AUSTIN, Texas (CN) — A state judge signaled Wednesday he will side with the Texas Democratic Party and voters who filed a lawsuit seeking widespread use of mail-in ballots for an election this summer in light of the Covid-19 crisis.
“There is the understandable need for some kind of clarity and some kind of uniformity in order to try to accomplish the ultimate objective of full and fair participation of all eligible voters in all elections in which they choose to vote, and so in that respect I am inclined to grant the temporary injunction,” Travis County Judge Tim Sulak said from the bench at the end of his “virgin effort” at using video conference platform Zoom for the hearing.
Last month, the Texas Democratic Party, its chair and two Austin-area voters sued the Texas Secretary of State and the Travis County clerk over Texas’ mail-in voting law, asking the court to clarify that the law allows Texans who fear contracting or transmitting the novel coronavirus at the polls to apply for a mail-in ballot. The state is holding primary runoff elections on July 14.
Texas’ election code says eligible voters can vote early by mail only if they have a sickness or condition “that prevents the voter from appearing at the polling place on election day.” People who are out of the county during voting days, those older than 65 and inmates who are eligible to vote may also apply for a mail-in ballot.
Voting rights advocates also seek a court injunction that would keep state prosecutors from pursuing voters who apply even though they are not yet sick. Residents who vote by mail but whose applications are later found to be unlawful can be found guilty of a state jail felony.
Texas Democratic Party Chair Gilberto Hinojosa celebrated the apparent victory in a statement Wednesday afternoon.
“Our state is better off when more Texans participate in our democracy. Voting by mail is safe, secure, and accessible. It allows more voters to participate in our democracy, and it’s a commonsense way to run an election, especially during a public health crisis,” Hinojosa said.
Sophia Lin Lakin, deputy director of the American Civil Liberties Union’s Voting Rights Project, said, “The court recognized the gravity of not allowing all eligible voters a mail-in option during the pandemic. It is a common-sense solution to protect democracy and people’s well-being during this public health crisis.”
Expressing his disappointment, Texas Attorney General Ken Paxton said the court “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.”
“This unlawful expansion of mail-in voting will only serve to undermine the security and integrity of our elections and to facilitate fraud,” he said in a statement. “Fear of contracting Covid-19 does not amount to a sickness or physical condition as required by state law.”
About a dozen attorneys and witnesses connected to a Zoom call to deliver testimony and argue the case before Judge Sulak earlier Wednesday.
Chad Dunn of the Austin firm Brazil & Dunn represented the Texas Democrats in opening arguments.
“We’re obviously in an unprecedented time,” Dunn began. “We ... have to reduce the demand on in-person voting, as a matter of practicality and as a matter of public health.”
Joaquin Gonzalez, an attorney representing the intervening plaintiffs — a University of Texas student, three voters’ rights groups and a labor rights organization — also gave opening arguments.
“Our clients, like all voters, should not be forced to choose between physical safety and their right to vote,” Gonzalez said.
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