TX Supreme Court Stops Harris County Clerk From Sending Millions Of Unsolicited Mail-In Ballot Applications
Staff Report
Texas Attorney General, Ken Paxton is the lawyer for the State of Texas and is charged by the Texas Constitution to:
- defend the laws and the Constitution of the State of Texas
- represent the State in litigation
- approve public bond issues
To fulfill these responsibilities, the Office of the Attorney General serves as legal counsel to all boards and agencies of state government, issues legal opinions when requested by the Governor, heads of state agencies, and other officials and agencies as provided by Texas statutes.
The Texas AG sits as an ex-officio member of state committees and commissions and defends challenges to state laws and suits against both state agencies and individual employees of the State.
Many Texans look to the Office of the Attorney General for guidance with disputes and legal issues. The agency receives hundreds of letters, phone calls, and visits each week about crime victims’ compensation, child support, abuse in nursing homes, possible consumer fraud, and other topics.
To find out more about the Texas Attorney General, visit the official website at https://texasattorneygeneral.gov/.
AG Paxton: Texas Supreme Court Stops Harris County Clerk from Sending Millions of Unsolicited Mail-In Ballot Applications
AUSTIN – Yesterday, Attorney General Ken Paxton lauded the Texas Supreme Court for preventing Harris County Clerk Chris Hollins from sending over two million unsolicited mail-in ballot applications to all registered voters in Harris County.
The court entered its order in response to a filing made yesterday by Attorney General Paxton on behalf of the State of Texas seeking emergency relief to prevent Hollins from sending the applications before the State’s lawsuit against Hollins is resolved.
“I strongly commend the Texas Supreme Court for stopping the Harris County Clerk from sending millions of mail-in ballot applications, which would create voter confusion and jeopardize the integrity and security of our elections,” said Attorney General Paxton. “The Harris County Clerk knowingly chose to violate Texas election law and undermine election security. I thank the court for preventing the clerk from proceeding with his unlawful plans while this case continues.”
Read a copy of the order here.
AG Paxton: City of San Antonio Ordered to Lift Ban on Chick-fil-A at International Airport
AUSTIN – Earlier this week, Attorney General Ken Paxton announced that the United States Department of Transportation’s Federal Aviation Administration (FAA) reached an informal resolution with the City of San Antonio regarding its decision to exclude Chick-fil-A from a concession contract based on the religious beliefs associated with that company and its owners.
Last year, on March 28, 2019, Attorney General Paxton requested Secretary of the U.S. Department of Transportation Elaine Chao to open an investigation into the city of San Antonio’s potential violation of federal law and Transportation Department regulations when the city banned Chick-fil-A from operating a restaurant in the San Antonio International Airport based on the company’s religious beliefs.
After discussions with the City of San Antonio, the FAA announced that San Antonio International Airport will offer Chick-fil-A a lease opportunity for space in Terminal A.
“This is a win for religious liberty in Texas and I strongly commend the FAA and the City of San Antonio for reaching this resolution. To exclude a respected vendor based on religious beliefs is the opposite of tolerance and is inconsistent with the Constitution, Texas law, and Texas values,” said Attorney General Paxton. “Our great state deeply values the First Amendment, and I will defend those rights for all who live and work in Texas.”
Read a copy of the letter here.
AG Paxton Files Appeal to Stop Harris County Clerk from Unlawfully Sending Millions of Unsolicited Mail-In Ballot Applications
AUSTIN – Attorney General Ken Paxton filed an appeal with the 14th Court of Appeals in Houston, urging the court to prevent Harris County Clerk Chris Hollins from sending over two million unsolicited mail-in ballot applications to registered voters in Harris County, many of whom do not qualify to vote by mail.
Hollins’s plan to unlawfully send mail-in ballot applications circumvents the careful limits the Constitution places on county officials’ authority and blatantly violates Texas election law.
Harris County is required to respond by 9 a.m. Monday, September 14, and the Office of the Attorney General requested relief be granted no later than 5 p.m. on the same day.
Under Texas election law, mail-in ballots are reserved for a few limited categories of qualified voters who are age 65 and older and voters who are disabled.
The proposed mass mailing would sow confusion because applications would go to all registered voters, regardless of whether they legally qualify to vote a mail ballot and regardless of whether they even want to vote by mail.
Texas law requires the clerk to send applications to voters who specifically request them.
Read a copy of the appeal here.
AG Paxton: Election Fraud Prevention Measures Must be Upheld
AUSTIN – Attorney General Ken Paxton on Friday commended the United States Court of Appeals for the Fifth Circuit for granting an emergency stay defending critical anti-fraud provisions in the Texas Election Code and halting a district court’s order demanding the Texas Secretary of State issue a series of unlawful advisories directing local election officials not to enforce Texas law.
The laws at issue are longstanding common-sense measures that ensure that the voter who submits a mail-in ballot is the same person who applied to vote by mail, thereby preventing the unauthorized and fraudulent use of mail-in ballots.
“I thank the Fifth Circuit for granting this stay and halting the district court’s unlawful order. State election law, as written by the Texas Legislature, must be followed consistently and correctly in order to protect the integrity of our elections and prevent fraud. The district court’s order blatantly violates state law and will do nothing but sow confusion and chaos,” said Attorney General Paxton. “Protecting the integrity and security of elections is one of my top priorities. The unlawful order to violate Texas election law cannot stand.”
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 today’s order here.
Request for Opinion
Official Request Summary RQ-0378-KP
Application of Government Code chapter 573, regarding nepotism, to the candidacy for sheriff of a person who is a brother of the current county judge, and associated questions regarding the county judge’s role as a member of the county commissioners court with respect to budget and election matters involving the sheriff.
Received Date
Wednesday, September 9, 2020
Official Requestor
The Honorable Gary D. Trammel
Stephens County Attorney
100 East Walker
Breckenridge, Texas 76424
Notification of Opinion
Request for Opinion Summary RQ-0340-KP
Whether a city ordinance requiring compliance with certain restrictive covenants before granting a building permit violates chapter 3000 of the Government Code.
Official Opinion Summary KP-0333
An ordinance that conditions receipt of a building permit on architectural control committee approval could conflict with Government Code subsection 3000.002(a)(1) to the extent that the architectural control committee prohibits or limits the use of certain building products or materials approved for use by a national model code.
Notification of Opinion
Official Request Summary RQ-0337-KP
Authority of the Texas Department of Motor Vehicles to title and register three-wheeled, electric, low-speed vehicles
Official Opinion Summary KP-0331
Whether a particular vehicle qualifies as a vehicle regulated by the Transportation Code would depend on particular facts, which cannot be resolved in the opinion process.
Notification of Opinion
Official Request Summary RQ-0338-KP
Authority of a county investigator to carry a firearm in a courtroom.
Official Opinion Summary KP-0332
A court would likely conclude that a prosecuting attorney’s investigator is not prohibited by Penal Code section 46.03 from carrying a firearm into a government court.
