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Constitutional Rights and the Public’s Health

Texas League of United Latin American Citizens, et al. v. Hughs

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Overview

Texas League of United Latin American Citizens, et al. v. Hughs (U.S. Court of Appeals, Fifth Circuit, October 12, 2020): The 5th Circuit upheld the Texas Governor’s proclamation allowing only one ballot drop box per county where voters can hand deliver their absentee ballots. The court accepted the Governor’s rationale that multiple ballot delivery locations “threatened election uniformity and security” and rejected voters’ contention that the one-location-per-county policy restricted their absentee voting options. Rather, because pre-COVID election rules allowed hand delivery of ballots only on election day, while the Governor’s new rules allow for hand delivery for forty extra days leading up to election day (albeit to one location per county), the court found that the Governor’s policy “still gives Texas absentee voters many ways to cast their ballots…these methods for remote voting outstrip what Texas law previously permitted in a pre-COVID world.” Read the full opinion here.  

View all cases in the Judicial Trends in Public Health – November 16, 2020.

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