Texas doesn't need to tell mail-in voters their ballot was rejected until after the election, appellate court rules


A three-judge panel of the U.S. 5th Circuit Court of Appeals decided Monday that Texas doesn't have to inform voters that their mail-in ballots were rejected due to signature problems until after the Nov. 3 election, and need not give them a chance to correct or "cure" their ballots. U.S. District Judge Orlando Garcia ruled Sept. 8 that the current signature-verification system in Texas "plainly violates certain voters' constitutional rights" and must be either abandoned or replaced.
The 5th Circuit appellate court stayed Garcia's ruling Sept. 11, and it won't rule on the merits of the case until after the election. Under current law, Texas must inform voters that their ballot was rejected within 10 days after the election. "The state election code does not establish any standards for signature review, which is conducted by local election officials who seldom have training in signature verification," The Texas Tribune reports. Counties can choose to inform voters before the election and give them a chance to cure their ballot.
Texas already limits mail-in voting to people with disabilities, seniors 65 and older, and voters outside of the country or in jail during an election. "Texas' strong interest in safeguarding the integrity of its elections from voter fraud far outweighs any burden the state's voting procedures place on the right to vote," Judge Jerry Smith, a Ronald Regan appointee, wrote for the three-judge panel. The conjuring judges were appointed by Reagan and President Trump.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Sen. John Cornyn (R-Texas), up for re-election this year, claimed voting is easy in Texas, pointing to the large numbers of Texans casting their ballots early this election. But a new study out of Northern Illinois University ranked Texas at the very bottom of its "cost-of-voting index."
"Obviously, it's not impossible to vote in Texas," but "the state has erected obstacles throughout the voting system, and when you compare the comfort and convenience of voting in Texas with other states, Texas ends up at the bottom of the list," Ross Ramsay writes at The Texas Tribune. Probably not coincidentally, he adds, "Texas has one of the lowest voter turnout rates in the country." The 5th Circuit Court of Appeals has sided with Texas in several recent cases, rejecting efforts to make voting easier, the Austin American-Statesman notes.
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
The science behind regrowing missing teeth
Under the Radar A series of recent breakthroughs may offer those with dental issues something to chew on
-
The First Homosexuals: The Birth of a New Identity, 1869–1939
Feature Wrightwood 659, Chicago, through Aug. 2
-
Why the FDA wants to restrict kratom-related products
In the Spotlight The compound is currently sold across the United States
-
Thailand, Cambodia agree to ceasefire in border fight
Speed Read At least 38 people were killed and more than 300,000 displaced in the recent violence
-
Israel 'pauses' Gaza military activity as aid outcry grows
Speed Read The World Health Organization said malnutrition has reached 'alarming levels' in Gaza
-
US and EU reach trade deal
Speed Read Trump's meeting with European Commission President Ursula von der Leyen resulted in a tariff agreement that will avert a transatlantic trade war
-
At least 12 dead in Thai-Cambodian clashes
Speed Read Both countries accused the other of firing first
-
US and Japan strike trade deal
Speed Read Trump signed what he's calling the 'largest deal ever made'
-
28 nations condemn Israel's 'inhumane killing' in Gaza
Speed Read Countries including Australia, France, Japan and the U.K. have released a joint statement condemning Israel's ongoing attacks
-
Israeli gunfire kills dozens at Gaza aid site
Speed Read The U.N. estimates that at least 875 Palestinians have died while trying to access food in recent months
-
Rubio says US brokered end to Syria conflict
Speed Read Syria's defense ministry was targeted in Israeli attacks on the capital