Voter Fraud Through the Expansion of Mail-In Voting

Press Release 

AUSTIN – Attorney General Ken Paxton today filed a brief with the Court of Appeals for the Fourteenth Judicial District in Houston, defending the Texas Election Code requirements for submitting a mail-in ballot. This brief follows an appeal filed last month, which automatically stayed a Travis County District Court order misconstruing the Election Code to allow anyone to vote by mail using specific protections intended to aid only those with true disabilities.

“The integrity of our election process must be maintained, and the law established by our Legislature must be followed consistently. Unlawful expansion of mail-in voting, which is a special protection made available to Texans with actual disabilities, will only serve to undermine the security of our elections and to facilitate fraud,” said Attorney General Paxton. “Fear of contracting COVID-19 does not amount to a sickness or physical condition as required by state law. My office will continue to defend Texas’s election laws to ensure that our elections remain free, fair and safe.”

Read a

copy of the brief here.

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Shelly Luther Salon Owner Jailed for Working

Press Release

AUSTIN – Attorney General Ken Paxton today sent a letter to a Dallas County judge, stating that he abused his authority by putting Shelley Luther, owner of a hair salon, in jail for opening her salon to feed her family.
“I find it outrageous and out of touch that during this national pandemic, a judge, in a county that actually released hardened criminals for fear of contracting COVID-19, would jail a mother for operating her hair salon in an attempt to put food on her family’s table,” said Attorney General Paxton. “The trial judge did not need to lock up Shelley Luther. His order is a shameful abuse of judicial discretion, which seems like another political stunt in Dallas. He should release Ms. Luther immediately.”

Read a copy of the letter here.


Governor Greg Abbott also released the following statement on the jailing of Dallas Salon Owner, Shelley Luther:

"I join the Attorney General in disagreeing with the excessive action by the Dallas Judge, putting Shelley Luther in jail for seven days. As I have made clear through prior pronouncements, jailing Texans for non-compliance with executive orders should always be the last available option. Compliance with executive orders during this pandemic is important to ensure public safety; however, surely there are less restrictive means to achieving that goal than jailing a Texas mother."

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Crisis Over the Demands of Prisoners

Press Release

AUSTIN - Texas Attorney General Ken Paxton today applauded the United States Court of Appeals for the Fifth Circuit for ordering a stay that blocks a lower court order sharply limiting state officials’ ability to respond to the rapidly developing COVID-19 pandemic in Texas prisons and across the State. The district court’s injunction imposed limits on the transfer of inmates, required unrestricted access to face masks, hand sanitizer and cleaning supplies for each inmate, and imposed a plan for testing every single inmate for COVID-19. The Fifth Circuit also expedited arguments in this case.

“I thank the Fifth Circuit for prioritizing the needs of medical professionals and blocking the unreasonable demands the district court imposed on the Texas Department of Criminal Justice (TDCJ). TDCJ has already diligently implemented measures to prevent the spread of COVID-19, and our medical professionals and those suffering from this health crisis are in desperate need of personal protective equipment, supplies and testing kits,” said Attorney General Paxton. “The district court has no authority to overrule Texas’s decisions about how to manage its scarce resources, and my office will continue to defend the prioritization of medical professionals on the frontline of the battle against COVID-19.”

Read a copy of the order here.

For information on the spread or treatment of Coronavirus (COVID-19), please visit the Texas Department of State Health Services website.

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Prosecution of Mail Ballot Fraudster to Move Forward

March 2, 2020

 AUSTIN – Texas Attorney General Ken Paxton today applauded the Seventh Court of Appeals in Amarillo, Texas for allowing the State to prosecute Erika Lozano-Pelayo for multiple counts of election fraud that resulted in two indictments. Lozano-Pelayo was indicted for providing false information on applications for mail ballots and for causing intentionally misleading information to be provided in those applications.   

“Those who violate our election laws don’t just steal a vote from another citizen, they destroy their community’s confidence in the democratic process. Mail ballots are intended to protect the voting rights of Texans who are unable to travel to polling locations, but criminals exploit this process to alter votes through manipulation and deception,” said Attorney General Paxton. “Fraudsters who threaten the viability of our democratic elections must be caught and prosecuted, and I thank the Seventh Court of Appeals for remanding this case to trial so the State may do just that.”  

The trial court previously quashed part of Lozano-Pelayo’s indictments, blocking the State from alleging and proving that she committed multiple fraudulent acts during a single election. The court also lowered two election-fraud charges from felonies to misdemeanors, although Lozano-Pelayo had not presented the court with adequate grounds for reducing the charges against her.   

In its opinion, the Seventh Court of Appeals ruled that the trial court erred in quashing the allegations that Lozano-Pelayo committed multiple acts of election fraud and in lowering two charges to misdemeanors. It reversed the trial court’s order and remanded the cases for trial. Under Texas election laws, the State has a duty to prosecute each election violation, including repeated violations by the same offender. 

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