Appeals court blocks ruling that reinstated straight-ticket voting.

The 5th Circuit Court of Appeals on Monday temporarily blocked a federal district court judge’s ruling that reinstated straight-ticket voting for the November election.

The administrative stay issued Monday puts thematter on hold while the appellate court considers whether one-punch voting will indeed be in place as early voting starts on Oct. 13. Straight-ticket voting allows voters to select candidates of one party across all races on the ballot by making a single selection.

The 2020 general election was to be the first in Texas in nearly a century with no straight-ticket option, after the Republican-led Legislature passed a 2017 lawto phase it out.

That changed on Friday when a U.S. district judge in Laredo ruled the law unconstitutional, largely because it would increase wait time at the polls during the pandemic.

The ruling had election officials across the state on tenterhooks over the possibility that they might have to restart the process of programming and testing voting machines with just about two weeks left before polling places open. Though not final, the appellate court’ s decision Monday was welcome news for at least one Texas election official.

“Thank God,” said Bexar County election administrator Jacque Callanen. “It was a huge relief to hear this. You can’t in any way, shape or form make a change to the ballot, in any place, and not have to start testing (voting machines) all over again.”

Having to redo all that work could have caused at least a week’s delay to the county’s election preparation schedule, at a time when her staff is already working seven days a week, Callanen said.

Republican Attorney General Ken Paxton, whose office represents Secretary of State Ruth Hughs, commended the appellate court’s decision Monday.

“I will not stand by when the integrity of our election process is threatened,” Paxton said. “The 2020 general election is already underway. Any changes to the process now could jeopardize the fair and accurate administration of the election.”

Bruce Van Spiva, who represents the plaintiffs, did not respond to a request for com

ment.

As Texas’ demographics have changed, Democrats have begun to benefit more from straightticket voting over the past decade. In 2018, more than twothirds of voters used straightticket voting statewide. That year in Harris County, the straight-ticket vote was 77.2 percent of the total vote, and that vote split 55.3 percent for Democratic candidates and 44 percent for Republican candidates.

In her ruling Friday, U.S. Southern District Judge Marina Garcia Marmolejo agreed with the Democratic plaintiffs in their argument that the loss of the voting method would dispropor

tionately harm minorities, who use it more than other groups.

Harris County officials and others across the state have warned that a long ballot would cause voters to take15 minutes or more to make their picks, extending wait times on Election Day.

“By creating mass lines at the polls and increasing the amount of time voters are exposed to COVID-19, HB 25 will cause irreparable injury to plaintiffs and ALL Texas voters in the general election,” wrote Marmolejo, who was appointed by President Barack Obama in 2011.

Just six states continue to use one-punch voting, according to the National Conference of State Legislatures. Regardless, Marmolejo said Texas voters have come to rely on it as part of their voting experience and that eliminating the practice would cause more confusion, not less.

Joseph R. Fishkin, a University of Texas law professor who studies election law, said last week that the state is likely to cite in its appeal the “Purcell principle,” a Supreme Court precedent stating that courts should not change election rules too close to an election to avoid voter confusion and election administration problems.

The New Orleans-based 5th Circuit is widely regarded as one of the most conservative federal appellate courts in the nation, and several Texas Republicans have said they expect the appellate judges to overturn Marmolejo’s ruling.