SCOTX Bounces Bum Legal Arguments
An unmerited expansion of mail-in balloting by judicial order was dealt a blow yesterday.
The Texas Supreme Court issued an opinion (four actually) contradicting a lower court ruling expanding mail-in balloting beyond the five classes of voters to which it has long been confined.
Importantly, the court nixed two arguments deployed by liberals during the pandemic to notch policy victories they’ve been unable to accomplish via legislation.
First, and this was one abandoned by the left before the ruling, is that fear qualifies as a disability that allows a voter to receive a mail-in ballot. Heads up, fake prescriptions should be torn up and tossed.
Second, and more important moving forward, a lack of immunity is not a disability.
Hot takes from “experts” grasping for a silver lining (1 | 2 | 3) landed on county election administrators having broad authority to accept applications and not investigate the veracity of disability claims.
While it’s nice greater attention is being paid to the broken mechanics of Texas election administration, it’s exposing ignorance.
Election officials have the same latitude they’ve always had to accept applications and law enforcement officials including District Attorneys and the Attorney General have the same broad investigative powers to locate and prosecute Texans who break the law.
Yesterday’s opinion didn’t alter election operations, low-level harvesters have known this for years, it’s why election administrator’s have called for clarity and harsher penalties for mail-in balloting fraud.
“We agree with the State that a voter’s lack of immunity to COVID-19, without more, is not a “disability” as defined by the Election Code.”SCOTX – NO. 20-0394
The Supreme Court affirmed that a voter must have a sickness or physical condition that prevents voting at the polling place on election day without needing help or injuring the voter’s health.
Social media warriors and “experts” suggesting an opportunity for voter disability self-assessment was created by yesterday’s opinion are incorrect. As is the case with election administrators still being empowered to collect applications, voters have always been able to determine if they are physically disabled and qualify.
To the extent that disability is abused as a reason to vote by mail, it can be investigated and prosecuted. Elections where this type of behavior has taken place and been discovered, have been overturned.
A separate yet similar case is making its way through the federal court system. After receiving two predictable favorable rulings from lower courts, it’s anticipated that the 5th Circuit Court of Appeals will issue an adverse ruling.
Critiques of Texas’ mail-in balloting allowance by the left aren’t timely. They’ve been the same for years. The fact that Democrats are working to throw confusion onto who is and isn’t’ eligible months out from a presidential election is an indicator of the scam.
Setting potential fraud aside, forcing Texas into universal mail-in balloting five months out from an election is an invitation for disaster in the administration of the upcoming election.
The federal relief leftists are now clamoring for (if it’s ultimately decided in their favor) would be a circumvention of the separation of powers and usurpation of the will of the electorate.
Texas Election Code needs to be updated to protect against abusive opportunistic litigation currently being deployed.