HOUSTON – On Friday, Attorney General Ken Paxton filed an appeal with the 14th Court of Appeals in Houston, urging the court to prevent Harris County Clerk Chris Hollins from sending more than two million unsolicited mail-in ballot applications to registered voters in Harris County, many of whom do not qualify to vote by mail.
Paxton asserts Hollins’s plan to unlawfully send mail-in ballot applications circumvents the careful limits the Constitution places on county officials’ authority and blatantly violates Texas election law.
On Monday, the 14th Court declined to rule on the state’s emergency motion in light of a Rule 11 agreement between the parties.
The agreement prohibits Hollins from sending applications to vote by mail to registered voters under the age of 65 who have not requested them until five days after a ruling on the temporary injunction in the underlying matter.
By order of the Supreme Court of Texas, Hollins is prohibited from taking his proposed course of action until Thursday.
Under Texas election law, mail-in ballots are reserved for a few limited categories of qualified voters who are age 65 and older and voters who are disabled.
Paxton argues the proposed mass mailing would sow confusion because applications would go to all registered voters, regardless of whether they legally qualify to vote a mail ballot and regardless of whether they even want to vote by mail.
Texas law requires the clerk to send applications to voters who specifically request them.
The case will be submitted on briefs on Sept. 16.