Filed Date: March 20, 2020
Case Ongoing
Clearinghouse coding complete
COVID-19 Summary: In this case, the Texas Democratic Party sued the Texas Secretary of State to allow all eligible voters to cast their ballot by mail. On April 15, 2020, Judge Tim Sulak issued a temporary injunction expanding access to mail in ballots to those with concerns about COVID-19 and in person voting. The defendants appealed and the plaintiffs sought enforcement of the injunction. The court of appeals found for the plaintiffs and the defendants appealed to the Supreme Court of Texas. On June 9, the case was dismissed.
On March 20, 2020, the Texas Democratic Party filed this lawsuit in the Travis County Texas State Court. The plaintiffs sued Ruth Hughs in her capacity as Texas Secretary of State and the Travis County Clerk under state law. Represented by private counsel, the plaintiffs sought injunctive and declaratory relief that would allow all eligible voters, regardless of age and physical condition, to cast their ballot by mail, if they believed their health was in danger under the threat of COVID-19.
On April 15, 2020, Judge Tim Sulak issued a temporary injunction, expanding the definition of "disability" to include individuals with concerns about COVID-19 and in-person voting. The court scheduled another hearing for July 27 to determine what happens after the July elections. The defendants appealed, and the case was moved from the Third Court of Appeals to the Fourteenth Court of Appeals on May 6.
On May 5, the plaintiffs sought enforcement of the temporary injunction or an order that the trial court’s injunction remains in effect until the appeal. The defendants appealed to the Supreme Court of Texas on May 13. On May 14, the Fourteenth Court of Appeals of Texas granted the plaintiff's motion for temporary orders and ordered that the trial court’s temporary injunction remained in effect until the appeal. The Supreme Court of Texas stayed this order.
On June 9, the case was dismissed.
Summary Authors
Cedar Hobbs (3/22/2020)
Averyn Lee (6/13/2020)
Gloria v. Hughs, Western District of Texas (2020)
Brazil, Kemble Scott (Texas)
Abrams, Michael (Texas)
Albright, Thomas A. (Texas)
Bangert, Ryan L (Texas)
Aiyer, Jay (Texas)
Poissant, Margaret (Texas)
Sulak, Tim (Texas)
Last updated Aug. 30, 2023, 2:26 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Texas
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: March 20, 2020
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Texas Democratic Party
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Case Details
Causes of Action:
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Preliminary injunction / Temp. restraining order
Source of Relief:
Form of Settlement:
Content of Injunction:
Issues
Voting:
COVID-19: