Court allows dropoff ballot limits to remain
The 5th Circuit Court of Appeals late Saturday granted an emergency motion for a stay requested by the Texas attorney general, less than 24 hours after a federal judge had said Gov. Greg Abbott’s order limiting counties to just one ballot dropoff location was unconstitutional.
The court will still need to decide whether it will grant a longer-lasting stay, which would be in effect until the end of the appeal.
“I commend the Fifth Circuit for temporarily staying the district court’s unlawful injunction while it considers our request for a full stay pending appeal,” Attorney General Ken Paxton said in a statement Saturday night. “This ensures that the Governor’s Proclamation remains in effect.”
But Austin District Judge Robert Pitman ruled on Friday that Abbott’s Oct. 1 proclamation came too late, after officials already started mailing absentee ballots and some counties, such as Harris and Travis, had planned for multiple dropoff sites.
Bexar County had not planned for multiple sites. It has just one dropoff location, at the county elections office.
Abbott had said he made the decision to protect against voter fraud, though he offered no evidence and experts have said it is highly unlikely. Harris and Travis counties had opted to open additional sites to make voting safer and more convenient amid the pandemic.
In the 46-page order released Friday, Pitman cited Supreme Court precedent that says election law should not be changed too near an election to eliminate voter confusion and complications for election officials.
“Even without declaratory evidence, it is apparent that closing ballot return centers at the last minute would cause confusion, especially when those centers were deemed safe, authorized, and, in fact, advertised as a convenient option just months ago,” Pitman wrote.
The ruling, pending the AG motion, would allow Harris County to reopen 11 mail ballot dropoff sites, and Travis County to reopen three.
THE FINE PRINT
Change your mind? Go to the polling site (bring your ballot and the envelope it came in if you have it) and ask the poll worker to cancel your mail ballot. Then vote as you would regularly. If someone helps you fill out the form, they are required by law to sign the affirmation statement on the ballot.
If the ballot is delivered to the election office, it must be in a sealed envelope and only the voter or the person who helped fill it out can deliver it. Poll workers will check the ID of the person delivering it so an acceptable form of photo ID will be needed. For more information, go to votetexas.gov and select Voter ID. Contact the local election administrator to track your ballot. Texas residents who are mailing their ballots from outside the U.S. can track their ballots at votetexas.gov/military-overseas-voters/.
VOTE IN PERSON
Early voting
When: Oct. 13-30; polls will be open from noon to 6 p.m. on Sundays; the rest of the week, they will open at 8 a.m. with closing hours set for 6 p.m. the first week, 8 p.m. the second week and 10 p.m. the last week.
Where: Bexar will have nearly 50 early voting sites, including megacenters at AT&T Center, Alzafar Shrine Auditorium and the Palo Alto College. Voters can go to any site. For a list of locations, go to bexar.org/elections.
Election Day
7 a.m. to 7 p.m.; list of voting centers, including megacenters, will be available at bexar.org/elections.
WHAT YOU NEED TO BRING
One of seven acceptable forms of photo ID such as a Texas driver’s license. For more information, go to votetexas.gov and select Voter ID.
Voter registration card recommended but not required.
COVID-19
Texas exempts poll workers and voters from wearing masks, although the Bexar elections department advises voters to wear masks.
Early voting extended a week and hours added to encourage social distancing.
Megacenters added in effort to provide space for social distancing. Some sites adding plexiglass at voting center check-ins and other areas with face-to-face contact and daily screening of poll workers. Sanitizing protocols also are being put in place by some election officials.