Harris County Attorney Vince Ryan
Harris County Attorney Vince Ryan on Monday, May 11, asked an appeals court for an order clarifying that the county can proceed with vote by mail applications for the July 14 primary runoff as the matter continues to move through the court system.
Travis County State District Court Judge Tim Sulak issued an order on April 17 allowing citizens to request a vote by mail ballot based on “disability,” one of the allowable reasons to request a mail ballot, as a result of the COVID-19 pandemic. Sulak’s order also prevents the state from “taking actions” to prevent county elections officials from accepting and counting mail-in ballots from those voters.
Texas Attorney General Ken Paxton has appealed that decision and claims the appeal automatically prevents Sulak’s ruling t from being enforced. But Ryan disagrees and is asking the appellate court to issue an order stating the trial court’s order stands pending appeal, and that such mail ballot applications can be accepted.
“The order from Judge Sulak was very clear in stating that counties can proceed with accepting
mail ballot requests,” Ryan said. “Unfortunately, the attorney general’s press statements and refusal in accepting the trial court’s preliminary injunction have injected additional uncertainty into the process.”
Ryan’s brief points out that preparations for the July 14 runoff are underway now and that vote by mail applications have increased, with a number of persons filing applications for the runoff who did not vote by mail in the primary. In addition, the county has received a larger number of
applications stating “disability” as the reason for the mail ballot.
Ryan also points out that polling by Prof. Robert M. Stein of Rice University shows that two-thirds of those he recently surveyed say they are very or somewhat likely to vote by mail if they can, regardless of age, race, gender or party affiliation. Other polling shows some voters may not vote at all without access to mail-in voting because of the pandemic.
“What concerns me about the polling is that 9 percent of Texans surveyed stated if they cannot vote by mail and are only eligible to vote in person in the July 14 run-off, they do not plan to vote at all,” said Ryan. “While [Paxton] as a political actor may wish to suppress the vote and keep those citizens who are unwilling to risk their lives and health from voting, such a goal is unconstitutional.”
So, Ryan is asking the Appeals Court to immediately issue a temporary order clarifying that the trial court judge’s order, which entitles any citizen without immunity to coronavirus to vote by mail remains in effect for the duration of the appeal and that those mail ballot applications that specify “disability” will be valid and counted in the runoff.
“The safety of Harris County voters and election workers depends on it,” Ryan said.
Two Dallas County voting rights activists on Monday filed a complaint with Dallas County District Attorney John Creuzot charging Paxton with election fraud in connection with the attorney general’s letter to all 254 counties earlier this year warning against allowing expanded mail-in voting.
— Tammye Nash
