HOUSTON - Harris County Attorney Vince Ryan supports the County Clerk’s request for additional funding for vote by mail efforts, citing a recent court ruling amid public health concerns.
County Clerk Diane Trautman is asking the Commissioners Court for additional funding for an expected increase in the number of mail ballots that will likely be requested for the July 14 state primary runoffs and the November general election and the need for personal protective equipment (PPE) for a safe election. (Her request is item “f” under the COVID-19 section of Tuesday’s Commissioners’ agenda.)
Ryan had filed a “friend of the court brief” supporting a lawsuit before a Travis County state district court judge that sought a legal interpretation on the question of whether the danger of contracting COVID-19 is a legitimate reason for a voter to request a mail ballot. The judge found that the state Election Code clearly allows for any voter at risk for contracting COVID-19 to vote by mail because voting in person creates a “likelihood” of “injuring the voter’s health,” meeting the legal definition of “disability” under Texas election laws.
“As we stated in our brief, COVID-19 is a dangerous pandemic and citizens should not have to put their lives in danger to exercise their right to vote,” said County Attorney Ryan. “We applaud the Clerk’s efforts to prepare for an increase in mail voting and assure the Commissioners that the Travis County court is the only authoritative legal ruling for the County and the elections department use to conduct safe, secure and accessible elections.”
Trautman’s request looks at three scenarios of expanding the mail program based on processing 2 million, 1.2 million, and 700,000 mail voters. The Clerk estimates this vote by mail expansion will require an additional $12 million for 2 million voters, $8 million for 1.2 million voters, and $3 million for 700,000 voters.
Ryan also explains time is of the essence. As the court pointed out, the deadline for printing ballots and preparing for the election is coming up—May 1 for the July runoff. While the State of Texas has appealed the judge’s decision, because of requirements for filing records and legal briefs, it is unlikely an appeals court ruling will be made before that deadline.
“Our job is to ensure that we protect the constitutional rights to ballot access and fundamental fairness in the electoral process for Harris County voters,” said County Attorney Ryan. “This includes not having their government make endangering one’s health a condition to exercising the right to vote. Much like ‘flattening the curve’ of the pandemic, a safe and fair election will require ‘flattening the curve’ of voters congregating in locations where they physically cannot socially distance and allowing everyone the safe alternative of voting by mail ballot.”
In addition to anticipating more mail ballots, County Clerk Trautman is working to ensure a successful election with the following activities:
- Engage in a robust Voter Outreach campaign
- Collaborate with Harris County Public Health officials and other stakeholders
- Encourage eligible voters to vote by mail
- Expand vote by mail infrastructure
- Request policy changes
- Provide multiple formats to request vote by mail
- Use larger polling locations
- Avoid using vulnerable polling places such as senior community centers
- Spread out voters in the voting room and in the lines
- Limit people in the voting room
- Sanitize everything a voter touches
- Hold virtual meetings and training
- Recruit poll workers who are not at risk
- Procure and equip poll workers with necessary PPE