On Friday night, a Texas judge stopped a part of a new state electoral law. It would have criminalized soliciting mail-in votes. He said it was against freedom speech.
Federal District Judge Xavier Rodriguez from San Antonio ruled that Harris County officials were entitled to free speech in order to inform voters about mailin voting.
Three days before the start of early voting for the March 1st statewide primary, the judge made his decision.
According to the Dallas Morning News, the controversial SB 1 was created in response to an official from Harris County who attempted to mail absentee voter applications out to all county voters.
Isabel Longoria (elections administrator in Harris County) and volunteer deputy registrar Cathy Morgan (Trinity and Williamson counties) brought the lawsuit.
Longoria stated in court that she felt intimidated by the threat of a $10,000 penalty or possible jail time and was unable to speak freely to voters about the right to request a postal ballot.
“I sometimes stop mid-sentence at these town halls to say “The law prohibits me from saying more.” She told the court that if you have any questions, good luck and don’t hesitate to call us.
Texas Attorney General Ken Paxton’s Office had claimed that the state could regulate the information county officials send to voters about absentee votes. However, the judge deemed the argument “unavailing” because the plaintiffs are not state employees.
Rodriguez stated that the State claims it has the right to regulate Longoria’s and Morgan’s official communications because they are their employers is utterly false.
Rest of the law is still in force. Separately, Texas is being sued by the U.S. Department of Justice over a portion of SB 1 which requires identification for mail-in ballots.
Paxton’s office didn’t immediately respond to the request or indicate if they planned to appeal.
According to the newspaper, March will be SB 1’s first statewide testing.
Texas does not have absentee voting without an excuse. The eligible voters include those over 65, those with disabilities or who are pregnant within the next three weeks. Voters also have the option to vote in absentee or early voting.
