Skip to content
Search

Latest Stories

Top Stories

Covid-19 worry a worthy excuse to vote absentee in Texas, judge rules

Texas Attorney General Ken Paxton

Texas Attorney General Ken Paxton (above at the 2016 GOP convention) said Wednesday the virus is not a valid reason for voting absentee -- on the same day a judge ruled the opposite.

Kirk Irwin/Getty Imagines

Fear of contracting coronavirus is a valid reason for Texans to vote by mail, a state judge has ruled.

The decision Wednesday by District Judge Tim Sulak, an Austin Democrat, came within hours of the opposite pronouncement from the office of Republican Attorney General Ken Paxton, which said the pandemic does not qualify as a legitimate excuse for voters to request an absentee ballot.

The contrasting rulings, in the state with the second most electoral votes, form the latest important example of how partisan the issue of mail-in voting has become across the country.


Democrats and good governance groups are pushing hard to expand voting by mail and otherwise ease access to the polls during the Covid-19 outbreak, in part by asking states that require a reason from citizens who want to vote absentee to waive those rules — or at least say coronavirus is covered by one of the permissible excuses.

Many Republicans, led by President Trump, oppose expanding mail-in voting, arguing it increases the chances of voter fraud. New studies out this week dispel such claims.

Sulak cited the pandemic in issuing a temporary injunction in a lawsuit filed by the Texas Democratic Party and voting rights groups, who want to broaden use of vote-by-mail in the primary runoffs in July and the November general election. The judge said it fit under a provision in state law allowing people with disabilities to request absentee ballots. Texas is one of 17 states that require a specific excuse to obtain an absentee ballot.

Paxton, who is expected to appeal, offered a withering critique of the decision. "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 addition to disability, Texas law also allows absentee ballots for people over 65, those in the military and people who will be away from home during voting.

The attorney general's opinion, written by a Paxton assistant, argues that fear of contracting coronavirus is not a sickness or a physical condition, but rather an emotional reaction to the pandemic that is not "sufficient to meet the definition of disability."

A week ago the state Democratic Party filed a second suit in federal court arguing that conducting the July 14 runoffs and the November election under current rules, at a time when stay-at-home orders or similar restrictions may be in place, would be unconstitutional and violate the Voting Rights Act.

Trump is confident of the state's 38 electoral votes, and the state has been carried by the GOP nominee without fail since 1976. But Democrats believe changing demographics give them a chance in a high-turnout election. Huge numbers would also give them a shot at a Senate upset and picking up as many as a half-dozen House seats across the state.

Read More

Stolen Land, Stolen Votes: Native Americans Defending the VRA Protects Us All – and We Should Support Them

Wilson Deschine sits at the "be my voice" voter registration stand at the Navajo Nation annual rodeo, in Window Rock.

Getty Images, David Howells

Stolen Land, Stolen Votes: Native Americans Defending the VRA Protects Us All – and We Should Support Them

On July 24, the Supreme Court temporarily blocked a Circuit Court order in a far-reaching case that could affect the voting rights of all Americans. Native American tribes and individuals filed the case as part of their centuries-old fight for rights in their own land.

The underlying subject of the case confronts racial gerrymandering against America’s first inhabitants, where North Dakota’s 2021 redistricting reduced Native Americans’ chances of electing up to three state representatives to just one. The specific issue that the Supreme Court may consider, if it accepts hearing the case, is whether individuals and associations can seek justice under Section 2 of the Voting Rights Act (VRA). That is because the Eighth Circuit Court of Appeals, contradicting other courts, said that individuals do not have standing to bring Section 2 cases.

Keep ReadingShow less
Person voting

New York City’s election has gotten a lot of attention over the last few weeks, and ranked choice voting is a big part of the reason why.

Hill Street Studios/Getty Images

New York City’s Ranked Choice Voting: Democracy That’s Accountable to Voters

New York City’s election has gotten a lot of attention over the last few weeks, and ranked choice voting is a big part of the reason why.

Heads turned when 33-year-old state legislator Zohran Mamdani knocked off Andrew Cuomo, a former governor from one of the Democratic Party’s most prominent families. The earliest polls for the mayoral primary this winter found Mamdani struggling to reach even 1 percent.

Keep ReadingShow less
Defend Democracy Against Bombardments on the Elections Front –A Three-Part Series
polling station poster on clear glass door

Defend Democracy Against Bombardments on the Elections Front –A Three-Part Series

In Part One, Pat Merloe explored the impact of the political environment, the need for constitutional defense against power-grabbing, and the malign effects of proof of citizenship on voting.

In the second part of the three-part series, Merloe explores the harmful effects of Executive Orders, the reversal of the Justice Department on voting rights, and the effects of political retribution.

Keep ReadingShow less
Defend Democracy Against Bombardments on the Elections Front –A Three-Part Series
Voted printed papers on white surface

Defend Democracy Against Bombardments on the Elections Front –A Three-Part Series

In Part 1, Pat Merloe examines the impact of the political environment, the necessity of constitutional defense against power-grabbing, and the detrimental effects of proof of citizenship on voting.

Part One: Bellicose Environment, Constitutional Infringements, and Disenfranchisement by Proof of Citizenship

The intense MAGA barrage against genuine elections, leading up to 2024’s voting, paused briefly after Election Day - not because there was diminished MAGA hostility towards typically trustworthy processes and results, but mainly because Donald Trump won. Much valuable work took place to protect last year’s polls, and much more will be needed as we head toward 2026, 2028, and beyond.

Keep ReadingShow less