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Texas ban on encouraging mail-in votes likely unconstitutional, judge rules
Yeah for Christian and Harris County
Link to tweet
SAN ANTONIO — A new Texas law that keeps local election officials from encouraging voters to request mail-in ballots likely violates the First Amendment, a federal judge ruled late Friday.
Following a testy three-hour hearing earlier in the day, Federal District Judge Xavier Rodriguez temporarily blocked the state from enforcing the rule against Harris County’s election administrator until the rest of a lawsuit plays out. Although the scope of Rodriguez’s preliminary injunction is limited, the judge dealt the first legal blow to new elections restrictions and voting changes Republican lawmakers enacted last year.
The injunction applies to Texas Attorney General Ken Paxton and local county prosecutors in Harris, Travis and Williamson counties.....
They also repeatedly argued Longoria and Morgan could not prove they were facing an explicit threat of prosecution to justify the preliminary injunction. Under Senate Bill 1, officials who violate the prohibition on soliciting mail-in ballots face a state jail felony, which can be punishable by a minimum of 180 days in jail and fines up to $10,000.
Sean Morales-Doyle, an attorney for the plaintiffs, countered that an explicit threat of prosecution was not necessary because laws are also created to deter specific actions.
Following a testy three-hour hearing earlier in the day, Federal District Judge Xavier Rodriguez temporarily blocked the state from enforcing the rule against Harris County’s election administrator until the rest of a lawsuit plays out. Although the scope of Rodriguez’s preliminary injunction is limited, the judge dealt the first legal blow to new elections restrictions and voting changes Republican lawmakers enacted last year.
The injunction applies to Texas Attorney General Ken Paxton and local county prosecutors in Harris, Travis and Williamson counties.....
They also repeatedly argued Longoria and Morgan could not prove they were facing an explicit threat of prosecution to justify the preliminary injunction. Under Senate Bill 1, officials who violate the prohibition on soliciting mail-in ballots face a state jail felony, which can be punishable by a minimum of 180 days in jail and fines up to $10,000.
Sean Morales-Doyle, an attorney for the plaintiffs, countered that an explicit threat of prosecution was not necessary because laws are also created to deter specific actions.
I have a friend who is considering going on the signature verification committee/ballot board in her county. She is a lawyer and is worried about this act. This is a good result
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