Case: 20-50407
Document: 00515441096
Page: 6
Date Filed: 06/04/2020
No. 20-50407
voters without any conceivably “rational basis” or “any legitimate or reasonable [state] interest,” evincing only that “older voters [are] valued more than
[their] fellow citizens of younger age.”
Regarding the vagueness claims, the court noted—without waiting
(predictably for only a few days) for the Texas Supreme Court to interpret its
own state’s election law—that “[t]he multiple constructions of [the Texas
Election Code] by [General] Paxton and the state court fail to provide people of
ordinary intelligence a reasonable opportunity to understand if they are
unqualified to access a mail ballot.”
Finally, the court concluded that General Paxton’s statements publicly
disagreeing with the Texas lower courts and accordingly informing election
officials likely constituted voter intimidation and an unconstitutional restriction of the plaintiffs’ political speech.
Regarding the balance of harms, the district court “conclude[d] that any
harm to [the state officials] [wa]s outweighed by the continued injury to Plaintiffs if an injunction d[id] not issue.” The injunction did not harm the state
officials at all: “No harm occurs when the State permits all registered, legal
voters the right to vote by utilizing the existing, safe method that the State
already allows for voters over the age of 65.” According to the district court,
the fact that “[b]etween 2005 [and] 2018”—when, of course, far fewer than literally all Texas voters were eligible to vote by mail—“there were 73 prosecutions out of millions of votes cast” indicates not that voter fraud is difficult to
detect and prosecute but instead that “vote by mail fraud is [not] real.” And,
in any event, because maintaining safety while vindicating constitutional
rights is within the public interest, it is, according to the district court, also
within the public interest “to prevent [Texas] from violating the requirements
of federal law.”
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