Texas can reject mail-in ballots over mismatched signatures without giving voters a chance to appeal, court rules
A federal judge had ordered the state to give voters a chance to resolve signature questions in time for their ballots to be counted. Now that won't happen unless counties do it voluntarily.
Sign up for The Brief, our daily newsletter that keeps readers up to speed on the most essential Texas news.
If they decide the signature on the ballot can't be verified, Texas election officials may continue rejecting mail-in ballots without notifying voters until after the election that their ballot wasn't counted, the 5th U.S. Circuit Court of Appeals ruled Monday.
The appeals court halted a lower court’s injunction, which had not gone into effect, that would have required the Texas secretary of state to either advise local election officials that mail-in ballots may not be rejected using the existing signature-comparison process, or require them to set up a notification system giving voters a chance to challenge a rejection while their vote still counts.
Requiring such a process would compromise the integrity of the mail-in ballots “as Texas officials are preparing for a dramatic increase of mail-in voting, driven by a global pandemic,” reads the Monday opinion issued by Judge Jerry E. Smith.
“Texas’s 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,” Smith wrote.
Voting in Texas
When was the last day to register to vote?
The deadline to register to vote in the 2020 general election was Oct. 5. Check if you’re registered to vote here. If not, you’ll need to fill out and submit an application, which you can request here or download here.
When can I vote early?
Early voting for the 2020 general election runs from Oct. 13 to Oct. 30. Voters can cast ballots at any polling location in the county where they are registered to vote during early voting. Election Day is Nov. 3.
How will voting be different because of the pandemic?
In general, polling locations will have guidelines in place for social distancing and regular cleaning. Several counties will offer ballot marking devices so voters avoid contact with election equipment. Poll workers will likely be wearing face masks and other protective equipment, but masks will not be required for voters.
How do I know if I qualify to vote by mail?
Texas is one of just a few states that hasn’t opened up mail-in voting to any voter concerned about getting COVID-19 at a polling place. You can find eligibility requirements and review other questions about voting by mail here.
Are polling locations the same on Election Day as they are during early voting?
Not always. You’ll want to check for open polling locations with your local elections office before you head out to vote. Additionally, you can confirm with your county elections office whether Election Day voting is restricted to locations in your designated precinct or if you can cast a ballot at any polling place.
Can I still vote if I have COVID-19?
Yes. If you have been diagnosed with COVID-19 or are exhibiting symptoms, consider requesting an emergency mail-in ballot or using curbside voting. Contact your county elections office for more details about both options.
- See our voter guide
Have you run into hurdles or problems while trying to vote in Texas? We want your help in reporting on those challenges. Tell The Texas Tribune your voting story.
Before mail-in ballots are counted, a committee of local election officials reviews them to ensure that a voter’s endorsement on the flap of a ballot envelope matches the signature that voter used on their application to vote by mail. They can also compare it to signatures on file with the county clerk or voter registrar that were made within the last six years.
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.
Voters must be notified within 10 days after the election that their ballot was rejected, but state election law does not require affording them an opportunity to challenge the rejection, the appeals court ruling noted.
In August 2019, two voters, George Richardson of Brazos County and Rosalie Weisfeld of McAllen, filed suit after their mail-in ballots were rejected by local officials who decided the signatures on the envelopes in which their ballots were returned were not theirs.
The voters — joined by groups representing Texans with disabilities, veterans and young voters — argued the state law allowing local election officials to reject mail-in ballots based on perceived mismatching signatures violates the 14th Amendment.
The lawsuit claims at least 1,873 mail-in ballots were rejected on the basis of mismatched signatures during the 2018 general election; at least 1,567 were rejected in 2016.
On Sept. 8, U.S. District Judge Orlando Garcia ruled that the state’s process for matching signatures “plainly violates certain voters’ constitutional rights,” and ordered the state to either abandon the practice or come up with some mechanism that lets voters get their ballots counted.
The injunction has been under an administrative stay by the 5th Circuit since Sept. 11, three days after it was issued, and will now remain on hold while the state challenges the underpinnings of Garcia's decision.
Plaintiffs said they will now push counties to voluntarily give early notice to voters whose ballots are rejected for signature-match issues, allowing them a chance to rectify the situation and let their vote count.
“It will affect this 2020 election, so voters will not be notified in time, and so I think the main thing we’re trying to do now is notify counties that ballot boards are not required to give pre-election day notice, but they can,” said H. Drew Galloway, executive director of MOVE Texas, a plaintiff. “We encourage them to follow the original intent of the lower courts here so folks (whose ballots were rejected) can go vote in person, or contest that decision.”
Texas offers voting by mail to people with disabilities, Texans who are 65 and older, voters who will be outside of the county during an election, and those in jail during an election.
Disclosure: MOVE Texas and the Texas secretary of state have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.
Information about the authors
Quality journalism doesn't come free
Perhaps it goes without saying — but producing quality journalism isn't cheap. At a time when newsroom resources and revenue across the country are declining, The Texas Tribune remains committed to sustaining our mission: creating a more engaged and informed Texas with every story we cover, every event we convene and every newsletter we send. As a nonprofit newsroom, we rely on members to help keep our stories free and our events open to the public. Do you value our journalism? Show us with your support.Yes, I'll donate today