The fight over expanding voting by mail in Texas during the coronavirus pandemic appears to be coming to an end in state courts, but a lawsuit continues at the federal level.
Following a Texas Supreme Court ruling that closed the door to expanded mail-in voting, the individual voters, state Democrats and civic organizations that sued to expand voting by mail based on a lack of immunity to the new coronavirus asked a state appeals court on Tuesday evening to dismiss their case.
Legal challenges to the state’s voting by mail rules continue in federal courts though a panel of the U.S. 5th Circuit Court of Appeals last week extended its order blocking a lower court’s sweeping ruling that would have allowed all Texas voters to qualify to vote by mail during the coronavirus pandemic. The panel cited in part the proximity of the upcoming July primary runoffs. It’s possible the issue will end up before the U.S. Supreme Court after the runoffs.
This was more or less expected after that State Supreme Court ruling, which directly addressed the question of what the state law on “disability” meant in this context. At the federal level there remains the age discrimination lawsuit and the undue burdens lawsuit, neither of which has had a hearing yet, as well as the TDP/LULAC lawsuit for which there is a block of the lower court’s ruling in the plaintiffs’ favor. (This Daily Kos elections lawsuit tracker may be useful for you.) If there’s going to be any change in the status quo, it will be for the November election, though at this point I’m dubious even if the age discrimination claims have merit. Ultimately, the sure path forward is winning enough elections to change the state law. We’re talking 2023 at the earliest for that, so in the meantime this is where the fight is. It’s all up to the federal courts now.