On February 11, U.S. District Court Judge Xavier Rodriguez, a Bush Jr. appointee, enjoined a new Texas law that makes it a crime for an election official to suggest to anyone that he or she apply for a postal ballot. The penalty is a fine of up to $10,000. Longoria v Paxton, w.d., sa21-cv-1223. Here is the 40-age order. Thanks to Political Wire for this news.
Texas had argued that if elections officials were allowed to suggest voting by mail, that would “confuse” voters. Texas allows no-excuse voting by mail for persons over age 65 and certain other limited classes of voters, such as women who are expected to give birth in the next three weeks.
The plaintiffs apparently did not challenge TEC 276.016(a)(2-4) which was the actual target of the law which was the mass mailing of applications to voters.
By soliciting applications before the primaries, the county election official is not acting in a non-partisan manner, and may cause voters to forfeit their right to participate in minor party conventions or sign independent petitions.
Good. Less chance for the Democrats to rig an election.
The law is good, the injunction against it is bad. But the injunction won’t hold up on appeal. The Democrats like the injunction.
Public officials should only be punished for giving wrong advice, like the IRS does. Not for giving accurate advice; that’s part of their duty as public officials.
This is not about giving advice. They should not be promoting some parties over others.
@JR:
The suggestion by an election official to a voter to apply for a postal ballot does not, in an of itself, imply support for any particular candidate.
@WZ,
In Texas, when an election administrator encourages a voter to vote in a primary, they are effectively discouraging their participation in the convention of the Libertarian or Green parties, or signing an independent petition.