District Judge Fred Biery granted a preliminary injunction that allows all registered voters to apply to vote by mail during the coronavirus pandemic after finding the state’s existing election rules violate the Equal Protection Clause.
A federal judge opened a path for a massive expansion in absentee voting in Texas by ordering Tuesday that all state voters, regardless of age, qualify for mail-in ballots during the coronavirus pandemic.
Days after a two-hour preliminary injunction hearing in San Antonio, U.S. District Judge Fred Biery agreed with individual Texas voters and the Texas Democratic Party that voters would face irreparable harm if existing age eligibility rules for voting by mail remain in place for elections held while the coronavirus remains in wide circulation.
Biery’s ruling covers Texas voters “who seek to vote by mail to avoid transmission of the virus.”
In the federal lawsuit, the Texas Democrats argued that holding traditional elections under the circumstances brought on by the coronavirus pandemic would impose unconstitutional and illegal burdens on voters unless state law was clarified to expand who can qualify to vote by mail.
