Election Follies

The Texas attorney general sued Harris County on Monday after it refused to drop plans to send applications for mail-in ballots for the November general election to more than 2 million registered voters. https://t.co/NHMj4Ga8C6

— Texas Tribune (@TexasTribune) September 1, 2020

I don't know if the Texas AG is seeking injunctive relief, but he'd better hurry.  Early voting starts in six weeks.

The AG's argument, per this article (I haven't seen the pleadings) is "there is no statute empowering County Clerks to send applications to vote by mail to voters who have not requested such an application."  But here's the Texas Election Code regarding mail-in ballots.  It doesn't specifically "empower" County Clerks or the Secretary of State to provide an application for a mail in ballot on-line.  But the Secretary of State has one.  I know Harris County has one; I used it to apply for my mail-in ballot, which I used in the July primary run-off earlier this year.  So the AG's argument is that it's okay to to what the Legislature didn't "empower" when we don't mind it, but it's not okay when we do.

The difference between an on-line application and one sent to you in the mail, with all the information about how to use it that is required by the Election Code?  Convenience, apparently.  Especially since Harris County is bright blue, and the Texas Secretary of State and AG are both Republicans.

Given how the Texas Supreme Court poured out Paxton last time, I don't think a Harris County judge is going to be that persuaded by the AG's arguments.  Especially since he's making an even weaker version of it this time.