Texas AG Appeals Ruling Allowing Mail-In Voting

AUSTIN, TX — Texas Attorney General Ken Paxton filed an appeal on Wednesday in opposing a federal court ruling allowing residents to cast votes via mail-in ballots — a move he insists is "unlawful" — as people adhere to physical distancing provisions to prevent illness spread.

District Judge Fred Biery on Tuesday granted a preliminary injunction allowing all registered voters to apply to vote by mail during the coronavirus pandemic. The San Antonio-based federal judge rendered the ruling after finding the state's existing election rules violate the Equal Protection Clause.

Those who had fought for the ruling said voters would face irreparable harm if existing age eligibility rules for voting by mail remain in place for elections taking place amid coronavirus, as the Texas Tribune reported. Under the judge's order, voters under the age of 65 who would ordinarily not qualify for mail-in ballots would now be eligible.

Previous coverage: Coronavirus: Texas Attorney General Seeks To Block Mail-In Voting

Paxton indicated he would appeal if the ruling were handed down, and made good on the vow on Wednesday. "AG Paxton Files Appeal Urging the Fifth Circuit to Block Unlawful Expansion of Mail-In Voting," read his announcement alerting to his appeal.

Explaining his opposition, Paxton said the ruling "...allows anyone to vote by mail using protections specifically created to aid those with a true disability or illness that renders them incapable of voting in-person."

He added: “Mail-in ballots are vulnerable to fraud. Two-thirds of all election fraud cases prosecuted by my office involve mail ballot fraud, also known as ‘vote harvesting.’ Allowing widespread mail-in ballots will lead to greater fraud and disenfranchise lawful voters.”

Paxton noted Gov. Greg Abbott already has made certain corona-virus accommodations, including a temporary order expanding the early voting period for the July elections. In addition, local election officials have many other mechanisms available to them to ensure safe and fair elections, including sanitizing voting machines and areas and implementing social distancing.

Read a copy of the appeal here.