Texas appeals court denies bid to block Galveston County’s new voting map
GALVESTON COUNTY, Texas - A Texas appeals court denied a request to block Galveston County from using voting maps drawn after the March primary elections for its November elections.
In a short opinion, the 14th Court of Appeals rejected a petition to block the county from implementing precinct maps adopted after the March primary elections.
Court said plaintiffs did not reach burden for writ of mandamus
The plaintiffs argued that Galveston County should not be allowed to hold a primary election using one map and a general election using another.
The court did not rule on the legality of the county's map change.
Instead, the appeals court said the plaintiffs did not reach the high bar for a writ of mandamus, a court order requiring a public official to carry out a clear legal duty.
What they're saying:
"Relators have not met their burden of proof that no disputed facts exist and the duty they seek to compel is clear," the court wrote. "Accordingly, we deny relator’s petition for writ of mandamus."
The denial comes after the Texas Supreme Court declined an emergency motion to stop the county from using the new maps.
The Supreme Court said the plaintiffs must file in a lower court first.
What's next:
The plaintiff refiled a petition for a writ of mandamus in the Texas Supreme Court Friday. A response to the petition is required by Aug. 31.
Galveston Co. officials introduce new precinct maps following primary elections
The backstory:
The plaintiffs said the issue of using different maps for the November elections came during a court hearing challenging Galveston County's 2021 voting maps.
On June 30, the county filed a suggestion of mootness in the case, citing their intention to use the newly passed 2026 maps.
Those maps were passed during a June 28 commissioners court meeting. The justification for passing new maps was the commissioners' desire to divide the current boundaries and "determined that the interests of the people of the county are best served by changing the existing commissioners, constables, and justices of the peace precinct boundaries," court documents state.
Texas county accused of changing voting maps after primary elections
Voting rights groups say Galveston County plans to use new precinct maps in November after holding March primaries under older boundaries.
At the July 28 hearing in federal court, Galveston County was asked which map they intended to use in November, because primaries for justices of the peace and commissioners had been conducted using the 2013 and 2021 maps.
When asked for clarity, attorneys for the county said they would use the 2026 maps, according to court documents.
Those against the switch argue that such a move would cause many voters to be moved into either a new precinct with a different candidate from March or into a precinct that isn't having an election at all.
The groups against the switch said it violates the Equal Protection Clause under the Fourteenth Amendment. The petition argues the map change denied some voters the opportunity to participate, some potential candidates their opportunity to run in the primary, denied some voters who voted in the primary from voting for their candidate in November and nullified the votes cast under the old map.
The groups also argue the map switch violates the Texas Constitution and the Texas Election Code by intending to hold an election for which a primary hasn't been held.
What they're saying:
"Election rules should not change after voters have already begun casting ballots," Bernadette Reyes, voting rights counsel at the UCLA Voting Rights Project, said. "When officials redraw districts in the middle of an election, it threatens both equal representation and confidence in our democratic process. Our lawsuit asks the court to protect those fundamental rights and principles."
The Source: Information in this article comes from documents filed in the Texas 14th Court of Appeals and the Texas Supreme Court. Backstory comes from precious FOX Local reporting.