Can Texas Voters Receive Mail-in Ballot Applications without Requests? Texas AG Says No

Texas Attorney General Ken Paxton is suing Harris County to stop more than two million registered voters from receiving mail-in ballot applications from the county clerk, claiming that the Harris County clerk doesn’t have the authority under Texas law unless a voter  requests the application first.   

Lynn Pinker Hurst & Schwegmann partner and constitutional law expert David Coale explained the argument in a recent interview with KDFW FOX 4.  

“Attorney General Paxton’s argument is that the list of powers given to the election commissioners – the county-level officials – does not include the specific type of mailing they are planning to make in Harris County, [and] thus should be enjoined as an overreach by that official.  

“The commissioners in Harris County counter, yes, there is a list of specific things that we are allowed to do, but it’s always been recognized in Texas that you can do additional things that are necessary to carry that out.’”  

To speak with Mr. Coale regarding constitutional law, contact Sophia Reza at 800-559-4534,