Tag Archives: ballot by mail

Teach the Vote’s Week in Review: May 29, 2020

These are the strangest last days of school. No bustling students, smiling and excited for summer. No hugs goodbye or “Have a great summer” notes. Socially-distanced graduation ceremonies. Rest assured, students and teachers will be reunited in the coming future, more grateful than ever for the bond that is created during learning. As you start your summer, relax and enjoy some reading on this week’s education news from the ATPE lobby team.


Abbott press conference in Amarillo, May 27, 2020.

CORONAVIRUS UPDATE: On Tuesday, Gov. Greg Abbott issued a proclamation to expand services and activities that can be reopened in Texas, including water parks, driver education programs, and food courts in shopping malls (with limited occupancy). As previously announced, zoos can reopen today, and on Sunday, youth camps and sports can resume activity. Abbott also held a press conference Wednesday in Amarillo to share positive updates on the progress of testing and containment of the outbreak in the panhandle.

On Monday, schools have been authorized to reopen to students with special safety measures in place, such as taking students’ temperatures every day and separating desks by six feet (among many others). Citing logistical concerns with the feasibility of implementing such requirements, Houston ISD and other districts in the area have chosen to implement online-only summer school. Other districts may only offer statutorily-required summer school to rising kindergarten and first grade English learners. Midland ISD is collecting data from parents and teachers on how to proceed with learning in the upcoming school year. Ft. Bend ISD announced this week that it plans to offer a full-time virtual learning option for its students who are not comfortable returning to school in-person in the fall.

As more districts gather input from their communities and make decisions regarding summer and fall learning, we expect to see a variety of approaches emerge. To help educators navigate these changes, ATPE continues to update our Coronavirus FAQ and Resources page. The Texas Education Agency also has updated nearly every topic on its coronavirus-related webpage, including new year-round calendar examples and guidance pertaining to special education, special populations (English language learner summer school guidance), academics (dyslexia screening requirements), student assessment, and funding (CARES Act guidance).


ELECTION UPDATE: This week, the Texas Supreme Court ruled that lack of immunity to the novel coronavirus does not constitute a disability, overturning a lower court decision that would have effectively expanded who can vote by mail in Texas. The court did not, however, side with Texas Attorney General Ken Paxton in forcing local election officials to check the disability status of those who apply for a ballot by mail. A separate case in the U.S. Fifth Circuit is still pending.

In light of the health risks associated with voting in person, Gov. Abbott said this week in an interview (see the 4:30 mark) with Lubbock news station KCBD that he will extend the two-week early voting period for the November 2020 election.

Secretary of State Ruth Hughes this week announced a minimum health and safety protocol for voters and poll workers, which includes bringing your own ballot-marking device and curbside voting if you have COVID-19 symptoms and meet other eligibility requirements. Read more in this week’s election roundup post by ATPE Lobbyist Andrea Chevalier.


FEDERAL UPDATE: This week, U.S. Secretary of Education Betsy DeVos announced that the Department of Education (ED) would begin rulemaking to solidify its guidance directing public school districts to spend federal stimulus funds on private schools. This follows Texas’s issuance of its own CARES Act guidance, which instructs districts to heed ED’s interpretation of the “equitable services” provision within the law.

Betsy DeVos

Many argue that DeVos’s interpretation of how “equitable services” funds should be distributed under the CARES Act is actually inequitable. Her department’s direction could send an unprecedented amount of Title I-based federal emergency dollars to private schools, regardless of their students’ income, language status, or other eligibility criteria typically required by federal education law. Read more about the dispute over CARES Act funding in this blog post by ATPE Lobbyist Andrea Chevalier.

ATPE’s federal lobby team continues to discuss our concerns with lawmakers, and we will provide formal input on any new rules that are proposed by the department. However, it’s been reported that ED may use a “good cause” exception under federal administrative procedures to try to make the rule change effective immediately upon its publication, even before the public comment period expires. The U.S. House passed a new coronavirus relief bill earlier this month that would limit Secretary DeVos’s power to steer federal coronavirus relief funds to private schools, but the Senate has not been willing to consider the measure.


ATPE recently submitted formal comments on proposed rules for the Teacher Incentive Allotment (TIA) established through last year’s House Bill 3. The proposed commissioner’s rules outline key aspects of the TIA’s local optional designation systems, such as data sharing requirements, teacher eligibility, and the district plan approval process. ATPE’s comments to the agency highlight the need to maintain confidentiality in data sharing and recommend other changes to improve the rules. Read more in this blog post by ATPE Senior Lobbyist Monty Exter.


Recent surveys on education during the COVID-19 pandemic show parents and educators are worried about their students, mainly with learning loss and children’s ability to follow social distancing guidelines if they go back to school. They also appear to agree with the general public  in not wanting an extended school year calendar, instead preferring summer school options. Read more about the Learning Heroes Parent 2020 survey and the USA Today/Ipsos polls of parents and teachers in this blog post by ATPE Lobbyist Andrea Chevalier.

Do YOU want to take a survey and share your thoughts, too? Until June 3, ATPE invites educators  to share your concerns about returning to campus for the 2020-21 school year in ATPE’s short, confidential survey. You don’t have to be an ATPE member to participate, so please share the survey with your colleagues, too. Help us develop resources and support Texas educators and students during these uncertain times.

Texas election roundup: Voter safety and a court ruling

The on-again, off-again saga of whether or not all Texas voters can vote by mail continued this week with a ruling from the Texas Supreme Court yesterday. The state’s highest court agreed with Texas Attorney General Ken Paxton that a lack of immunity to the novel coronavirus does not constitute a disability that would enable a voter to be eligible to vote by mail.

The issue remains clear as mud, though, as the court left much to voter discretion, saying, “…a voter can take into consideration aspects of his health and his health history that are physical conditions in deciding whether, under the circumstances, to apply to vote by mail because of disability.” Furthermore, in a rejection of Paxton’s request, the court ruled that local officials can’t reject voters who cite an unspecified disability on their application for a ballot by mail.

As we have been reporting here on Teach the Vote, the debate over mail-in voting is also being heard in the federal court system. Through an administrative stay, a three-judge panel of the U.S. Fifth Circuit Court of Appeals has temporarily blocked a lower court’s ruling to expand vote-by-mail options last week. The fight is likely headed to the U.S. Supreme Court.

Also this week, Texas Secretary of State Ruth Hughes issued a new, recommended minimum health protocol for voters and election workers. Formatted as a checklist, the protocol instructs voters heading to the polls to consider maintaining six feet of separation, self-screening, bringing their own stylus or pencil with eraser, bringing hand sanitizer, and wearing a mask. For those experiencing COVID-19 symptoms, voters are encouraged to consider utilizing curbside voting, if they meet the eligibility requirements. Curbside voting is typically reserved for voters with disabilities who are not able physically able to enter polling locations without assistance or who may be likely to injure their health by doing so. The checklist also includes training and safety measures for poll workers and poll watchers, as well as overall sanitation guidelines for the polling place.

As a reminder, be sure to find what’s on your ballot here and mark the following election dates on your calendar:

  • June 15: Last day to register to vote in July 14 elections
  • June 29 – July 10: Early voting for July 14 elections
  • July 2: Last day to apply for a ballot by mail for the July 14 election. Applications must be received by the election administrator by this date (not merely postmarked).
  • July 14: Election day – Primary runoff elections and special election for Texas Senate District 14 (formerly held by Senator Kirk Watson, D-Austin). Last day for county election administrators to receive ballots by mail.

Find additional nonpartisan election information and reminders at the websites of Texas Educators Vote and the Texas League of Women Voters. Lastly, be sure to check out the candidate profiles here on Teach the Vote to see how your candidates answered the ATPE Candidate Survey and view voting records of incumbent legislators.

Texas election roundup: The mail voting seesaw

The back and forth over calls to expand mail-in voting peaked this week with a flurry of court orders, further confusing what has become a dramatic, partisan fight. One side of the debate believes voters should not be forced to risk their health and the health of their families in order to exercise their fundamental right to vote, while the other side argues there is too much risk of voter fraud to allow the expansion of mail-in balloting.

To bring you back up to speed, Texas faces several lawsuits by individual voters and interested organizations seeking to expand voting by mail. Because Texas law restricts mail-in voting to individuals who meet a narrow set of eligibility criteria, one of which is having a disability, many of the plaintiffs’ arguments call for treating voters’ health-related fears of exposure to the coronavirus as a disability. Governor Greg Abbott and Attorney General Ken Paxton are leading the fight against opening up voting by mail to those voters who fear contracting COVID-19 but may not otherwise qualify for a mail-in ballot. Many states, with Republican and Democratic governors alike, have already decided to expand voting by mail in light of the pandemic-related concerns.

The seesaw through the courts began with a state district court ordering, first, that all Texans who are concerned about contracting COVID-19 should be allowed to vote by mail. Last week, a state appellate court upheld that order. Appealing the ruling on behalf of the state, Abbott and Paxton echoed President Donald Trump’s claim that expanding voting by mail would increase voter fraud, which many election experts say is “extremely rare” and preventable. The all-Republican Texas Supreme Court announced Friday the expansion of mail-in voting would be put on hold temporarily while it considers the case.

Health care professionals and institutions from around the state have since filed a brief to the Texas Supreme Court arguing that COVID-19 would almost certainly be spread at polling locations, even with protocols such as sanitizing voting machines and requiring PPE for in-person voting. According to the brief, “When the risk for injury to registered voters is so severe—potentially deadly—there is little to no benefit for in-person voting when a viable mail-in alternative is already available by statute.”

The Texas Supreme Court heard arguments from both sides on Wednesday, May 20, and Paxton has asked the state’s highest court to quickly issue a ruling.

Meanwhile, the dispute over mail-in ballots is simultaneously playing out in the federal courts, too. On Tuesday, May 19, a federal judge ruled on a similar lawsuit filed in U.S. district court, finding that the state’s current restrictions on voting by mail violate the Equal Protection Clause of the U.S. Constitution and ruling that all registered voters in Texas could apply to vote by mail. Judge Fred Biery wrote in his decision, “The Court finds the Grim Reaper’s scepter of pandemic disease and death is far more serious than an unsupported fear of voter fraud in this sui generis experience.”

Paxton immediately appealed the federal judge’s ruling to the U.S. Fifth Circuit Court of Appeals, which upon Paxton’s request agreed on Wednesday, May 20, to temporarily stay Judge Biery’s ruling while it decides whether to permanently overturn the decision.

Stay tuned to Teach the Vote for updates on the frequently changing status of this debate.

UPDATE: Texas election roundup: Runoff registration

*This post has been updated to reflect the governor’s decision to extend early voting in the July 14 primary runoffs by one week in an attempt to accommodate greater social distancing. Early voting will begin Monday, June 29, as opposed to July 6.

With the endless daily news updates on the coronavirus, it’s easy to forget that there’s still an election creeping up on us. The primary runoff elections that were originally scheduled to be held this month are now set for July 14, although a fierce battle is being waged over the best way to conduct this election in order to ensure the safety of Texas voters. We’ll provide an update on that important battle in a separate post. Instead, today’s post will brush up on who can vote in the runoffs.

In Texas, you don’t have to declare a political party. The primary elections are open, which means that anyone can vote in any primary they choose — but only one! If a single candidate doesn’t win at least 50% of the vote in a primary election with three or more candidates, the top two finishers head to a primary runoff election.

Anyone can vote in the runoffs — even if they didn’t vote in the the primaries! If you didn’t vote in the primary elections, you can vote in whichever party’s runoff you choose. It’s as simple as that.

Now here’s where the rules for runoffs get slightly more complicated. If you voted in the March 3 primary elections, you can only vote in the same party’s primary runoff election. So for example, if you voted in the Republican primary on March 3, then you can only vote in the Republican party’s runoff on July 14. You can’t switch.

So, how do I know if I’m eligible to vote? You have to be registered to vote in the county in which you live. If you’re not sure whether you’re registered — maybe you recently moved — you can check your registration status by clicking here. If you’re an eligible citizen 18 years or older and are not registered, the deadline to register to vote in the runoff elections is Monday, June 15, 2020. If you need to register, click here.

Here is a list of key dates leading up to the election:

  • Monday, June 15: Last day to register to vote in the July 14 elections.
  • Thursday, July 2: Last day to apply for a mail ballot. Applications must be received by the  election administrator on this date.
  • Monday, Jun 29: First day to vote early in person.
  • Friday, July 10: Last day to vote early in person before Election Day.
  • Tuesday, July 14: Primary Runoff Election Day.

Polls will be open from 7:00 a.m. to 7:00 p.m. on Election Day. Mail ballots must be received by the county election administrator by 7:00 p.m. on Election Day, with some exceptions, in order to count.

If you’re unsure of whether there is a runoff election in your district, just check the Candidates tab here at TeachtheVote.org and enter your address. You can also find the full list of runoff races in this blog post by ATPE Lobbyist Mark Wiggins.

As we’ve previously reported, the low turnout typical of runoff elections means your vote in these races could be the single most influential vote you cast this election season! Consider this: Just 23.8% of registered voters participated in the March 3 primaries this year. That’s fewer than one in four! A little under 9% of voters cast ballots in the 2018 primary runoffs, which included a runoff for a statewide race. That means your vote in a runoff election is more than twice as likely to influence the outcome of an election as it is in a primary. And with the unprecedented level of uncertainty around this election in particular, each vote will represent even more.

Speaking of uncertainty, one of the biggest questions remains whether Texas leaders will provide a safe process for voting while the deadly coronavirus is still in circulation. Many voters have expressed a desire for mail-in voting eligibility to be expanded during the pandemic, but state officials are pushing back against the idea. We are monitoring this topic closely and will post new information here on ATPE’s Teach the Vote blog as developments occur.

Texas election roundup: Texans could face serious decision whether to vote during pandemic

Texas voters may have a difficult decision ahead of them when it comes to casting their ballot in the upcoming runoff elections. It’s one that could have serious implications concerning their health and that of their families.

As Americans continue to practice social distancing to combat the spread of COVID-19, election administrators are looking ahead to how to maintain the democratic process while safeguarding citizens from a disease that has become the second leading cause of death in America. The disease has now killed more Americans in a single month than all flu deaths in the previous year — even with most of the country shut down.

The U.S. Centers for Disease Control (CDC) has recommended voting jurisdictions increase the use of mail-in methods of voting in order to minimize the potential for voters to be exposed to the deadly virus, but the expansion of ballot-by-mail to protect voters appears to have become somewhat of a partisan debate.

State law currently allows a voter to mail in an absentee ballot if they are 65 years or older, are disabled, are out of the county on election day and during the period of early voting, or are confined in jail but otherwise eligible. While many states — including those run by Republican governors — have expanded the availability of mail-in voting in order to protect voters, some leaders in Texas are fighting attempts to expand ballot-by-mail and instructing local officials to move forward with in-person voting for the July 14 runoff elections.

The Texas Democratic Party has filed suit in state and federal court arguing that all Texas voters should be allowed to fill out an absentee ballot in order to avoid the potential for infection at a physical polling site. Texas Attorney General Ken Paxton, a Republican, responded by fighting the lawsuit and threatening voters with criminal penalties, including potential felony charges, if they cast an absentee ballot without meeting the current legal requirements. Last week, a state district judge issued an injunction expanding the use of mail-in ballots to all voters who risk exposure to the coronavirus by voting in person. Paxton is expected to appeal the decision on behalf of the state.

President Donald Trump has led the opposition to his own administration’s recommendations regarding mail-in voting by warning of the potential for fraud. While there are slightly higher rates of mail-in ballot fraud than in-person voter fraud, election experts say both are “extremely rare” and can be prevented. A commission launched by Trump to investigate the president’s allegations of fraud in the 2016 elections disbanded in 2018 after finding “no evidence to support claims of widespread voter fraud.”

The consequences of holding in-person elections during a pandemic have already been demonstrated. In Wisconsin, at least 19 people tested positive for COVID-19 and have linked their exposure to the disease to having voted in person during that state’s April 9 elections.

It’s still unclear how long the COVID-19 threat will linger. While some states appear to be nearing a decline, social distancing guidelines likely will continue to be necessary to ensure progress is not lost. Meanwhile, the World Health Organization (WHO) has warned that a second, “more difficult” wave of COVID-19 could be ahead.

Despite the partisan split among political leaders, popular support behind voting by mail is overwhelming. According to a Wall Street Journal/NBC News poll, 67% of Americans support mail-in ballots for the November elections. Some 58% support changing laws to permanently expand voting by mail.

While Texas’ July 14 primary runoff elections are quickly approaching, Gov. Greg Abbott has remained relatively quiet on the issue of expanding mail-in ballots. If the normal rules remain in effect, Texas voters will face the same choice voters in Wisconsin faced earlier this month: Whether to exercise your right to vote or to protect your health and that of your family.