HOUSTON – The 14th Court of Appeals has concluded that under the circumstances, a temporary order is necessary to preserve the rights of voters seeking to stay at home rather than venture out to vote.
Earlier this month, the Texas Democratic Party filed an emergency motion requesting the court enforce a temporary injunction from a district judge in Austin who ruled that lack of a COVID-19 immunity qualifies as a “disability.”
The appellate court ordered that the temporary injunction remain in effect until appeals are exhausted.
“I am pleased that a panel of judges from the 14th Court of Appeals today ruled that Harris County may allow voters without immunity to COVID-19 to apply for a mail ballot,” said Harris County Attorney Vince Ryan.
Texas Attorney General Ken Paxton had appealed the temporary injunction with the claim that the state would suffer irreparable harm if voters were allowed to claim the “disability.”
“But Paxton is misstating the issue by claiming voters want vote by mail because of ‘fear’ of COVID,” Ryan said. “That’s not what the court ruled and it’s not what Harris County is seeking in our efforts to protect voters’ health and safety.
“The Harris County Attorney’s Office will continue to fight to ensure that voters do not have to risk their health in order to exercise their constitutional right to vote in an election.”