Postponement Of Local Elections Set For May 2nd
Press Release March 18, 2020
AUSTIN - Governor Greg Abbott today issued a proclamation suspending provisions of the Texas Election Code to allow political subdivisions to postpone their 2020 local elections. This means local governments now have the ability to postpone their May 2, 2020 elections until November 3, 2020.
"I strongly encourage local election officials to take advantage of these waivers and postpone their elections until November," said Governor Abbott. "Right now, the state's focus is responding to COVID-19 — including social distancing and avoiding large gatherings. By delaying this election, our local election officials can assist in that effort."
Under Section 418.016 of the Texas Government Code, the Governor suspended Sections 41.0052(a) and (b) of the Texas Election Code and Section 49.103 of the Texas Water Code to the extent necessary to allow political subdivisions to move their elections for 2020 only to the next uniform date, occurring on November 3, 2020. The Governor also suspended Sections 31.093 and 42.0621(c) of the Texas Election Code to the extent necessary to require all county election officers to contract to furnish election services with political subdivisions if requested by these subdivisions. Only political subdivisions have authority to postpone these elections, but the Governor’s suspensions allow political subdivisions to postpone the elections and strongly encourages them to do so.
In conjunction with today’s action, Texas Secretary of State Ruth Hughs is releasing an election advisory providing guidance for political subdivisions on the process of postponing their May 2nd elections. Read the Texas Secretary of State's Election Advisory.
AG Paxton Files Brief Supporting Fifth Circuit’s Obamacare Decision
FOR IMMEDIATE RELEASE
February 3, 2020
AUSTIN – Attorney General Ken Paxton filed a brief with the United States Supreme Court today, arguing that the Fifth Circuit’s decision to declare Obamacare’s individual mandate unconstitutional and remand the case to the district court does not require review by the Supreme Court at this time. The brief also argues the U.S. House of Representatives, which petitioned the Supreme Court to review the decision, lacks standing to request such a review.
“The Fifth Circuit’s opinion declaring the individual mandate unconstitutional is a straightforward application of existing U.S. Supreme Court precedent. The Fifth Circuit has ordered this case to return to district court to determine which, if any, provisions of Obamacare are still valid notwithstanding the unconstitutional mandate. That is where this case belongs at this time,” said Attorney General Paxton. “I applaud the Fifth Circuit for upholding the core principle that the federal government cannot order private citizens to purchase subpar insurance that they don’t want. I look forward to demonstrating exactly how this law has failed in district court.”
When the U.S. Supreme Court upheld Obamacare in 2012, a majority of the justices agreed that Obamacare’s individual mandate was constitutional only because its accompanying tax penalty could justify forcing individuals to purchase health insurance under Congress’ taxing power. The Tax Cuts and Jobs Act of 2017 removed the penalty, meaning Obamacare’s intrusive individual mandate cannot be preserved as a tax, and rendering it unlawful.