A divided three-judge panel reinstated a temporary restraining order preventing Travis Co. Clerk Dana DeBeauvoir from rejecting an application for a ballot by mail filed on the basis of COVID-19. The decision from the Fourteenth Court of Appeals was procedural and not on the merits of the case.

“We conclude that such a temporary order is necessary in this case to preserve the parties’ rights,” wrote Justice Meg Poissant (D) for the majority. Justice Greg Zimmerer (D) also sided against Atty. Gen. Ken Paxton (R). Justice C.J. Frost (R) dissented, arguing that the majority applied an appellate procedure rule incorrectly in this case.

Paxton sought to set aside the order District Judge Tim Sulak (D) issued last month while the state pursues its appeal. DeBeauvoir, the actual defendant in the case, did not appeal the decision.

“We look forward to the Texas Supreme Court resolving this issue,” said a spokesperson for Paxton.

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