Elections 2020JudicialCourt Rules Against Texas Democrats’ Mail-in Ballot Challenge, Sends to Lower Court for Review

Expanded mail-in voting hit a roadblock after the Fifth Circuit Court voided a previous order commanding its implementation. It will be reviewed further by a lower court.
September 10, 2020
In a blow to the push for expanded mail-in voting, the U.S. Fifth Circuit Court vacated and remanded the lower court’s previous order declaring the 26th Amendment requires the expansion. They further sent the case back down to the lower court to be more thoroughly evaluated.

After the district court’s order, the decision was appealed to the Fifth Circuit which stayed the injunction pending review.

The Texas Democratic Party (TDP) stated of the decision, “The Fifth Circuit Court of Appeals has ruled on several important legal issues and sent the case back to the district court for additional proceedings. The Texas Democratic Party will continue to fight in the district court for every Texan to have an equal right to vote, regardless of their age.”

Texas Attorney General Ken Paxton said, “I am pleased that the Fifth Circuit correctly upheld Texas’s vote-by-mail laws, and I commend the court for concluding that Texas’s decision to allow elderly voters to vote by mail does not violate the 26th Amendment. We will continue to protect the integrity of Texas elections and uphold the rule of law.”

This suit was one of two filed by the TDP to expand mail-in voting, with the other being rejected by the Supreme Court of Texas.


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Brad Johnson

Brad Johnson is a senior reporter for The Texan and an Ohio native who graduated from the University of Cincinnati in 2017. He is an avid sports fan who most enjoys watching his favorite teams continue their title drought throughout his cognizant lifetime. In his free time, you may find Brad quoting Monty Python productions and trying to calculate the airspeed velocity of an unladen swallow.