Injunction Against Abbott Lifted

The federal court preliminary injunction barring Greg Abbott from prosecuting individuals found in possession of the mail-in ballot of another, but with the consent of that voter, has been lifted. The case was brought by the Democratic Party and other Texans, arguing that the law was overbroad and that Abbott was overzealously prosecuting people who were simply taking ballots to the post office for the elderly. Abbott contends he is cracking down on voter fraud by strictly enforcing the 2003 law.

In a concurring opinion, Judge James L. Dennis wrote:

"It is difficult for me to say that the district court abused its discretion in its carefully drawn preliminary injunction of what appears to be the state's overly broad criminalization of conduct intended to assist disabled voters and its resulting disqualification of disabled voters' mail-in ballots. On the other hand, the statutory provision at issue does not totally deny [any] class of persons the opportunity to vote; it only threatens to disqualify, after the fact, the mail-in ballots of disabled voters on a pretextual basis and without a showing of fraud or mishandling. Consequently, at this point the scope of disenfranchisement and interference with protected political activities that the ballot chain of custody requirement may produce, as well as the scope of the fraudulent practices that allegedly justify that requirement, are somewhat speculative." Dennis then cited the precedent case of Purcell v. Gonzalez: "Allowing the election to proceed without enjoining the statutory provisions at issue will provide the courts with a better record on which to judge their constitutionality. ... Given the importance of the constitutional issues, [this panel] wisely takes action that will enhance the likelihood that they will be resolved correctly on the basis of historical facts rather than speculation."

“Because the federal Court of Appeals has unanimously lifted the district court's injunction, Texans can rest assured that the integrity of our elections will be protected," Solicitor General Ted Cruz said. "The Office of the Attorney General remains fully committed to enforcing state voter fraud laws and will continue protecting everyone's right to vote.”