Galveston County cannot use new precinct map in November, Texas Supreme Court rules

AUSTIN, Texas - The Texas Supreme Court ruled that Galveston County cannot use a newly approved precinct map in November's general election.

Galveston County approves new precinct map between primary and general elections

What they're saying:

While the court recognized the county's power to redraw precinct maps, they said that power did not include the power "to change the lines applicable to an election after the election has begun." The court said both the primary election and general election were considered one election.

"The very purpose of the primary election is to identify the candidates for a specific position representing a specific constituency, one of whom will be chosen in the general election. Decoupling the two changes the nature of both," the court wrote. "The result would affect both candidates, who suddenly would be running in a different race than the one they started, and voters, who would be presented with candidates on their general-election ballot for whom they had no opportunity to vote in the primary. Indeed, some voters could be presented with no candidates for certain offices at all despite participating in the primary."

The backstory:

The maps were passed during a June 28 commissioners court meeting. The justification for passing the new map was the commissioners' desire to divide the current boundaries and "determined that the interests of the people of the county are best served by changing the existing commissioners, constables, and justices of the peace precinct boundaries," court documents state.

The idea that the county would use the newly drawn maps came from a federal court hearing in a challenge to 2021 county maps that challengers argue are unlawful and intentionally discriminatory racial gerrymandering.

The new map was challenged in court by a Galveston County constable and two county residents who said the map change denied some voters the opportunity to participate, some potential candidates their opportunity to run in the primary, denied some voters who voted in the primary from voting for their candidate in November and nullified the votes cast under the old map.

What they're saying:

Mark Gaber, the senior director of redistricting for Campaign Legal Center, celebrated the court's decision, while saying they would continue to challenge the 2021 maps.

"Electoral systems that intentionally discriminate against voters in communities of color deprive voters of an equal opportunity to participate in the political process," Gaber said. "While we celebrate this victory at the Texas Supreme Court, we are still continuing our fight in Galveston to ensure that any discriminatory maps are struck down, so all voters can make their voices heard."

The other side:

Paul Ready, Galveston County general counsel, called the motion to the court a "litagation-driven farce."

"For five years, the same groups have complained that they believe the County’s 2021 precinct maps are discriminatory. Now, they want the County to put the allegedly-discriminatory maps back so they can continue litigating against the very same map they had reinstated," he said.

Ready said the candidates in the impacted precincts were all running unopposed in their respective relections.

"Just to be clear, it is a 100% certainty that today’s opinion will not change who is a commissioner, justice of the peace, or constable in Galveston County on January 1, 2027," Ready said.

The groups against the maps have previously argued that changing the map after the primary election had an impact on potential candidates in those precincts.

Ready said the county planned to ask the Texas Supreme Court to consider the impacts of the decision with around a week before mail ballots are required to be sent to military members overseas.

"We sincerely hope that there will not be a single man or woman in uniform whose right to vote for their congressman, governor, senator, or Texas Supreme Court Justice is compromised while we attempt to modify uncontested local races," Ready said.

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