Attorney General Ken Paxton commended the United States Court of Appeals for the Fifth Circuit decision upholding vote-by-mail laws established by the Texas Legislature. In an opinion last night, the Fifth Circuit rejected arguments made by the Texas Democratic Party and others that Texas election law violated the 26th Amendment by allowing voters over 65 years of age to access mail-in ballots. The opinion vacated a San Antonio district court’s unlawful injunction requiring Texas officials to act in violation of state law and allow all eligible voters to vote by mail.  

“I am pleased that the Fifth Circuit correctly upheld Texas’s vote-by-mail laws, and I commend the court for concluding that Texas’s decision to allow elderly voters to vote by mail does not violate the 26th Amendment,” said Attorney General Paxton. “Allowing universal mail-in ballots, which are particularly vulnerable to fraud, would only lead to greater election fraud and disenfranchise lawful voters. I will continue to protect the integrity of Texas elections and uphold the rule of law.”  

Read a copy of the opinion here