Fifth Circuit Vacated Preliminary Injunction in Texas Access to Vote by Mail Case

September 10, 2020
Fifth Circuit Vacated Preliminary Injunction in Texas Access to Vote by Mail Case

On July 6, 2020, NDRN had joined the American Diabetes Association, Disability Rights Advocates, Disability Rights Texas (the Texas P&A), Disability Rights Legal Center in an amicus of support of neither side explaining the obligations Texas elections officials must make reasonable modifications under the ADA to voting during the COVID-19 pandemic such as permitting voting by mail.

On September 10, 2020, the Fifth Circuit Court of Appeals in Texas Democratic Party v. Abbott, ___ F.3d ___, 2020 WL 5422917 (5th Cir.) vacated a preliminary injunction issued by the district court regarding a Twenty-Sixth Amendment challenge to the constitutionality of a state statute requiring voters under 65 to prove a disability in order to vote by mail, as applied during the COVID-19 pandemic.