UPDATE: Texas Attorney General Receives Temporary Stay of Appeal


Attorney General Ken Paxton gave this statement after the United States Fifth Circuit Court of Appeals granted a temporary stay, halting a district court order that purported to override Governor Greg Abbott’s proclamation regarding mail-in ballots and threatens election integrity. The Attorney General comments:

“I commend the Fifth Circuit for temporarily staying the district court’s unlawful injunction while it considers our request for a full stay pending appeal. This ensures that the Governor’s Proclamation remains in effect.”

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Background information from the AG's office previous press release:

From a Texas Attorney General's Office Press Release

On October 1, Governor Abbott issued a proclamation allowing voters who are eligible to vote by mail to hand-deliver their marked ballots to a designated county office at any time over the course of several weeks leading up to Election Day. The proclamation enhances ballot security by requiring those eligible voters who choose to hand-deliver their ballots to go to a single early voting clerk’s office as publicly designated by a county’s early voting clerk. However, yesterday, a district court issued an injunction overriding Governor Abbott’s decision and requiring county officials to accept hand-delivery of mail-in ballots at any county annex or satellite office, not just a single designated office, even though these annexes and satellite offices have variable security measures and inconsistent practices to ensure the integrity of each ballot delivered.

 Attorney General Ken Paxton today filed an emergency motion for stay pending appeal in the U.S. Court of Appeals for the Fifth Circuit to block an unlawful district court order that creates confusion on the eve of an election and threatens the integrity of the election. On October 1, Governor Abbott issued a proclamation allowing voters who are eligible to vote by mail to hand-deliver their marked ballots to a designated county office at any time over the course of several weeks leading up to Election Day. The proclamation enhances ballot security by requiring those eligible voters who choose to hand-deliver their ballots to go to a single early voting clerk’s office as publicly designated by a county’s early voting clerk. However, yesterday, a district court issued an injunction overriding Governor Abbott’s decision and requiring county officials to accept hand-delivery of mail-in ballots at any county annex or satellite office, not just a single designated office, even though these annexes and satellite offices have variable security measures and inconsistent practices to ensure the integrity of each ballot delivered.

“The district court’s order undermines our election security, disrupts the democratic process, and will only lead to voter confusion. It cannot stand,” said Attorney General Paxton. “Mail-in ballots are particularly vulnerable to fraud. Protections that ensure their security must be upheld and my office will continue to fight for safe, free and fair elections.”

Voters Across The Country Head To The Polls For The Midterm Elections

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