HOUSTON - Harris County Attorney Vince Ryan has joined officials from four other counties in a brief filed with the Supreme Court explaining that voters should not have to risk their health in order to exercise their constitutional right to vote in an election.
Texas voters deserve a safe and fair election, a press release states. County election administrators are working hard to ensure the July 14 primary run-off and the November general election are conducted without regard to partisanship or political posturing. Instead, all government officials should be working together to control the COVID-19 pandemic and ensure the safest election conditions possible.
Ryan has joined with Cameron, El Paso, Dallas, and Travis Counties in filing responses today in the Texas Supreme Court opposing the Attorney General’s attempt to overturn a state district court judge’s order on Texans’ rights to vote by mail. Texas election law lists “disability” as a legal reason to request a mail ballot and defines “disability” as a “physical condition” that creates a “likelihood . . . of injuring a voter’s health” should the citizen vote in person. Judge Tim Sulak of Travis County recently ruled that the definition of “physical condition” includes the lack of immunity to COVID-19. Based on that reasoning, Judge Sulak held that voters who lack immunity may check “disability” when requesting a mail ballot to avoid exposure to the virus while voting in person. County election officials have neither the discretion nor the authority to question the voter about the nature of their health care concern, and must send the voter a mail ballot under Texas law once the application meets the statutory requirement. Judge Sulak’s decision has been appealed by AG Paxton to the Fourteenth Court of Appeals. And on Friday, at AG Paxton’s urging, the Supreme Court stayed Judge Sulak’s order pending its review of the matter.
AG Paxton’s filing with the Texas Supreme Court accuses local election officials of “lawless conduct.” The opposite is true. The counties have and continue to strive to follow state law and to respect the voting rights of all Texans.
The counties will continue to prepare for a safe election and inform voters of any judicial decisions regarding voting.
County election officials have neither the power nor the resources to investigate voters. Voters should be taken at their word when they check a box indicating a basis to vote by mail, whether that be a “disability” or being “absent” from the county.
According to the press release, it is not the government’s place to second guess voters’ decisions to safeguard their health, the health of their families, and the health of those working the polls. County Clerks should not be demanding personal medical information from voters as a condition to voting at all, much less for voting safely.