AUSTIN, Texas _ Conservative leaders and two Republican candidates have filed suit to block Texas Gov. Greg Abbott's order that added six days of early voting for the November election as a pandemic-inspired safety measure.
The extension, they argued, must be struck down as a violation of the Texas Constitution and state law.
"This draconian order is contrary to the Texas spirit and invades the liberties the people of Texas protected in the Constitution," the lawsuit argued. "If the courts allow this invasion of liberty, today's circumstances will set a precedent for the future, forever weakening the protections Texans sacrificed to protect."
The lawsuit was the latest attempt by prominent conservative activist Steven Hotze to overturn Abbott's executive orders and proclamations in response to the coronavirus as illegal and improper.
None to date has succeeded, but the barrage of legal challenges highlights the difficulty Abbott is having with his party's right wing, which questions the severity of the pandemic and opposes limits on businesses and personal decisions.
The latest lawsuit, filed late Thursday in Travis County District Court, was joined by Republican candidates Bryan Slaton, running for the Texas House after ousting Republican Rep. Dan Flynn, of Canton, in the GOP primary runoff, and Sharon Hemphill, a candidate for district judge in Harris County.
Other plaintiffs include Rick Green, a former Texas House member from Hays County, and Cathie Adams, former chair of the Republican Party of Texas and a member of Eagle Forum's national board.
In late July, when Abbott extended the early-voting period for the Nov. 3 election, he said he wanted to give Texas voters greater flexibility to cast ballots and protect themselves and others from COVID-19.
Beginning early voting on Oct. 13, instead of Oct. 19, was necessary to reduce crowding at polls and help election officials implement safe social distancing and hygiene practices, Abbott's proclamation said. To make the change, Abbott suspended the election law that sets early voting to begin 17 days before Election Day.
At the same time, Abbott also loosened vote-by-mail rules allowing voters to deliver completed ballots to a county voting clerk "prior to and including on Election Day."
The Hotze lawsuit, which sought to overturn that change as well, argued that Abbott's emergency powers do not extend to suspending Election Code provisions and that the early voting proclamation violates the Texas Constitution's separation of powers doctrine because only the Legislature can suspend laws.
The lawsuit seeks a temporary restraining order barring the Texas secretary of state from enforcing Abbott's proclamation and a court order declaring it unconstitutional.
Hotze, who opposes government-mandated face masks, which epidemiologists and public health experts say can limit the spread of the coronavirus, warned that Abbott's orders can lead to a slippery slope.
"Will it be a little easier next time for a governor to unilaterally make sweeping changes to the Texas Election Code, force people to wear certain items or not act in government-disapproved activities on pain of criminal sanctions?" the Hotze lawsuit said.
Abbott has made several election-related orders since issuing a statewide disaster proclamation on March 13 that declared the pandemic an imminent threat.
He postponed the primary runoff for 2 { months, from May 26 to July 14, over health concerns and gave local governments the opportunity to postpone elections from May until November.
Abbott also extended the early voting period for the July 14 primary runoff election _ a change that was not challenged in court.
