It is very rare, indeed, when a federal court issues an order preventing a state official from performing a discretionary act. Thoughts?

Judge orders state to stop prosecuting part of state law
By APRIL CASTRO
Associated Press Writer
AUSTIN A federal judge ordered Attorney General Greg Abbott to stop prosecuting Texans who help elderly and disabled voters cast their mail-in ballots.

The Texas Democratic Party sued Abbott and Secretary of State Roger Williams, arguing that the Republican officials are using state law to suppress minority and elderly voters. The Democrats claimed that the part of the state law they were using violates federal law.

"Attorney General Greg Abbott has shamefully abused a technicality in the law to unfairly target minorities and seniors, creating an atmosphere of fear and intimidation in certain Texas communities," said Boyd Richie, state Democratic chairman. "This injunction will put a stop to Abbott's aggressive prosecution of well-meaning citizens who are simply helping their neighbors vote, and allow seniors and disabled individuals to cast their vote in the upcoming election without fear of being arrested."

U.S. District Court Judge John T. Ward ordered the injunction Tuesday "pending a trial on the merits."

Abbott's office has filed an appeal and asked that the case be expedited. Early voting ends Friday.

"No political operative should view Tuesday's unfortunate decision as an invitation to commit voter fraud," said Solicitor General Ted Cruz.

The law in question prohibits people from handling or mailing absentee ballots for voters who are not relatives or don't live with them. State lawmakers amended the law in 2003 to permit such assistance if the helper signs the envelope with a name and address.

Since 2003, Abbott's office has indicted 13 people for voter fraud. All of them had Democratic voting records and 12 were either black or Hispanic. The office investigates such cases when they receive complaints from other entities, including William's office.

Abbott is up for re-election next week against Democrat David Van Os. Williams is an appointee of Republican Gov. Rick Perry.

[This message was edited by JB on 11-04-06 at .]

Appeals court restores vote fraud prosecutions
Some Democrats complain that cases target minorities, seniors

By POLLY ROSS HUGHES

AUSTIN � A court order issued earlier this week barring voter fraud prosecutions in Texas was overturned Friday by the 5th U.S. Circuit Court of Appeals.

A three-member panel unanimously struck down a federal injunction issued Tuesday that halted Texas Attorney General Greg Abbott from prosecuting individuals who possess another person's ballot or who mail it without identifying themselves. Democrats had complained that minorities, the elderly and the disabled were unfairly being targeted by the prosecutions.

Abbott's office hailed the decision, coming just days before Tuesday's general election, but Democrats immediately filed an appeal to the U.S. Supreme Court.

The "scope of disenfranchisement and interference with protected political activities" under the voter fraud law and "fraudulent practices that allegedly justify" it remain speculative, wrote Judge James Dennis, appointed by former President Clinton and is the only Democrat on the panel.

Dennis, however, said that while the voter fraud law appears to be an "overly broad criminalization of conduct intended to assist disabled voters," unfair application of the law only can be proved by allowing the election to proceed.

"Texans can rest assured that the integrity of our elections will be protected," Texas Solicitor General Ted Cruz said in a statement.

However, Abbott's investigations of minority Democrats already have had a chilling effect, with mail-in ballot applications in Texas down 26 percent compared with 2002, said Gerald Hebert, attorney for Democrats contesting the law.

Supreme Court upholds voting law


WASHINGTON � The U.S. Supreme Court on Saturday denied the Texas Democratic Party's request to stop Attorney General Greg Abbott from prosecuting people who help elderly and disabled voters cast mail-in ballots.

Texas Democrats went to the high court seeking to overturn a 5th U.S. Circuit Court of Appeals ruling Friday that lifted an injunction they had obtained against Abbott.

Secretary of State Roger Williams and Abbott were sued by the Texas Democratic Party, which claimed that the Republican officials are using state law to suppress minority and elderly voters. The Democrats claimed that the part of the state law they were using violates federal law.

U.S. District Judge John T. Ward issued an injunction Tuesday "pending a trial on the merits" of the case, but the appeals court reversed Ward's ruling.

Appeals Court Judge James L. Dennis ruled that although Texas law appears to be overly broad in criminalizing conduct intended to assist disabled voters, it does not completely deny people the opportunity to vote. Allowing the election to continue without an injunction will give the courts a better record on which to judge the Texas voting provisions, Dennis wrote.

The law in question bans people from handling or mailing absentee ballots for voters who are not relatives or don't live with them. State lawmakers amended the law in 2003 to permit such assistance if the helper signs the envelope with a name and address.

Abbott's office has indicted 13 people for voter fraud since 2003. All had a record of voting Democrat; 12 were either black or Hispanic.

And so can I help my disabled mother - she is confined to a wheelchair. But at least she has me nearby to help her - if she still lived in Indiana she would have to depend on someone other than a relative. She wants to vote tomorrow but I don't want to be prosecuted for taking her to vote. Elderly people don't always have relatives to help them. I know there is potential for fraud, but I think there is a potential for overreaching. I used to mail her absentee ballots when she used to receive them, but she forgot to request one early enough this time.

[This message was edited by pkdyer on 11-06-06 at .]