AUSTIN – Attorney General Ken Paxton commended the United States Court of Appeals for the Fifth Circuit for granting a stay that preserves critical anti-fraud provisions in the Texas Election Code, Oct. 19, 2020. The stay halts a district court order that demanded the Texas Secretary of State issue unlawful advisories directing local election officials to forego their duty to ensure that the voter who submits a mail-in ballot is the same person who applied to vote by mail.
“The Fifth Circuit correctly recognized that the district court’s order rewriting Texas election law on the eve of an election is impermissible. I commend the Fifth Circuit for putting on hold this unjustified injunction while our appeal plays out. I will continue to defend the integrity of Texas elections and combat voter fraud,” said Attorney General Paxton.
To prevent fraud, Texas election law generally requires all voters to vote by personal appearance at a polling place, with specific protections for distinct groups, such as the elderly or disabled, to cast their ballots by mail. Texans who wish to vote by mail must first submit an application for a mail-in ballot. If the application is approved, the voter must then mail the completed ballot along with a certificate signed by the voter certifying that the ballot is their own. Local officials are required to verify that the ballot was lawfully submitted by the voter by comparing signatures on the ballot and certificate and notify the voter if the ballot is not accepted.
Read a copy of the order here.