Houston, Texas (AP) — A recent law passed by the GOP-led Texas Legislature, which aimed to regulate elections in the state’s largest county, has been declared unconstitutional by a judge. The law was intended to impact Harris County, a Democratic stronghold and the home of Houston, by eliminating a position overseeing elections. However, the law’s enforcement has been temporarily halted after county officials filed a lawsuit earlier this month.
State District Judge Karin Crump in Austin issued an order on Monday deeming the law unconstitutional. Nonetheless, the order’s effect was short-lived as it was put on hold the following Tuesday. The Texas Attorney General’s Office promptly filed a notice of intent to appeal the decision to the Texas Supreme Court.
Scheduled to take effect on September 1, the new law was promoted by Republican lawmakers who accused Harris County officials of mismanaging recent elections. In response, Democrats argued that the law disproportionately targeted the county due to its increasing tendency to vote Democratic, along with other large urban areas in the state.
The law was passed to “ensure that elections in the state’s largest counties are properly managed by individuals who are accountable to the voters, not by unaccountable bureaucrats,” according to a statement from the Texas Attorney General’s Office.
Judge Crump’s ruling highlighted that the law applies exclusively to Texas counties with a population of 3.5 million residents. Since Harris County is the sole county with such a substantial population, the law does not extend to any other counties, even if they eventually exceed the specified population threshold. Crump contended that this aspect of the law violates the Texas Constitution, which mandates uniformity in laws across the state and prohibits targeting specific locations.
The judge characterized the new law as “unreasonable, arbitrary, and simply a means of singling out one county.”
Harris County officials expressed plans to petition the Texas Supreme Court to temporarily block the law’s enforcement while the lawsuit is under litigation.
Harris County Attorney Christian Menefee, a Democrat, remarked, “At the end of the day, we know that this is not about making elections better… It’s about undermining confidence in our elections.”
The origins of the law stem from issues encountered during the November elections in Harris County. Challenges included shortages of paper ballots and delayed poll openings. While several Republican candidates have filed lawsuits attributing their losses in the county to these problems and alleged illegal votes, no evidence has yet linked these issues to election outcomes.
The law sought to transfer elections oversight back to the tax assessor and county clerk, both of which are elected positions currently held by Democrats. Critics have accused the Texas GOP of attempting to alter rules when unable to secure victories.
Commissioner Adrian Garcia, a Democrat in Harris County, commented, “When the Texas GOP can’t win a race, they get very Trumpy: Either change rules, change the referee or cry in their spilt milk.”
Harris County officials have raised concerns that the new law would hinder their preparations for the upcoming mayoral election in Houston scheduled for November. This apprehension was echoed by Judge Crump.