Texas: Straight-ticket voting lawsuit tossed by federal court | Alexa Ura/The Texas Tribune

A federal judge on Wednesday threw out Democrats’ effort to reinstate the straight-ticket voting option in Texas. Siding with the state, U.S. District Judge Marina Garcia Marmolejo found that Democrats lacked standing to challenge Texas Republicans’ decision to kill straight-ticket voting ahead of the November general election. The judge dismissed the federal lawsuit after ruling that Democrats’ claims of the electoral fallout that could come from eliminating straight-ticket voting were too speculative. The Texas Democratic Party — joined by the chair of the Webb County Democratic Party and the Democratic campaign arms of the U.S. Senate and House — filed the lawsuit in March on the heels of Super Tuesday voting that left some Texans waiting for hours to cast their ballots. They claimed the elimination of straight-ticket voting is unconstitutional and intentionally discriminatory because the longer lines and waiting times it is expected to cause would be disproportionately felt at polling places that serve Hispanic and Black voters.

Texas: Coronavirus postponed a Texas election. Now there’s even greater risk for some voters. | Alexa Ura/The Texas Tribune

When the coronavirus threat was newer and seemed more immediate, Texas postponed its May elections to pick winners in several party primary runoffs, fearing the health risks of exposing voters and poll workers. With those statewide elections about to take place, the health risks voters face are now arguably greater than when the runoffs were initially called off. The virus appears to be in much wider circulation than the original May 26 runoff date, with the state coming off a full week of record highs for COVID-19 hospitalizations and several consecutive days of record highs for daily reported infections. But voters won't be required to wear masks at polling places. Gov. Greg Abbott, who earlier expressed concerns about exposing Texans "to the risk of death" at crowded polling sites, has forbidden local governments from requiring people to wear them in public. And Texas Republicans, led by state Attorney General Ken Paxton, have successfully fought off legal efforts by Democrats and some voters to let more people vote by mail if they are fearful of being exposed to the virus at polling places.

Texas: Democrats ask U.S. Supreme Court to weigh in on voting by mail | Alexa Ura/The Texas Tribune

After a series of losses in state and federal courts, Texas Democrats are looking to the U.S. Supreme Court to expand voting by mail during the coronavirus pandemic. The Texas Democratic Party asked the high court Tuesday to immediately lift the 5th U.S. Circuit Court of Appeals' block on a sweeping ruling that would allow all Texas voters who are seeking to avoid becoming infected at in-person polling places to instead vote by mail. Early voting for the July 14 primary runoff election begins June 29. The fight to expand who can qualify for a ballot they can fill at home and mail in has been on a trajectory toward the Supreme Court since Texas Democrats, civil rights groups and individual voters first challenged the state's rules months ago when the new coronavirus reached Texas. Under existing law, mail-in ballots are available only if voters are 65 or older, cite a disability or illness, will be out of the county during the election period or are confined in jail.n "Our constitution prevents our government from discriminating against voters due to age. Especially during this pandemic, why should we be penalized for being under age 65?" said Brenda Li Garcia, a registered nurse in San Antonio and plaintiff in the case, during a virtual press conference announcing the appeal to the Supreme Court. "To protect a certain group and to give only certain ages the right to vote by mail is arbitrary, discriminatory and unconstitutional."

Texas: Dismissal sought in Texas lawsuit over mail-in voting during coronavirus | Alexa Ura/The Texas Tribune

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. After 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 Tuesday evening to dismiss their case. The case was part of a flurry of litigation in state and federal courts challenging the state’s rules for who qualifies for a ballot they can fill out at home and mail in, that for now has left the status quo in place: Mail-in ballots are available only if voters are 65 or older, cite a disability or illness, will be out of the county during the election period, or are confined in jail. The Texas election code defines disability as a “sickness or physical condition” that prevents a voter from appearing in person without the likelihood of “injuring the voter’s health.”

Texas: Voters will decide for themselves if they need mail-in ballots for July runoffs | Taylor Goldenstein/Houston Chronicle

As Democrats and civil rights groups sue to expand mail-in voting during the pandemic, a recent decision by the Texas Supreme Court has left it up to voters to decide for themselves whether they qualify for vote-by-mail. In its decision in late May, the highest civil court in the state ruled that lack of immunity to COVID-19 alone does not constitute a disability that would allow those under 65 years old to vote by mail rather than at the polls, under the Texas election codes. But it added — which legal experts say is crucial — that a voter can take the possibility of being infected into consideration along with his or her “health” and “health history” to determine whether he or she needs to vote by mail under the ‘disability’ provisions in the law. “I think really the story here is that it’s going to be up to individual voters to decide whether they fit this definition or not,” said Joseph Fishkin, a University of Texas professor who studies election law and has closely followed the cases. So while the court battle continues with Democrats on one side, and on the other side Republican state leaders who argue that an expansion of mail-in voting would encourage more voter fraud, it will be up to elections officials across the state to set the tone for mail-in voting.

Texas: Federal appeals court blocks expansion of mail voting in Texas during COVID-19 | James Barragán/Dallas Morning News

A federal appeals court on Thursday blocked the expansion of mail voting in Texas during COVID-19. A three-judge panel of the U.S. 5th Circuit Court of Appeals stayed a temporary injunction by District Judge Fred Biery of San Antonio that allowed people who lacked immunity to COVID-19 — essentially all Texans — the ability to vote by mail. The panel unanimously blocked that injunction until a full appeal is heard. The appeals court had previously put the lower court’s injunction on temporary pause. But Thursday’s order brought the expansion of mail voting in the state during COVID-19 to a full stop. The injunction is now blocked until further order of the appeals court. Attorney General Ken Paxton applauded the appeals court’s ruling in a statement. “Allowing universal mail-in ballots, which are particularly vulnerable to fraud, would only lead to greater election fraud and disenfranchise lawful voters," he said. "The unanimous Fifth Circuit ruling puts a stop to this blatant violation of Texas law.”

Texas: Wichita County buys additional voting equipment in case of increased mail-in ballots | Claire Kowalick/Wichita Falls Times Record News

Wichita County is planning to have additional equipment in place in case there are any changes to elections due to the COVID-19 situation. The Commissioners Court approved Monday the purchase of a Hart Intercivic Ballot Now Printer and a Kodak i660 Central Scanner with software and monitor for $62,675. The expenditure will come of the of the general contingency fund, but the purchase could be fully or partially reimbursed through the Helping America Vote Act (HAVA). HAVA was passed by the United States Congress in 2002 to improve the voting process and voter access after issues came up in the 2000 election. The program aims to update and upgrade voting equipment, have statewide voter registration databases, provide voter identification and administrative complaint procedures, and provide provisional voting. While elections offices have been working for years to make these changes, the upcoming election has the additional challenge of the coronavirus. There has been discussion at the national and state levels to expand mail-in voting to lessen the chance of exposure to COVID-19, especially for the elderly or other vulnerable populations.

Texas: Texas Says Coronavirus Is Not A Good Enough Reason To Vote By Mail | Ashley Lopez/NPR

In an effort to keep voters safe, states of all political complexions are finding ways to expand access to mail-in ballots as a result of the coronavirus pandemic. Then there's Texas. The state has some of the most restrictive laws limiting vote by mail in the country. Under Texas law, the program is open only to people who are 65 or older, people who will be out of the county during the election, people who are in jail and not convicted, and people who are disabled. And after a series of often-contradictory court orders over the past month, it's still unclear whether more Texans will be able to use mail-in ballots during upcoming elections in July and November. There are currently multiple legal challenges to those policies working through various state and federal courts. Lower court judges have ordered the state to allow voters greater access to mail-in ballots during the COVID-19 pandemic. Higher courts have routinely overturned those orders – often a day or two later. The most recent legal decision, made by the Texas Supreme Court on Wednesday, said lack of immunity to the virus was not sufficient grounds for requesting a mail-in ballot.

Texas: Three top Texas GOP officials who oppose expanding mail-in voting have each used it | Alexa Ura/The Texas Tribune

Three of Texas' top Republican leaders are vigorously fighting efforts to expand mail-in voting during the coronavirus pandemic, arguing it will lead to increased voter fraud, yet all three have themselves cast absentee ballots at least once in past elections. Lt. Gov. Dan Patrick — then a state senator — voted by mail in 2007 for a May Houston municipal election and an ensuing runoff, though Harris County records show his first mail-in ballot was rejected because of a signature verification issue. Patrick is a regular voter in both local and state elections and favors casting his ballot during the early voting period. He's been voting in Montgomery County since 2017. Although he’s a regular in-person voter in Collin County, Texas Attorney General Ken Paxton used the voting-by-mail option to cast a ballot in a 2011 municipal election, according to county records. In recent elections, he's opted for voting early. Travis County election records show Gov. Greg Abbott cast a mail-in ballot in a 1997 special election when he was a justice on the Texas Supreme Court. Abbott consistently votes in local and state elections.

Texas: Vote-by-mail expansion blocked by state Supreme Court | Alexa Ura/The Texas Tribune

The Texas Supreme Court ruled Wednesday that a lack of immunity to the new coronavirus does not qualify a voter to apply for a mail-in ballot. In the latest twist in the legal fight over voting by mail during the coronavirus pandemic, the court agreed with Texas Attorney General Ken Paxton that the risk of contracting the virus alone does not meet the state’s qualifications for voting by mail. “We agree with the State that a voter’s lack of immunity to COVID-19, without more, is not a ‘disability’ as defined by the Election Code,” the court wrote. Texas voters can qualify for mail-in ballots only if they are 65 years or older, have a disability or illness, will be out of the county during the election period, or are confined in jail. The Texas election code defines disability as a “sickness or physical condition” that prevents a voter from appearing in person without the risk of “injuring the voter’s health.” Although the court sided with Paxton's interpretation of what constitutes a disability, it indicated that it is up to voters to assess their own health and determine if they meet the state's definition.

Texas: For some voters, being able to vote by mail is life or death matter; others just see fraud potential | James Barragán/Dalla Morning News

For the past two months, the state of Texas has been in a legal battle with the Texas Democratic Party and voting rights groups over a push to expand mail voting during the coronavirus pandemic. In state and federal courts, the parties have argued and gotten orders from judges to allow more people to vote by mail. Those orders have been appealed and fought over. Expanded mail voting has been on in the state, then off; then on again, then off again. Most of the fighting has involved legalistic procedural challenges. Shellie McCullough, a sixth-generation Texan, has no use for such ticky-tacky procedural arguments. But the outcome may determine whether she has to place her life in danger come July when she plans to vote in the state’s primary runoffs. McCullough, 47, who lives just outside of Midlothian, was diagnosed with hypertension 12 years ago. That condition, which she shares with nearly half of all adults in the United States, puts her at high risk for severe illness if she develops COVID-19, the disease caused by the novel coronavirus.

Texas: Federal appeals court puts coronavirus mail voting expansion on hold again | James Barragán/Dallas Morning News

A federal appeals court has once again put on hold an expansion of mail voting during the coronavirus in Texas. The decision by a three-judge panel of the U.S. Fifth Circuit Court of Appeals in New Orleans on Wednesday came just one day after a federal judge in San Antonio ordered that all Texas voters who feared contracting the coronavirus could apply to vote by mail. The temporary hold on that order is a victory for Attorney General Ken Paxton, who said U.S. District Judge Fred Biery had ignored evidence and disregarded well-established laws in his decision to expand mail voting on Tuesday. But it could prove to be a temporary win. The appeals court’s action is an administrative stay that is in place while the court considers whether to block Biery’s ruling while it hears Paxton’s appeal. The Texas Democratic Party and the voting rights groups that filed the suit to expand mail voting have until Thursday at 3 p.m. to present their argument to the appeals court to give reasons Biery’s order should remain in place while the appeals court hears the case.

Texas: Federal judge orders expansion of mail-in voting in Texas | Paul J. Weber/Associated Press

A federal judge Tuesday ordered Texas to allow any of the state’s 16 million voters to cast a ballot by mail over fears of the coronavirus, paving the way for what would be one of the most dramatic expansions of mail-in voting in the country. The decision is unlikely to be the last word. Republican Texas Attorney General Ken Paxton, who in recent weeks has suggested that steering voters toward wrongly applying for mail-in ballots could result in prosecution, said the state would appeal. He called the ruling by U.S. District Judge Fred Biery a dismissal of “well-established law.” The fight in Texas is just one of several court battles across the country over efforts, mainly by Democrats, to expand access to mail-in ballots amid the pandemic. In Wisconsin, where election officials drew widespread criticism for holding its April 7 presidential primary even as other states delayed voting, a new lawsuit filed Monday argued that not enough has been done since then to ensure that the upcoming elections can be conducted safely and fairly. 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. In a lengthy ruling, Biery rejected Paxton’s assertion that fear of getting the virus doesn’t qualify as a disability under the law.

Texas: Federal judge says Texas voters can vote by mail during coronavirus | Alexa Ura/The Texas Tribune

A federal judge opened a path for a massive expansion in absentee voting in Texas by ordering Tuesday that all state voters, regardless of age, qualify for mail-in ballots during the coronavirus pandemic. Days after a two-hour preliminary injunction hearing in San Antonio, U.S. District Judge Fred Biery agreed with individual Texas voters and the Texas Democratic Party that voters would face irreparable harm if existing age eligibility rules for voting by mail remain in place for elections held while the coronavirus remains in wide circulation. Under his order, which the Texas attorney general said he would immediately appeal, voters under the age of 65 who would ordinarily not qualify for mail-in ballots would now be eligible. Biery's ruling covers Texas voters "who seek to vote by mail to avoid transmission of the virus." In a lengthy order, which he opened by quoting the preamble to the Declaration of Independence, Biery said he had concerns for the health and safety of voters and stated the right to vote "should not be elusively based on the whims of nature."

Texas: Cyberattack Disrupts Texas Department of Transportation | Lucas Ropek/Government Technology

The Texas Department of Transportation (TxDOT) was hit by a ransomware incident last Thursday, making it the second state agency to suffer such an attack in a little less than a week. On the heels of an attack against the state's Office of Court Administration (OCA) May 8, a hacker gained access to the TxDOT's network last week, in what officials are calling a "ransomware event." The agency took measures to contain the damage and has contacted the FBI to help with its investigation, according to a press release. "We want every Texan to rest assured that we are doing everything we can to swiftly address this issue. We are also working to ensure critical operations continue during this interruption," TxDOT Executive Director James Bass said in a statement Friday. While it's unclear which services have been affected by the attack, the agency's website appears to have lost some functionality and now includes a banner that reads: "Due to technical difficulties, some website features are unavailable. We are working to resolve this issue quickly."

Texas: State Supreme Court pauses expansion of voting by mail during coronavirus | Alexa Ura/The Texas Tribune

The Texas Supreme Court on Friday temporarily put on hold an expansion of voting by mail during the coronavirus pandemic. Siding with Attorney General Ken Paxton, the Supreme Court blocked a state appeals court decision that allowed voters who lack immunity to the virus to qualify for absentee ballots by citing a disability. That appellate decision upheld a lower court's order that would have allowed more people to qualify to vote by mail. The state's Supreme Court has not weighed the merits of the case. It’s the latest in an ongoing legal squabble that in the last three days has resulted in daily changes to who can qualify for a ballot they can fill out at home and mail in. Federal and state courts are considering legal challenges to the state’s rules for voting by mail as Democrats and voting rights groups ask courts to clarify whether lack of immunity to the coronavirus is a valid reason for people to request absentee ballots. A resolution to that question is gaining more urgency every day as the state approaches the July primary runoff elections.

Texas: Appeals court allows expansion of voting by mail during ongoing legal fight | Alexa Ura/The Texas Tribune

A state appeals court upheld a temporary order Thursday from a state district judge that could greatly expand the number of voters who qualify for mail-in ballots during the coronavirus pandemic, rebuffing Attorney General Ken Paxton's effort to have the ruling put on hold while he appeals it. In a 2-1 split along party lines, a panel of the 14th Court of Appeals of Texas said it would let stand state District Judge Tim Sulak's ruling from last month that susceptibility to the coronavirus counts as a disability under state election law and is a legally valid reason for voters to request absentee ballots. Paxton has been fighting that ruling and had argued that his pending appeal meant the lower court’s ruling was not in effect. Federal and state courts are considering legal challenges to the state’s rules for voting by mail as Democrats and voting rights groups ask courts to clarify whether lack of immunity to the coronavirus is a valid reason for people to request absentee ballots. Under Sulak's order, voters can request mail-in ballots during the coronavirus pandemic by citing the disability qualification allowed in the Texas election code.

Texas: Attorney General asks state Supreme Court to step into fight over voting by mail | Alexa Ura/The Texas Tribune

In a bit of judicial leapfrog, Texas Attorney General Ken Paxton is asking the Texas Supreme Court to weigh in on his interpretation of how voters can qualify for absentee ballots during the coronavirus pandemic. Various lawsuits are pending over whether eligibility for mail-in ballots can be expanded to voters who risk contracting the virus by voting in person. Paxton believes it can't, and he asked the state's highest civil court Wednesday to issue a relatively rare writ of mandamus preventing local election officials from doing so. In a motion filed Wednesday, the Republican attorney general asked the Texas Supreme Court to order election officials in some of the biggest, largely Democratic counties in the state to follow his reading of existing eligibility requirements for absentee voting, arguing the court must step in quickly because those county officials intend to apply an “incorrect reading” of state law. Federal and state courts are considering legal challenges to the state’s rules for voting by mail that seek to extend eligibility to voters who lack immunity to the new coronavirus. Primary runoff elections are set for July, and new ground rules could also come into play for the November general election.

Texas: Complaint filed over Attorney General’s tactics to limit mail-in voting | Stacy Fernández/The Texas Tribune

Two Dallas men have accused Texas Attorney General Ken Paxton of felony election fraud and formally asked the Dallas County district attorney's office Monday to investigate a tweet and a letter Paxton sent regarding which Texans are eligible to cast mail-in ballots in upcoming elections. The Dallas County district attorney's office confirmed Tuesday that it received the complaint. Kendall Scudder, a businessman who ran as a Democrat for a Texas Senate seat in 2018, and Dallas lawyer Woot Lervisit contend that Paxton knowingly misled county election officials and the public. In a May 1 letter, Paxton told local election officials that eligibility for absentee voting has not been expanded and that voters can't legally ask for absentee ballots because they fear contracting the new coronavirus if they vote in person. Paxton’s claim was at odds with a state court ruling by Travis County District Judge Tim Sulak, who found last month that voters who lack immunity to the new coronavirus can qualify for mail-in ballots under a provision of the Texas election code that allows for absentee voting based on a disability. In his letter, Paxton indicated that ruling was put on hold when his office appealed it.

Texas: State’s rules for mail-in voting won’t work during pandemic, a new lawsuit argues | Alexa Ura/The Texas Tribune

A coalition of voters and civil rights groups opened a new front Monday in the legal wars over mail-in voting in Texas during the new coronavirus pandemic. Several lawsuits already underway challenge state limits on who can vote by mail, but a lawsuit filed Monday dives into the mechanics of mail-in balloting, arguing that existing rules will deprive voters of their constitutional rights in the middle of a public health crisis. In the federal lawsuit filed in San Antonio, five Texas voters with medical conditions, Voto Latino, the NAACP Texas and the Texas Alliance for Retired Americans argue that four existing rules for absentee voting will place undue burdens on the right to vote, or risk disenfranchising Texans, during the pandemic.

Texas: Legal fight: Is vote by mail a coronavirus option in Texas? | Chuck Lindell /Austin American-Statesman

With two months until the next elections and the pandemic’s future murky, a legal battle is underway to determine if most Texans will have to cast ballots in person or if they can skip the crowds and vote by mail. The fight will determine how Texans vote July 14 in the primary runoffs and a special election for the seat vacated by state Sen. Kirk Watson, D-Austin — and likely in the November presidential election as well. It’s a fight that has split along party lines. Democrats, arguing that Texans should not have to choose between protecting their health and exercising their right to vote, have filed two lawsuits to greatly expand opportunities to vote by mail. The state’s Republican attorney general, backed by other GOP and conservative leaders, opposes the effort, arguing that it is contrary to a state law that reserves mail-in ballots for specific groups of voters, such as those who are 65 or older or have a disability. "My office will continue to defend the integrity of Texas’ election laws," Attorney General Ken Paxton said. Texas is not alone in the battle. The Republican National Committee and President Donald Trump’s campaign have lined up to fight similar Democratic efforts to expand remote voting in other states, arguing that mail-in ballots are susceptible to fraud.

Texas: Voters sue over age restrictions for mail-in ballots | Alexa Ura/The Texas Tribune

Citing the threats of the coronavirus, six Texas voters filed suit in federal court Wednesday challenging restrictions that limit age eligibility for voting by mail to those 65 and older. In a lawsuit filed in San Antonio, the voters — all between the ages of 18 and 28 — claim the Texas election code violates the 26th Amendment’s protections against voting restrictions that discriminate based on age. While all Texas voters 65 and older can request a mail-in ballot, those younger than 65 must meet a narrow set of requirements to qualify. The voters are backed by the National Redistricting Foundation, an affiliate of the National Democratic Redistricting Committee chaired by former U.S. Attorney General Eric Holder. The lawsuit cites the urgency brought on by the coronavirus outbreak in asking a federal judge to remedy what they argue are discriminatory and unconstitutional age restrictions. "Having opted to make mail-in voting an option for voters in Texas, Defendants may not constitutionally choose to restrict access to the franchise to voters for no other reason than the fact that they are 18 years old, 25 years old, or 64-and-a-half years old. Period," the lawsuit argues. "While the Absentee Ballot Age Restriction would be unconstitutional under any event, in the current circumstances its application is unconscionable."

Texas: Drive-thrus and free pencils: Texas plans for July elections with in-person voting | Alexa Ura/The Texas Tribune

There will be an election in Texas in mid-July, apparently with polling sites, election workers and voting machines in place so people can cast their ballots in person. How many voters might be willing to risk a trip to the polls during a pandemic, though, remains unknown. As Texas Republicans work to block the expansion of mail-in balloting during the coronavirus crisis, local election administrators across the state are deciphering how to safely host voters for the July 14 primary runoff elections — and eventually the November general election — under circumstances unseen by even the most veteran among them. Looking to expand curbside voting, some election officials are considering retooling parking garages or shuttered banks with drive-thru lanes. Rethinking contact during a process that requires close proximity, others are toying with the idea of buying hundreds of thousands of pencils that voters would take home after using the eraser end to mark their ballots on touch-screen voting machines.

Texas: Voters who fear catching the coronavirus can vote by mail, state judge rules | James Barragán/Dallas Morning News

A state judge said Wednesday afternoon that all voters in Texas afraid of contracting COVID-19 through in-person voting should be allowed to vote by mail during the pandemic. State District Judge Tim Sulak of the 353rd District Court in Travis County said he will issue a temporary injunction allowing voters who fear catching the new coronavirus to qualify for mail-in voting through the disability clause in the state’s election code. The lawsuit was filed by the Texas Democratic Party and several voting rights groups who are concerned that voters in upcoming July elections, including the primary runoffs, could catch the virus if access to mail ballots is not expanded. “Today is a victory for all Texans. The right to vote is central to our democracy,” the party’s chairman Gilberto Hinojosa said in a statement. “Voters should not have to choose between their lives or their right to vote.” Texas Attorney General Ken Paxton said he was “disappointed” that the court had “ignored the plain text of the Texas election code to allow perfectly healthy voters to take advantage of special protections made available to Texans with actual illness or disabilities.”

Texas: A Battle Brews Over Voting by Mail Amid Coronavirus | Elizabeth Findell/Wall Street Journal

Republicans and Democrats in Texas are locking horns over coronavirus-related efforts to expand voting by mail, with Republicans arguing it can fuel voter fraud and Democrats warning that disallowing it could harm turnout and sway results. The Texas Democratic Party has filed two lawsuits against state election officials and Republican Gov. Greg Abbott to extend the state’s limited mail-in eligibility. A state district judge Wednesday afternoon said he would grant Democrats an injunction to allow Texans to vote by mail; state Republicans are expected to appeal. At the same time, Texas Attorney General Ken Paxton issued a letter saying someone already ill with Covid-19 could vote by mail, but mere fear of contracting the illness wouldn’t qualify. Election stakes are high in the country’s second-largest state. For years, hopeful Democrats have declared that this will be the year Texas turns blue, while Republicans have rolled their eyes and said Texas will always be a red state. Now, after former Rep. Beto O’Rourke came within a few percentage points of unseating Sen. Ted Cruz in 2018, Texas is more widely considered a battleground.

Texas: Judge will issue order that could greatly expand mail-in voting | Alexa Ura/The Texas Tribune

A state district judge said Wednesday that he will move forward with an order easing restrictions for voting by mail in Texas in light of the new coronavirus pandemic. After conducting a video conference hearing in a lawsuit filed by state Democrats and civic organizations, Judge Tim Sulak told the attorneys he will issue a temporary injunction allowing all voters who risk exposure to the coronavirus if they vote in person to ask for a mail-in ballot under a portion of the Texas election code allowing absentee ballots for voters who cite a disability. His ruling, which is almost certain to be appealed by the state, could greatly expand the number of voters casting ballots by mail in the upcoming July primary runoff elections. Until now, voting by mail has been limited in the state. Texans seeking an absentee ballot that they can fill out at home and mail in had to be 65 years or older, have a disability or illness, be out of the county during the election period, or be confined in jail. The Texas election code defines disability as a “sickness or physical condition” that prevents a voter from appearing in person without the risk of “injuring the voter’s health.” Citing ambiguity in state law regarding what qualifies as a disability, Sulak agreed that qualification can currently apply to any voter in Texas. His official order has not yet been issued.

Texas: Republicans say there’s no need for changes to elections in coronavirus era | James Barragán/Dallas Morning News

As the novel coronavirus shifts all aspects of daily life, most Republican candidates in runoff contests scheduled for July 14 remain convinced that the elections will go on as expected without the need for additional protections. Texas Republicans have runoffs in several highly contested congressional and state house races, but none of the candidates interviewed by The Dallas Morning News expressed a need for immediate changes to current election procedures. “Our state limits vote by mail to specific circumstances and I support the current system,” former Dallas Rep. Pete Sessions, who is now running for U.S. House District 17 in Central Texas, said in a statement. His opponent in the race to replace outgoing Republican Bill Flores, Renee Swan, said her team had made “tens of thousands” of wellness calls to check on citizens in recent weeks. “Our neighbors have been telling us over and over again during those conversations that they are anxious to be done with the quarantines so they can get back to work, attend church, and that they will enthusiastically vote in-person,” Swan said in a statement.

Texas: Amid coronavirus fear, mail-in votes could be key in July primary runoffs, November election | Gromer Jeffers Jr./Dallas Morning News

For the July primary runoffs, and perhaps the November general election, ballots that are mailed instead of cast in-person could largely determine winners and losers — and change the way political campaigns are conducted in the coronavirus era. The fight against the coronavirus has delayed the runoffs, originally scheduled for May 26, until July 14. But it’s unclear if Texas will have turned the corner in the battle by then. Residents could still be wary of going to polling places for fear of coming in contact with infected people. Seniors have an easy solution. Texas law allows anyone older than 65 to vote by mail. Political analysts expect that group to be as important as ever, as many older residents are already accustomed to mailing their ballots. As of now, seniors, the sick and people with disabilities are the only non-absentee residents who can vote by mail. On Thursday, Keith Ingram, director of elections for the Texas secretary of state, sent out a memo reminding county elections officials that they could encourage voters suffering or recovering from an illness, be it COVID-19 or something else, to use a mail-in ballot.

Texas: Citing coronavirus threat, Democrats sue to expand mail-in voting | Alexa Ura/The Texas Tribune

Following fruitless negotiations over how to proceed with the upcoming primary runoff elections, Texas Democrats are looking to the courts to push for an expansion of voting by mail in the state. In a lawsuit filed in Travis County district court late Friday, the Democrats are asking a judge to declare that a portion of the Texas election code allowing voters to cast a mail-in ballot if they suffer from a disability applies to any voter in Texas "if they believe they should practice social distancing in order to hinder" the spread of the new coronavirus. The lawsuit was filed on behalf of the Texas Democratic Party and two individual voters who would seek to vote by mail given the state of the coronavirus outbreak. "Whatever happens from this moment forward with respect to the pandemic, numerous voters, including the two individual Plaintiffs herein, seek to avail themselves of the option of mail-in ballots," the lawsuit reads. "Similarly, the Texas Democratic Party needs to know how state law permits local election officials to handle such ballots cast in the Texas Democratic Party Runoff Primary Election so the [party] can determine how it desires to proceed in selecting nominees who were facing a runoff."

Texas: Coronavirus could postpone municipal elections until November | Alexa Ura/The Texas Tribune

As the coronavirus outbreak continues to grow in Texas, Gov. Greg Abbott issued a proclamation Wednesday that will allow municipalities to postpone their upcoming May 2 elections until November. The move comes after Abbott issued a disaster declaration over the pandemic that paved the way for him to suspend parts of the state’s election code to allow for postponements. Notably, individual municipalities will still have to act to postpone their elections, but Abbott urged officials to move them to November. "I strongly encourage local election officials to take advantage of these waivers and postpone their elections until November," Abbott said in a statement. "Right now, the state's focus is responding to COVID-19 — including social distancing and avoiding large gatherings. By delaying this election, our local election officials can assist in that effort."