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Texas
Related: About this forumTexas ban on encouraging mail-in votes likely unconstitutional, judge rules
Yeah for Christian and Harris County
Link to tweet
SAN ANTONIO A new Texas law that keeps local election officials from encouraging voters to request mail-in ballots likely violates the First Amendment, a federal judge ruled late Friday.
Following a testy three-hour hearing earlier in the day, Federal District Judge Xavier Rodriguez temporarily blocked the state from enforcing the rule against Harris Countys election administrator until the rest of a lawsuit plays out. Although the scope of Rodriguezs preliminary injunction is limited, the judge dealt the first legal blow to new elections restrictions and voting changes Republican lawmakers enacted last year.
The injunction applies to Texas Attorney General Ken Paxton and local county prosecutors in Harris, Travis and Williamson counties.....
They also repeatedly argued Longoria and Morgan could not prove they were facing an explicit threat of prosecution to justify the preliminary injunction. Under Senate Bill 1, officials who violate the prohibition on soliciting mail-in ballots face a state jail felony, which can be punishable by a minimum of 180 days in jail and fines up to $10,000.
Sean Morales-Doyle, an attorney for the plaintiffs, countered that an explicit threat of prosecution was not necessary because laws are also created to deter specific actions.
Following a testy three-hour hearing earlier in the day, Federal District Judge Xavier Rodriguez temporarily blocked the state from enforcing the rule against Harris Countys election administrator until the rest of a lawsuit plays out. Although the scope of Rodriguezs preliminary injunction is limited, the judge dealt the first legal blow to new elections restrictions and voting changes Republican lawmakers enacted last year.
The injunction applies to Texas Attorney General Ken Paxton and local county prosecutors in Harris, Travis and Williamson counties.....
They also repeatedly argued Longoria and Morgan could not prove they were facing an explicit threat of prosecution to justify the preliminary injunction. Under Senate Bill 1, officials who violate the prohibition on soliciting mail-in ballots face a state jail felony, which can be punishable by a minimum of 180 days in jail and fines up to $10,000.
Sean Morales-Doyle, an attorney for the plaintiffs, countered that an explicit threat of prosecution was not necessary because laws are also created to deter specific actions.
I have a friend who is considering going on the signature verification committee/ballot board in her county. She is a lawyer and is worried about this act. This is a good result
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Texas ban on encouraging mail-in votes likely unconstitutional, judge rules (Original Post)
LetMyPeopleVote
Feb 2022
OP
A small, but important victory in our fight for voter rights and ballot access.
LetMyPeopleVote
Feb 2022
#1
LetMyPeopleVote
(145,554 posts)1. A small, but important victory in our fight for voter rights and ballot access.
walkingman
(7,660 posts)2. Just looked at my mail-in ballot envelope and it reminded me
that I live in the State with the worst State Government in the entire US. Texas Sucks but I'm still hoping it changes before I die.
LetMyPeopleVote
(145,554 posts)3. Warning-you need extra postage for Texas mailed in ballots
I got an email from the state party on this
walkingman
(7,660 posts)4. Thanks!!