AUSTIN, TX – As early voting begins on Tuesday, the U.S. Fifth Circuit Court of Appeals ruled late Monday evening that all Texas counties will have only one place to drop off mail-in ballots.
The panel consisting of three judges, all former President Donald Trump appointees, sided with Gov. Abbott and upheld his Oct. 1 proclamation that previously shut down all but one drop-off site in each Texas county.
The governor says it was aimed at providing security against potential voter fraud, although many opponents of his policy, including the national media say it’s, "voter suppression, plain and simple."
Overall, the panel claims the governor’s policy actually expanded absentee and mail-in voting options for all Texans after the governor extended the early voting period by an additional six days, and allowing citizens to drop off mail-in ballots at any point on or before Election Day.
To view the entire appeals court decision click here.
However, Abbott quickly refused the Democrat's request to allow all registered voters in the state to get absentee ballots, something many county clerks and public health officials say would have been the safest option for Texas voters during the pandemic.
Pictured: Long lines for early voting in Tom Green County
The Fifth Circuit Court of Appeals said the governor’s order “refines” where people can drop off ballots but does not directly restrict citizens voting rights.
Even with the panels decision to uphold the proclamation, Judge James C. Ho sharply criticized Gov. Abbott in his concurring opinion claiming that the governor should have left the decision up to the state legislature to make election changes, including the July 27 proclamation that expanded early voting from 11 days to 17.
“Under the Constitution, it is the state legislature, not the governor or federal judges that is authorized to establish the rules that govern the election of each state’s Presidential electors, U.S. Senators, and U.S. Representatives,” Judge Ho expressed.
“So the Governor’s actions in this case should trouble you regardless of whether you agree or disagree with any of his actions as a policy matter,” Ho added.
Recently, many groups have filed a lawsuit after the governors Oct. 1 proclamation, in order to restore the counties’ ability to have multiple drop-off sites for its citizens. U.S. District Court Judge Robert Pitman agreed and overturned the decision, only to have Texas Attorney General Ken Paxton file an emergency stay on the same decision in order to let the Fifth Circuit Court of Appeals weigh in on the case.
The Republican Party of Texas, among many others also filed lawsuits against Gov. Abbott's July 27 proclamation. However, the Texas Supreme Court upheld the governors proclamation on Oct. 7 since the election process was already underway, also noting that the lawsuit challenging it came nearly 10 weeks after the proclamation was first issued.
On Monday Gov. Abbott responded to criticism via Twitter following the appeals court decision, claiming that critics of the proclamation were “completely clueless.”
Abbott went on to say, "The Federal Court of Appeals upholds my proclamation about mail-in ballots saying that it actually expanded access to voting by allowing drop-offs before election day."
"Critics were clearly clueless about the legality of my action & simply voiced prejudicial political opinions."
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