U.S. Supreme Court Denies Texas Democrats’ Bid For Coronavirus Mail-In Vote Expansion

TOPLINE

The U.S. Supreme Court has declined a request by Texas Democrats to allow for an expansion of mail-in voting in the Lone Star state during the Covid-19 pandemic while an appeal moves forward on the constitutionality of Texas’ strict mail-in voting laws, leaving in place a lower court ruling that blocks the expansion for now.

KEY FACTS

Justice Samuel Alito issued the court’s denial of a state Democrat request to let an order by a federal district judge that would allow for an expansion of mail-in voting to come into effect while the case is on appeal. 

In May, U.S. District Judge Fred Biery issued a ruling that voters who wouldn’t typically qualify for mail-in ballots in Texas would be permitted to vote by mail if they were concerned about being infected with Covid-19 if they voted in-person.

But the 5th U.S. Circuit Court of Appeals, based in New Orleans, put a hold on Biery’s call earlier this month while the Republican-controlled Texas state government appealed Biery’s ruling.

With the Supreme Court’s denial, it’s the 5th Circuit’s decision that will hold for now, and the state’s strict rules to qualify for mail-in ballots will be in place for the primary runoff election in just more than two weeks, though early voting begins Monday.

Under Texas state law, only registered voters who are age 65 or older, disabled, ill, in jail or out of the county they’re registered to vote in are qualified to request a mail-in ballot.

KEY BACKGROUND

Mail-in ballots are becoming an increasingly divisive issue. President Donald Trump has consistently railed against an expansion of mail-in voting, saying it would lead to election fraud. Democrats have accused Trump of being more interested in depressing voter turnout. Several states have expanded mail-in balloting to reduce the risk of spreading the coronavirus. On Thursday, Texas set a record for the number of patients being treated for Covid-19 in hospitals for the 14th daily in a row, and a record for most daily new confirmed cases for the third straight day. On Friday, Gov. Greg Abbott rolled back the state’s speedy reopening to close bars and decrease capacity at restaurants after the spike.

WHAT TO WATCH

A separate request from the Texas Democrats for the court to look into their case before the general election in November has been left pending. Justice Sonia Sotomayor wrote that she is hopeful the 5th Circuit will make a decision on the case “well in advance of the November election.” 

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