Fifth Circuit Rules: Local Officials Responsible for Enforcing State Election Law

    Attorney General Paxton’s team convinced the United States Fifth Circuit Court of Appeals to reject a Texas Democratic Party lawsuit trying to reinstate “pop-up” voting, where Democrats opened temporary polling places to benefit their voters at the expense of all Texans.

    The Democratic Party and its plaintiffs cannot sue to stop HB 1888, a bill passed to end this electioneering by requiring local election officials to keep temporary polling places open for longer hours so that all Texans, and not just preferred Democratic voters, could access them. The Fifth Circuit has directed the district court to dismiss the Democrats’ challenges. 

     “Local officials are responsible for administering and enforcing election law as it pertains to polling places, and they must fulfill their duty in order to stave off voter fraud and ensure that every legal vote cast by an eligible voter counts,” said Attorney General Paxton. “The Fifth Circuit correctly determined that local election officials and early voting clerks must enforce these laws, and I commend them for remanding this clearly partisan case for dismissal.” 

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