now, this was the most likely outcome. This lawsuit and the other federal and state suits will proceed later, and if there are any remedies offered they will happen no earlier than the 2024 election. Which means that if the plaintiffs do eventually prevail in this one, it will be too late for Sen. Powell, who is a big underdog in the current district. That sucks and it’s not fair, but it’s where we are. All we can do is move forward.