A federal judge ruled that all Texans must be able to apply for an absentee ballot in future elections.
U.S. District Judge Fred Biery sided with the Texas Democratic Party on their injunction that all the state’s voters, regardless of age, apply for absentee ballots during the coronavirus pandemic. Before the ruling, only those over 65 could ask for an absentee ballot because of the virus.
In his ruling, Biery referenced the Declaration of Independence and argued that voters should not have to risk their health to cast their ballots.
“Americans now seek life without fear of pandemic, liberty to choose their leaders in an environment free of disease and the pursuit of happiness without undue restrictions,” Biery said.
“There are some among us who would, if they could, nullify those aspirational ideas to return to the not-so-halcyon and not-so-thrilling days of yesteryear of the Divine Right of kings, trading our birthright as a sovereign people for a modern mess of governing pottage in the hands of a few and forfeiting the vision of America as a shining city upon a hill,” he said.
Biery’s decision expanded the absentee ballot availability to all age groups. The Texas attorney general’s office argued that voting by mail is not secure and should be restricted to those over 64. Biery did not accept that argument, asking, “So what’s the rational basis between 65 and one day less than 65?”
The judge said that evidence of fraud via vote by mail is flimsy.
“The Court finds the Grim Reaper’s scepter of pandemic disease and death is far more serious than an unsupported fear of voter fraud in this sui generis experience,” Biery said. “Indeed, if vote-by-mail fraud is real, logic dictates that all voting should be in person.”
Texas Democratic Party Chair Gilberto Hinojosa celebrated the ruling, stating, “Judge Biery put it best: ‘One’s right to vote should not be elusively based on the whims of nature. Citizens should have the option to choose voting by letter carrier versus voting with disease carriers.’”
“Today is a victory for all Texans. The right to vote is central to our democracy. This ruling means eligible voters can vote by mail during this pandemic. It is time for a few state officers to stop trying to force people to expose themselves to COVID-19 in order to vote,” Hinojosa added. “Our state is better off when more Texans participate in our democracy. Voting by mail is safe, secure, and accessible. It allows more voters to participate, and it’s a common-sense way to run an election, especially during a public health crisis.”
Biery has been a U.S. District Court judge since 1993. He was appointed by President Bill Clinton.
The Texas attorney general’s office will likely appeal the ruling. During its hearing before Biery, the office asked the district court to wait on a ruling in the state courts that would allow vulnerability to the coronavirus classify as a disability under the state’s election code, which would then allow access to absentee voting. That ruling has been put on hold by the Supreme Court of Texas, prompting the district court ruling.
