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Case: 20-50407 Document: 00515441096 Page: 1 Date Filed: 06/04/2020 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 20-50407 June 4, 2020 Lyle W. Cayce Clerk TEXAS DEMOCRATIC PARTY; GILBERTO HINOJOSA; JOSEPH DANIEL CASCINO; SHANDA MARIE SANSING; BRENDA LI GARCIA, Plaintiffs–Appellees, versus GREG ABBOTT, Governor of the State of Texas; RUTH HUGHS, Texas Secretary of State; KEN PAXTON, Texas Attorney General, Defendants–Appellants. Appeal from the United States District Court for the Western District of Texas Before SMITH, COSTA, and HO, Circuit Judges. JERRY E. SMITH, Circuit Judge: The United States is mired in a pandemic involving a virus that can cause serious illness and sometimes death. Local officials are working tirelessly to “shap[e] their response to changing facts on the ground,” knowing that the appropriate response is “subject to reasonable disagreement.” S. Bay

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Texas Democratic Party v. Abbott

Judgment

Question Presented: Whether the COVID-19 pandemic constitutes a disability under Texas law sufficient to modify the vote-by-mail system.

Alleged Acts: The Governor of Texas declared a postponement on the impending elections, permitting guidance on precautionary measures, and extended early voting. The Texas Democratic Party filed suit against the Governor alleging that these actions were not a sufficient remedy or respond to the pandemic.

Procedural history: The lower court granted a preliminary injunction which expanded the ability to vote by mail in the state of Texas. Texas election code widely utilizes the term disability that is generally understood to mean "sickness and physical conditions" that would prevent the voter from exercising their right to vote. The lower court determined that the pandemic harmed the voter's ability to exercise his/her right to vote.

Summary: The Fifth Circuit shifted the analysis to the harm put on the state from expanding the right to vote and that election laws may not be modified near an election. The Texas Supreme Court recently determined that Texas's inability to be immune to COVID-19 was not sufficient to constitute a "disability" under the election code.

Conclusion: The COVID-19 pandemic is not sufficient to constitute a disability under Texas's election code.

Legal Issue(s)

Elections as a Fundamental Right
Health Concerns & Election Administration

Applicable Law(s): Tex. Elec. Code 82.002

Region: Americas

Country: United States of America

Language of Decision

English

Court: Appellate Court

Election Type: General

Date of decision: Jun 4, 2020

Geolocation

Latitude: 30.297525075432308

Longitude: -97.66357920957043

: Geolocation

Primary Documents

Texas v. Abbott.pdf
english
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