Texas Supreme Court: Bars Galveston County Map After Primary Elections

• The Texas Supreme Court blocked Galveston County from using new precinct boundaries for the November elections.
• The court ruled the county violated the Texas Election Code by redrawing maps after the March primary elections.
• Galveston County Judge Mark Henry publicly stated the new boundaries were designed to increase Republican victories.
• The ruling emphasizes that primary and general elections are linked and must maintain uniformity under state law.
• Legal challenges against Galveston County's previous map, alleging racial gerrymandering, are ongoing in federal court, with the Campaign Legal Center Galveston representing plaintiffs.

The court concluded that this outcome is irreconcilable with the Texas Election Code's explicit requirement for the 'conduct of elections to be uniform and consistent throughout this state.'

The Texas Supreme Court has issued a definitive ruling, preventing Galveston County from implementing newly drawn precinct boundaries for the upcoming November elections. This decision, delivered in an unsigned opinion, found that county commissioners acted in violation of the Texas Election Code by altering the electoral map after the March primary elections had already concluded. The contested boundaries were intended for races electing commissioners, constables, and justices of the peace.

Galveston County Judge Mark Henry publicly stated in June, when the new map was approved, that a primary objective was to enhance the prospects of Republican victories within the county. He articulated his commitment to fiscal conservatism and transforming Galveston County into a Republican stronghold, asserting that the new map was designed to achieve this specific outcome. This move by the county sparked immediate legal challenges.

A county constable, alongside two local residents, initiated a lawsuit to contest the legality of the new map. These plaintiffs are represented by the Campaign Legal Center and the UCLA Voting Rights Project, organizations also engaged in a separate federal court challenge against Galveston County's *previous* electoral map, alleging racial gerrymandering. The recent Texas Supreme Court decision marks a significant development in the ongoing legal battles over Galveston County precinct boundaries.

The state's highest court determined that Galveston County's actions contravened the Texas Election Code, specifically by redrawing precinct lines after the primary elections. The court underscored that neither the Texas Constitution nor any existing statute grants a county the authority to undertake such an "unusual and perhaps unprecedented step" of changing electoral maps during an ongoing election cycle, unless compelled by an overriding state or federal legal mandate. The justices highlighted that allowing governmental authorities to "unsettle the electoral map" without clear authorization raises serious constitutional concerns regarding election integrity.

Central to the court's reasoning was the principle that primary and general elections are intrinsically linked, functioning together to facilitate a single election process for each precinct. The opinion articulated that "decoupling the two changes the nature of both," implying that separating the primary and general election processes through post-primary redistricting fundamentally alters the electoral landscape. Such a scenario would disadvantage candidates, who would find themselves competing in a different race than the one they initially entered, and disenfranchise voters, who would encounter general election candidates for whom they had no opportunity to vote in the primary.

The court concluded that this outcome is irreconcilable with the Texas Election Code's explicit requirement for the "conduct of elections to be uniform and consistent throughout this state." This ruling clarifies that post-primary election map changes in Texas are generally impermissible, reinforcing the need for stability and predictability in the electoral process. The decision sets a precedent for how Texas Election Code redistricting must be conducted, particularly concerning timing.

This decision by the Texas Supreme Court arrives amidst a nationwide surge of mid-decade redistricting efforts, as both Republican and Democratic parties strategically adjust electoral maps to gain an advantage in upcoming elections. While the ruling specifically addresses Galveston County, its implications resonate across Texas, establishing a clear judicial stance against unilateral post-primary boundary alterations, effectively blocking Galveston County precinct boundaries that were drawn too late.

Mark Gaber, a senior director of redistricting at the Campaign Legal Center, hailed the court's decision as a "clear sign that Galveston County cannot illegally disenfranchise its voters." He emphasized that electoral systems designed to intentionally discriminate against voters, particularly in communities of color, deny them an equal opportunity to participate in the political process. Gaber affirmed that while this victory at the Texas Supreme Court is celebrated, the broader fight for fair maps in Galveston County continues, with the aim of striking down any discriminatory maps to ensure all voters' voices are heard.

Conversely, Paul Ready, an attorney representing Galveston County, dismissed the challenge to the new precinct boundaries as a "purely litigation-driven farce." Ready contended that the same groups have consistently complained about the county's 2021 precinct maps being discriminatory, yet now seek to reinstate those very maps to continue their litigation. He also pointed out that all November races affected by the redrawn boundaries currently feature unopposed candidates, suggesting that the court's opinion will not ultimately alter the outcome for commissioner, justice of the peace, or constable positions.

This ruling clarifies that Texas counties cannot unilaterally redraw election precinct boundaries after primary elections have occurred, establishing a precedent for election uniformity under the Texas Election Code. Lawyers advising local governments or political campaigns must ensure redistricting efforts comply with this timing constraint to avoid legal challenges.

Source: Original reporting via Courthouse News Service.