Case 1:20-cv-01006-RP Document 1 Filed 10/01/20 Page 1 of 20 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION TEXAS LEAGUE OF UNITED LATIN AMERICAN CITIZENS, NATIONAL LEAGUE OF UNITED LATIN AMERICAN CITIZENS, LEAGUE OF WOMEN VOTERS OF TEXAS, RALPH EDELBACH, and BARBARA MASON; Plaintiffs, v. Civil Action Case No. _________________1:20-cv-1006 GREG ABBOTT, in his official capacity as Governor of Texas, RUTH HUGHS, in her official capacity as Texas Secretary of State, DANA DEBEAUVOIR, in his official capacity as Travis County Clerk, CHRIS HOLLINS, in his official capacity as Harris County Clerk; JOHN W. OLDHAM, in his official capacity as Fort Bend County Elections Administrator; LISA RENEE WISE, in her official capacity as El Paso County Elections Administrator; Defendants. COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 1. On June 29, 2020, Defendant Governor Greg Abbott argued in federal court that “precipitous changes to the [election] rules can cause ‘confusion’ and even undermine public confidence in the outcome of the election itself.” 2. Three months later, with voting underway in Texas, Governor Abbott made exactly the type of “precipitous change” that he had cautioned against. On October 1, 2020, Governor Abbott issued an order forcing county election officials to offer their absentee voters no more than one physical drop-off location at which to return their ballot. In the State’s largest counties, 1 Case 1:20-cv-01006-RP Document 1 Filed 10/01/20 Page 2 of 20 including Harris and Travis counties, the October 1 order meant that the number of drop off location would respectively be reduced from 11 and 4 locations. 3. For Texas’ absentee voters—including those who had already requested or received their absentee ballot with the expectation that they would be able to use one of many drop-off locations offered by their county—the effect of the October 1 order is to unreasonably burden their ability to vote. They will have to travel further distances, face longer waits, and risk exposure to COVID-19, in order to use the single ballot return location in their county. And, if they are unwilling or unable to face these new burdens, they will have to rely on a hobbled postal mail system—that has expressed a lack of confidence in its own ability to timely deliver the mail—and hope that their ballot will be delivered in time to be counted. Inevitably, for some absentee voters, their hope will be misplaced, and their ballot will not be counted. 4. In the midst of an election that is already underway, forcing such new burdens on voters who relied on a different set of election rules to make their voting plan, is unreasonable, unfair, and unconstitutional. And, as Governor Abbott recently argued, it engenders voter confusion and undermines the public’s confidence in the election itself. 5. This Court must therefore immediately enjoin Governor Abbott’s October 1 order, and restore the status quo to Texas’s already-occurring election. JURISDICTION AND VENUE 6. This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1343. 7. This Court has personal jurisdiction over Defendants, who are elected or appointed officials for the State of Texas or Texas Counties, and are residents of the State of Texas. 8. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b). 2 Case 1:20-cv-01006-RP Document 1 Filed 10/01/20 Page 3 of 20 9. This Court has authority to issue declaratory and injunctive relief pursuant to 28 U.S.C. §§ 2201 and 2202. PARTIES 10. Plaintiff League of United Latin American Citizens (“LULAC”) is the oldest and largest national Latino civil rights organization in the United States. LULAC is a non-profit membership organization with a presence in most of the fifty states, including Texas. It was founded with the mission of protecting the civil rights of Latinos, including voting rights. LULAC participates in civic engagement activity, such as voter registration, voter education, and voter turnout efforts, throughout the United States. 11. LULAC has been recognized and accepted as an organizational plaintiff protecting Latino rights in federal courts across the country, including the United States Supreme Court and the U.S. District Court for the Western District of Texas. 12. Plaintiff Texas LULAC is the Texas chapter of the League of United Latin American Citizens. Plaintiff Texas LULAC was founded in Texas in 1929. Texas LULAC has over 20,000 members across the state of Texas. Texas LULAC’s members include registered voters who are eligible to and plan to vote absentee in the current general election. 13. Texas LULAC regularly engages in voter registration, voter education, and other activities and programs designed to increase voter turnout among its members and their communities. These efforts are key to LULAC’s mission of increasing civic participation of its members. Texas LULAC commits time, personnel, and resources to these efforts throughout Texas. 14. In light of the coronavirus pandemic, many eligible Texas LULAC members intend to vote absentee rather than vote in person and risk exposure to COVID-19. And because of 3 Case 1:20-cv-01006-RP Document 1 Filed 10/01/20 Page 4 of 20 widespread reports of mail delays in mail processed by the United States Postal Service, many Texas LULAC members have planned to drop off their ballots at one of the drop-off locations provided by, or planned to be provided by, Texas elections officials, to ensure their ballots are timely received an counted. 15. In light of the Governor’s precipitous announcement that counties may only operate a single absentee ballot drop-off location, Texas LULAC will be forced to divert resources away from its ongoing efforts to mobilize its members and their communities to vote and towards educating voters about the impact of the Governor’s order eliminating ballot drop-off locations and prohibiting counties from providing more than one location where voters can drop off their absentee ballots. 16. The League of Women Voters of Texas (LWVTX) is a nonprofit membership organization focused on nonpartisan, grassroots civic engagement. LWVTX’s mission is to empower voters and defend democracy. LWVTX encourages its members and all Texans to be informed and active participants in government, including by registering and voting in local, statewide, and national elections. LWVTX has approximately 3,000 members in Texas, many of whom are eligible to vote absentee and plan to do so in the upcoming election, including by returning their absentee ballots to a drop box. 17. In light of the Governor’s order limiting the number of absentee ballot drop-off locations to one per county, many Texas LULAC and LWVTX members will lack reasonable access to a drop-location and thus will be unable to timely cast their absentee ballots, absent federal court intervention. In-person voting is simply not an option for many absentee-eligible Texas LULAC and LWVTX members. Elderly, sick, and disabled members—the only categories of persons eligible to vote absentee by dropping off their ballot in person—simply cannot risk deadly 4 Case 1:20-cv-01006-RP Document 1 Filed 10/01/20 Page 5 of 20 exposure to COVID-19. As such, absentee ballots are the only option for many eligible Texas LULAC and LWVTX members to exercise the franchise without jeopardizing their own health or the health of their families. Furthermore, given the well-reported delays in mail processed by the United States Postal Service, many Texas LULAC and LWVTX members will be denied the right to vote unless they travel long distances and wait in crowded lines (something they cannot do without risking their health) to drop off their ballots. 18. Ralph Edelbach is an 82-year old Texas voter who lives in Cypress, Texas. Mr. Edelbach plans to vote by mail in this November’s election. Because of his concerns around whether the Postal Service will be able to timely and safely transmit his absentee ballot for counting, Mr. Edelbach planned to drop his ballot off at one of the eleven Harris County ballot return locations. Prior to Governor Abbott’s October 1 order, the nearest drop-off location to Mr. Edelbach’s home was about 16 miles away. That location has been forced to close by the Governor’s order, and now, the nearest drop-off location to Mr. Edelbach will be about 36 miles away. As a result, if he wants to drop his ballot off in person—which is his preference—Mr. Edelbach will have to drive nearly an hour-and-a-half roundtrip in order to do so. Other voters in Harris County in similar circumstances have already dropped off their ballots at previously authorized return locations. 19. Barbara Mason is a 71-year-old Texas voter who lives in Austin, Texas. She is an annual absentee voter and plans to vote by mail in this November’s election. Before Governor Abbott’s October 1 order, Ms. Mason planned to use one of the four Travis County drop-off locations to return her absentee ballot because she is concerned that she will not have enough time to receive, consider, vote, and timely return her ballot by mail. Indeed, Ms. Mason is especially worried that given its recent mail delivery problems, the Postal Service will not be able to timely 5 Case 1:20-cv-01006-RP Document 1 Filed 10/01/20 Page 6 of 20 and safely deliver her absentee ballot for counting. However, since the number of drop off locations in Travis County has been reduced to one, Ms.