Harris County Attorney Vince Ryan filed a “friend of the court” brief on Monday in the lawsuit seeking to enforce the vote-by-mail ballot option to all voters whose health may be endangered by voting in person and ensure safe and fair elections for all.

“As the largest and most diverse county in the state, and currently stricken by the greatest number of COVID-19 cases and deaths, Harris County has an intense interest in this case and in a resolution to the legal issues surrounding holding an election during a dangerous pandemic so that it may conduct a safe and fair election during both the July primary run-off and the November general election,” said County Attorney Ryan.

Harris County’s brief is now part of the lawsuit filed by the Texas Democratic Party, the Texas League of Women Voters and other non-profit agencies against the Travis County Clerk and the State of Texas. The suit seeks clarification of a Secretary of State opinion on who can vote by mail under the Texas Elections Code. Plaintiffs seek enforcement of the definition of “disability” under the Code as allowing anyone for whom voting in person presents a likelihood of injury to the voter’s health in order to provide a consistent statewide standard for voting by mail.

The Elections Code broadly defines as a “disabled” voter who has a: “. . . sickness or physical condition that prevents the voter from appearing at the polling place on election day without a likelihood of needing personal assistance or of injuring the voter’s health.” (Emphasis added). Plaintiffs argue, and Harris County strongly concurs, that COVID-19 places all voters in the position of contracting a disease that may be fatal or cause severe suffering with long-term health consequences ¾ that is, “injuring the voter’s health” ¾ should they be forced to vote in person. The plain language of that statutory definition does not require a current medical condition but rather includes those whose health may be injured by appearing in person to vote. Consequently, all voters should be free to vote by mail in the July 14 run-off and the November election.

County Attorney Ryan’s brief also points out the difficulties of holding an election requiring that the majority of voters have to vote in person during the COVID-19 pandemic:

-Polling places are often in small, cramped spaces where social distancing is impossible.

-The County would have to avoid holding elections in vulnerable locations such as nursing homes.

-Wide-scale curbside voting is not possible due to the limited number of voting machines enabled for this process, plus curbside voting takes more time.

-Two-thirds of election workers are over the age of 65, one of the vulnerable populations, putting them at risk.

-Acquisition of protective equipment, sanitizers, plexiglass shields and other equipment would require coordinated, statewide efforts.

-Over 83% of Harris County voters are under the age of 65. The vast majority of those younger voters are African American and Hispanic. Research shows minorities may be more greatly impacted by COVID-19 than the general population. Because younger voters are more likely to be minorities in Harris County, the lack of access to vote by mail will have a disparate impact on their access to a safe and fair election.

The County Attorney’s brief says an immediate decision by the court is necessary because of the timeline for setting up the July 14 run-off election as well as planning for the presidential year November general election with its anticipated large turnout.

“Our job is to ensure that we protect the constitutional rights to ballot access and fundamental fairness in the electoral process for Harris County voters,” said County Attorney Ryan. “This includes not having their government make endangering one’s health a condition to exercising the right to vote. Much like ‘flattening the curve’ of the pandemic, a safe and fair election will require flattening the curve of voters congregating in locations where they physically cannot socially distance and allowing everyone the safe alternative of voting by mail ballot.”

Click here to view the amicus brief.