H-E-B’s chief backs county’s mail plan
Charles Butt, the billionaire owner of the San Antonio-based grocery chain H-E-B, sent a letter to the Texas Supreme Court this week, siding with Harris County on its original plan to send mail ballot applications to all registered voters ahead of the November election.
In the letter, Butt argued that Harris County Clerk Chris Hollins’ plan was permissible under the Texas Election Code.
“Clerk Hollins’s efforts to make absentee ballots widely available trusts voters, protecting those who are vulnerable from unnecessary exposure in this new Covid world in which we’re living,” Butt wrote. “It’s always been my impression that the more people who vote, the stronger our democracy will be.”
Hollins first announced plans on Aug. 25 to send the applications to all 2.4 million registered voters in Harris County. The announcement immediately drew pushback from top Texas Republicans, including Gov. Greg Abbott, who claimed that the distribution of the applications would lead to voter fraud.
Several legal battles ensued. On Monday, the Harris County GOP joined a lawsuit asking the Texas Supreme Court to weigh in on the matter. The same day, Texas Attor
ney General Ken Paxton sued Harris County in district court over the plan, asserting that “the Harris County clerk decided to knowingly violate election laws.”
On Tuesday, the clerk said his office would send applications only to registered voters 65 and older. That group automatically qualifies for mail ballots under state law. Hollins said he adjusted the plan pending resolution of the attorney general’s lawsuit.
On Wednesday, the Texas Supreme Court temporarily blocked the county from sending applications to all its voters. The outcome — sending ballots only to those 65 and older — was the same plan Hollins already had announced.
Texas voters are eligible for mail-in ballots if they are at least 65, have a disability or are out of the county or incarcerated during the voting period.
The disability clause has been the subject of debate during the coronavirus pandemic. The Texas Supreme Court in May ruled that while the possibility of contracting the coronavirus alone is not enough to qualify for an absentee ballot, a person could be eligible by weighing the virus’ threat against their medical history.
Harris County’s plan would not automatically distribute ballots to every Texan — only applications, which the voter would then have to fill out and submit. Any voter can request an application for a mail ballot online or even download the form in its entirety from the state’s website.
Because county clerks and elections administrators in Texas lack a duty to vet mail ballot applications, voters effectively are left to decide for themselves whether they qualify. Nathan Hecht, chief justice of the Texas Supreme Court, reiterated that to the Houston Chronicle editorial board last month.
In a separate legal challenge before a federal appeals court this week, Texas Democrats argued that the state is discriminating against most voters by allowing only seniors to request a mail-in ballot without an excuse. They say that election law violates the 26th Amendment, which says the right to vote cannot be denied or abridged.
“Based on our experience at H-E-B, many people, including those of all ages, are nervous about contracting the virus,” Butt wrote. “By extension, in my opinion, many would be anxious about voting in person. Clerk Hollins has reasonably given these voters a chance to guard against perilous exposure in a manner consistent with this Court’s opinion and the Election Code.”
The move was unusual for Butt, who has historically kept a low public profile. Any political statements are usually made through donations — he is a top political contributor during election cycles and a prominent advocate for public education. In 2017, he donated $100 million to establish a new training institute for Texas school principals and superintendents.
Butt’s Wednesday note was submitted as an amicus curiae letter, a “friend of the court” filing that intends to present new insight to the court from someone who is not a party in a case. It is up to the court to consider the letter.