Case 5:20-cv-00830-JKP Document 1 Filed 07/16/20 Page 1 of 45
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`SAN ANTONIO DIVISION
`
`MI FAMILIA VOTA, TEXAS STATE
`CONFERENCE OF THE NATIONAL
`ASSOCIATION FOR THE
`ADVANCEMENT OF COLORED
`PEOPLE, MICAELA RODRIGUEZ and
`GUADALUPE TORRES
`
`Plaintiffs
`
`vs.
`
`GREG ABBOTT, Governor of Texas;
`RUTH HUGHS, Texas Secretary of State,
`
`Defendants.
`
`No. 5:20-cv-00830
`
`PLAINTIFFS’ COMPLAINT
`
`INTRODUCTION
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`1.
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`In this time of unprecedented crisis, as the novel coronavirus and the resulting
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`respiratory illness, COVID-19, ravage our country and threaten the health and life of anyone who
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`contracts the disease, Defendants have failed to ensure that voters in Texas will be able to safely
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`cast their ballots in upcoming elections. As a result, voters in Texas will be forced to face a
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`constitutionally unacceptable choice: exercising their right to vote, or protecting their own lives
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`and the lives of their loved ones and community. Plaintiffs bring this case because there are
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`practical and constitutionally-required measures that both protect the public health and guarantee
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`the right to vote: namely, opening additional polling stations and expanding the availability of
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`early voting (thereby reducing long wait times and large crowds), and ensuring that voters may
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`use paper ballots in lieu of electronic voting machines (thereby reducing the risk of
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`contamination of using a heavily-trafficked touch-screen voting device and long delays
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`associated with disinfecting voting machines between uses).
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`2.
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`Across the country, more than 138,000 people have already died, and more than
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`3.4 million cases have been confirmed.
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`3.
`
`There is no vaccine for the coronavirus, and there is likely not going to be one for
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`at least another year, if then. There is no cure, and only limited treatments.
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`4.
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`The Texas 2020 elections will put voters at risk of transmitting or being infected
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`with the coronavirus. But the risk will not be shared equally. Some voters will be able to vote
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`easily by mail. Others will not. Some will have easy access to early voting locations. Others
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`will not. And some will be able to vote quickly on Election Day by a hand-marked paper ballot
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`handled by a single poll worker, or on a properly disinfected machine. Others will have to wait
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`for hours at understaffed locations, without the option to vote on a hand-marked paper ballot,
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`forced to vote on a machine used by dozens or hundreds of voters, which should, but might not,
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`be properly disinfected after each use, much less protected from aerosolized particles from the
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`last voter’s breathing in the same space. Even if election administrators take some steps to
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`protect public health, under current plans, those steps are not sufficient to protect voters and may,
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`in some cases, exacerbate lines and the risk of virus transmission. Texas proposes to rely on
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`election policies that, during the pandemic, will create inordinate burdens on the right to vote.
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`The burden will be particularly high for Black and Latino voters. Without the relief this lawsuit
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`requests, voters’ exercise of the franchise will be compromised.
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`5.
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`Black, Latino, and Native American voters have been disproportionately affected
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`by the pandemic, experiencing higher incidences of coronavirus infection, hospitalization, and
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`fatalities. They also face greater risks to their health by voting, particularly because Defendants
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`have reduced the number of polling places available in their communities, exacerbating the
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`health and safety risks of overcrowding during the pandemic.
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`6.
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`In the last ten years, the State of Texas, by and through Defendants, has made
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`participation in elections less accessible to voters in a variety of ways: it has shuttered more than
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`750 polling places, limited counties’ ability to provide flexible early voting places and hours, and
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`passed a rigid voter identification law repeatedly found to have violated Section 2 of the Voting
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`Rights Act. All of these actions create an election system in which the right to vote is already in
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`a precarious position. In the midst of the pandemic, these election practices will impose an
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`unconstitutional burden on the right to vote.
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`7.
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`Many counties in Texas require all voters to use electronic voting machines,
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`forcing all voters to handle shared surfaces and often to be in close quarters with poll workers,
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`not to mention the unreasonably burdensome delays that would be associated with using such
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`machines if proper disinfection procedures are implemented between uses.
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`8.
`
`Under normal conditions, the aforementioned measures already undermine the
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`freedom and fairness of Texas elections. For example, in Texas’s most recent election, held on
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`March 3, 2020 (before social distancing measures were put in place because of COVID-19),
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`voters throughout Texas waited for hours after the polls closed to vote because of insufficient
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`polling places, voting machines, and poll workers. See Alex Ura, “Texas Lawmakers to Hold
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`Hearing into Excessive Super Tuesday Voting Lines,” Texas Tribune (Mar. 5, 2020),
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`https://www.texastribune.org/2020/03/05/texas-lawmakers-excessive-voting-lines-primary/.
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`9.
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`Now, during the pandemic, insufficient polling places, unreliable and unsafe
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`voting machines, long lines, crowds, and other barriers will de facto force voters out of the
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`political process.
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`10.
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`Regardless of the lawfulness of these voting burdens under standard conditions,
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`under pandemic conditions, Defendants’ actions and the resulting Texas voting infrastructure
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`unlawfully burden Texans’ right to vote.
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`11.
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`Other states have failed to take appropriate steps to protect voters during the
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`pandemic, and the results have been disastrous for voters and the states as a whole. In April,
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`ahead of its primary election, Wisconsin abruptly closed a number of its polling places and was
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`unprepared for the deluge of vote-by-mail requests it received. As a result, thousands of people
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`were disenfranchised, and dozens of people can now trace their coronavirus infections directly to
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`having voted in person in Wisconsin. Nicholas Reimann, “Coronavirus Infections Spiked in
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`Wisconsin After In-Person Election, Study Says,” Forbes, May 19, 2020, https://bit.ly/31gjR5w.
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`12.
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`Georgia’s primary elections in June were plagued by closed polling locations, a
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`shortage of poll workers, e-pollbook and voting machine failures, and a lack of back-up paper
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`pollbooks and ballots. Thousands of voters had to wait in line for hours in many counties
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`throughout the state, including in Fulton County, where Atlanta is located. As a result, many
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`voters were forced to either go home without voting, or to remain in line for hours in conditions
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`conducive to the spread of COVID-19. Amy Gardner, et al., “In Georgia, Primary Day Snarled
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`By Long Lines, Problems With Voting Machines—A Potential Preview of November,” Wash.
`
`Post, June 9, 2020, https://wapo.st/3eybzcW.
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`13.
`
`Defendants must take swift action to avoid placing Texas voters at similar risk
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`and to protect Texans’ right to vote in upcoming elections.
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`14.
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`Defendants must make immediate changes to in-person voting protocols to ensure
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`that all voters—no matter how they choose or need to vote—can do so safely and with minimal
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`risk to their health and to other voters, poll workers, and the Texas community.
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`JURISDICTION AND VENUE
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`15.
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`Plaintiffs bring this action pursuant to 42 U.S.C. §§ 1983 and 1988 for violations
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`of their rights under the First, Fourteenth, and Fifteenth Amendments to the U.S. Constitution;
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`and Section 2 of the Voting Rights Act of 1965, 42 U.S.C. § 1973.
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`16.
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`This Court has jurisdiction under Article III, § 2 of the United States Constitution,
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`and pursuant to 28 U.S.C. §§ 1331, 1343, and 1357.
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`17.
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`This Court has authority to issue declaratory and injunctive relief pursuant to 28
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`U.S.C. §§ 2201 and 2202.
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`18.
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`Venue in this district is proper under 28 U.S.C. § 1391 because some of the
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`parties, including at least one of the Defendants, reside in this District, and a substantial part of
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`the events or omissions giving rise to this claim occurred in this District.
`
`I.
`
`Plaintiffs
`
`PARTIES
`
`19.
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`Plaintiff Mi Familia Vota is a national, non-profit civic engagement organization
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`that unites Latino, immigrant, and allied communities to promote social and economic justice.
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`Mi Familia Vota encourages voter registration and participation, and has challenged voter
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`suppression around the nation. It has operations in six states, including Texas.
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`20.
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`Plaintiff Mi Familia Vota has had to divert personnel, time, and resources away
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`from its planned activities due to the conduct alleged here. Specifically, Mi Familia Vota has
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`spent money, time, and other resources to provide voter registration support and educate voters
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`about the voting restrictions listed above that already disparately impact Latino voters, to focus
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`on Texas’s failure to adequately prepare to hold elections during the pandemic, and to try to
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`protect Latino and immigrant communities from contracting coronavirus on Election Day.
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`Plaintiff Mi Familia Vota will continue to suffer such injuries, spending additional money and
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`time, throughout the duration of the pandemic unless Texas takes appropriate steps to protect the
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`free and fair exercise of the right to vote.
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`21.
`
`Texas’s failure to protect voters from unnecessary health risks during the
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`pandemic has detracted from Mi Familia Vota’s fundamental mission, which includes supporting
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`Latino voters and encouraging voting. Mi Familia Vota will be injured by Texas’s continued
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`refusal to protect voters’ rights during the pandemic. For example, Defendants’ failure to
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`provide sufficient opportunities for early voting, to open additional polling locations, or to permit
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`voting by paper ballot are all likely to contribute to public distrust in the safety of polling
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`locations as well as very long voting lines. Thus, Mi Familia Vota will have to commit
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`additional resources, and divert them from other programs, in order to educate voters about the
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`best ways to vote safely and to encourage them to vote notwithstanding the unreasonable burdens
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`imposed by Defendants, as alleged herein.
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`22.
`
`Plaintiff Texas State Conference of the National Association for the Advancement
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`of Colored People (“NAACP”) brings this action on its own behalf and on behalf of its members
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`and constituents. The NAACP is a nonpartisan, nonprofit organization founded in 1909. The
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`first Texas branches of the NAACP were formed in 1915, and the Texas State Conference was
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`formally organized in 1937. The Texas State Conference of the NAACP’s primary office is
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`located in Austin, but the organization has over 100 units statewide, including in San Antonio. A
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`large portion of the organization’s more than 10,000 members are Texas residents who are
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`registered to vote in Texas. The NAACP’s membership consists largely of African Americans,
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`and it considers its constituents and supporters to be people of color and/or members of other
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`underrepresented and vulnerable populations, such as those with disabilities. The NAACP’s
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`members and constituents are more likely than other populations to live in poverty, and suffer
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`from underlying conditions that put them at risk of becoming more seriously ill from COVID-19.
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`23.
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`The NAACP’s mission is to secure the political, educational, social, and
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`economic equality of rights in order to eliminate race-based discrimination and ensure the health
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`and well-being of all persons. To achieve its mission, the NAACP engages in voter education
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`and registration activities such as Project VIER (“Voter Information, Education, and
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`Registration”) in churches, neighborhoods, and on college campuses across the state to reach
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`voters and help them to register and, eventually, to vote. Project VIER was created in 2015 to
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`celebrate the 100-year anniversary of the Voting Rights Act. Defendants’ voting procedures and
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`acts and omissions described herein frustrate the NAACP’s mission and cause the NAACP to
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`divert resources from other programs and initiatives in order to assist the NAACP’s members
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`and constituents, and the public generally, in Texas with overcoming the burdens imposed on
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`their right to vote by Defendants. In the context of COVID-19, these burdens are even more
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`severe, and the resources that NAACP will need to divert from its other programs in order to
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`combat burdens imposed by Defendants’ challenged actions are even more substantial. For
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`example, Defendants’ failure to provide sufficient opportunities for early voting, to open
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`additional polling locations, or to permit voting by paper ballot are all likely to contribute to
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`public distrust in the safety of polling locations as well as very long voting lines. Thus, NAACP
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`will have to commit additional resources, and divert them from other programs, in order to
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`educate voters about the best ways to vote safely and to encourage them to vote notwithstanding
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`the unreasonable burdens imposed by Defendants, as alleged herein. NAACP has already done
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`so by initiating campaigns calling on Election Officials to, among other things, enforce social
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`distancing, introduce social barriers separating voters from election officials, provide readily
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`available alcohol-based wipes known to kill the virus, retain twice the number of poll workers as
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`the 2016 elections, ensure sanitization of all areas likely to be touched by voters between uses,
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`require persons at polling places to wear masks, supply poll workers with sufficient gloves and
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`sanitizer for their personal use, use spacious locations with adequate room for lines, add
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`additional polling places, allocate machines where there are slow lines and large crowds with
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`adequate personnel to operate them, and permit curbside voting.
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`24.
`
`Plaintiff Micaela Rodriguez is a registered voter in Texas. She lives in Cypress,
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`Texas, and has voted in midterm and general elections since approximately 2015. She voted in
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`the March 2020 primary elections, but had to wait in line for more than two hours in order to
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`vote. She has always voted in person, and has voted on rotary-style voting machines. However,
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`she currently lives with several family members, including her young children and her mother
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`who is nearly 60 years old and suffers from a number of health issues that place her at high risk
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`for serious COVID-19 illness. She plans to vote in the November 2020 elections, but may not be
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`able to do so if the procedures in place for elections make voting practically impossible because
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`they create a serious risk of virus transmission.
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`25.
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`Plaintiff Guadalupe Torres is a registered voter in Texas. She lives in Lewisville,
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`Texas, and voted in person on Election Day in Texas during the 2018 general election and the
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`2020 primary election. She wants to vote in the 2020 general election. However, she lives with
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`her parents, and her father is at high risk for serious COVID-19 illness. Her family is practicing
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`social distancing and taking precautions to protect themselves from the coronavirus. She does
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`not currently qualify to vote by mail under Texas rules. Thus, to exercise her right to vote, Texas
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`officials require her to present in-person at a physical polling place.
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`II.
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`Defendants
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`26.
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`Defendant Greg Abbott is the Governor of Texas, who is sued in his official
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`capacity.
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`27.
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`Defendant Ruth Hughs is the Texas Secretary of State, who is sued in her official
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`capacity.
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`FACTS
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`I.
`
`The COVID-19 Pandemic
`A.
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`General Background: The Contagious Virus Is Difficult to Stop and Masks
`Have Limited Effectiveness
`
`28.
`
`The SARS-CoV-2 coronavirus (“coronavirus”) causes Coronavirus Disease 2019
`
`(“COVID-19”), which has been spreading throughout the United States since approximately
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`January 2020.
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`29.
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`On March 11, 2020, the World Health Organization’s Director-General declared
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`that the rapid and global spread of SARS-CoV-2 could be characterized as a pandemic.1 The
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`United States-based Centers for Disease Control and Prevention followed suit on March 27,
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`2020.2
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`30.
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`The coronavirus primarily spreads between people through respiratory droplets
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`produced by the infected person. The risk that the coronavirus will spread to another person
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`increases when the infected person sneezes, coughs, exhales deeply, or speaks—whereby
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`droplets with virus may be suspended in air for up to hours at a time—and when an infected
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`1 https://www.who.int/dg/speeches/detail/who-director-general-s-opening-remarks-at-the-media-briefing-on-covid-
`19---11-march-2020
`2 https://wwwnc.cdc.gov/travel/notices/warning/coronavirus-global
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`person stands within six feet of other people for an extended period of time. This means that a
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`heavily trafficked machine will substantially increase the risk of COVID-19 transmission.
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`31.
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`The coronavirus can also spread when a person touches a surface or object that
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`has the virus on it and then touches his or her own mouth, nose, or eyes. The surface
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`contamination may last several days. For example, the coronavirus has been found to survive on
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`plastic for 3 days. Neeltje van Doremalen et al., “Aerosol and Surface Stability of SARS-CoV-2
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`as Compared With SARS-CoV-1,” Letter to the Editor, New England Journal of Medicine (Mar.
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`17, 2020), https://bit.ly/2Uibd28. Other coronaviruses have been found to survive for 4 to 5 days
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`on glass surfaces. G. Kampf et al., “Persistence of Coronaviruses on Inanimate Surfaces and
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`Their Inactivation With Biocidal Agents,” 104 J. of Hospital Infection 246 (Mar. 2020),
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`https://bit.ly/3fnITn1. Thus, without frequent disinfection, there is a significant risk that a
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`surface touched by an infected person will contaminate others.
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`32.
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`Further, persons who contract the virus but do not exhibit symptoms can spread
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`the virus to others. Thus, attempts to contain the virus merely by avoiding persons who show
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`symptoms have limited preventative effect because asymptomatic carriers play a significant role
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`in its spread.
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`33.
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`To prevent infection, the CDC recommends that people wash their hands often,
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`maintain a distance of at least six feet from other people, refrain from gathering in groups or
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`going to crowded places (known as “social distancing”), routinely clean and disinfect frequently
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`touched surfaces, and wear cloth face covers.
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`34.
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`The CDC cautions that wearing cloth face covers is not a substitute for social
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`distancing because masks merely mitigate, but do not eliminate, the risk of contracting or
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`spreading coronavirus.
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`35.
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`Because of the highly contagious nature of the coronavirus, the CDC and the
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`Texas Health and Human Services Department instruct people who have COVID-19 to stay at
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`home except to seek medical care, and not to go to public places. CDC, “What To Do If You
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`Are Sick,” updated May 8, 2020, https://bit.ly/3d0WSxg; Texas Dep’t Health and Human
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`Services, “Coronavirus Disease 2019 (Covid 19): What To Do If You Are Sick,”
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`https://bit.ly/2B1n39S (recommending that people with COVID-19 call their doctors and stay
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`home, and follow CDC recommendations).
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`36.
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`The CDC recommends that people at higher risk for severe illness “stay home and
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`avoid close contact” whenever possible. This includes people over the age of 65, people who
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`live in nursing homes and long-term care facilities, people with underlying medical conditions
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`including chronic lung disease, moderate to severe asthma, and serious heart conditions, people
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`who are immunocompromised (due to cancer treatment, smoking, bone marrow or organ
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`transplants, immune deficiencies, HIV/AIDs, or prolonged use of corticosteroids and other
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`immune weakening medications), people with severe obesity, people with diabetes, people with
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`chronic kidney disease, and people with liver disease. See CDC, “How to Protect Yourself &
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`Others,” https://bit.ly/3dS54Be; CDC, “People Who Are At Higher Risk for Severe Illness,”
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`https://bit.ly/3hip2r4.
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`37.
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`The CDC has recognized homeless people as being a “particularly vulnerable
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`group” during the pandemic. CDC, “People Experiencing Homelessness,” https://bit.ly/3f93L18.
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`38.
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`The CDC also recommends that people should “Stay home and avoid close
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`contact” if they “may have issues getting assistance if [they] get sick.” CDC, “How to Protect
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`Yourself & Others,” https://bit.ly/3dS54Be.
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`B.
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`39.
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`Health Effects: Death, Hospitalization, and Permanent Organ Damage
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`As the commissioner of Texas’s Department of State Health Services declared on
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`March 19, 2020, COVID-19 “has created an immediate threat, poses a high risk of death to a
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`large number of people, and creates a substantial risk of public exposure because of the disease’s
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`method of transmission and evidence that there is community spread in Texas.”3
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`40.
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`According to the CDC, “anyone can have mild to severe symptoms,” symptoms
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`may appear 2-14 days after exposure to the virus, and symptoms may include: fever or chills,
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`cough, shortness of breath, fatigue, muscle and body aches, headache, new loss of taste or smell,
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`sore throat, congestion or runny nose, nausea or vomiting, and diarrhea.4
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`41.
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`Critical forms of the illness can result in respiratory failure, shock, or multi-organ
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`system dysfunction.5
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`42.
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`Scientists continue to study the long-term health consequences of COVID-19 on
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`individuals who recover, but early reports indicate that the virus may cause strokes and blood
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`clots; renal failure; permanent damage to the cardiovascular system; permanent damage to the
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`lungs; and neurological complications such as muscular weakness, numbness, and burning or
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`prickling sensations.6 Moreover, even people who are not in high risk categories—such as
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`younger individuals who are otherwise healthy—may suffer these long-term health effects if they
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`contract the coronavirus.
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`43.
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`COVID-19 also can be fatal. As of this date, the pandemic has killed more than
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`138,000 Americans.
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`3 https://dshs.texas.gov/news/updates.shtm
`4 https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html
`5 https://www.cdc.gov/coronavirus/2019-ncov/hcp/clinical-guidance-management-patients.html
`6 https://www.advisory.com/daily-briefing/2020/06/02/covid-health-effects;
`https://www.centralillinoisproud.com/news/local-news/surviving-covid-19-is-only-part-of-the-battle-health-
`officials-say-long-term-effects-will-determine-if-they-fully-recover/;
`https://www.vox.com/2020/5/8/21251899/coronavirus-long-term-effects-symptoms.
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`44.
`
`As of July 15, 2020, the Texas Department of Health and Human Services has
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`reported more than 275,000 infections and 3,322 deaths from the novel coronavirus.
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`45.
`
`COVID-19 has a significantly higher mortality rate than the common flu, and it
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`spreads more easily than the common flu.
`
`46.
`
`Finally, recent studies suggest that an infected person’s immunity to the novel
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`coronavirus may only last for a short time. See Prof. Marina Pollan, MD and Miguel A. Hernan,
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`Prevalence of SARS-CoV-2 in Spain (ENE-COVID): a nationwide, population-based
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`seroepidemiological study, The Lancet (July 6, 2020),
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`https://www.thelancet.com/journals/lancet/article/PIIS0140-6736(20)31483-5/fulltext (finding
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`that a majority of the Spanish population did not test positive for the presence of antibodies, even
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`in hotspot areas); see also Amanda Heidt, Studies report rapid loss of COVID-19 antibodies, The
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`Scientist (June 19, 2020), https://www.the-scientist.com/news-opinion/studies-report-rapid-loss-
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`of-covid-19-antibodies-67650 (reporting patients may lose antibodies associated with long-term
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`immunity “within weeks or months after recovery”). This finding makes it all the more difficult
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`for people to protect themselves and, as The Lancet researchers found, “emphasizes the need for
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`maintaining public health measures to avoid a new epidemic wave.”
`
`C.
`
`47.
`
`Disproportionate Impact on Black, Latino, and Underserved Voters
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`Black and Latino people are disproportionately likely to contract COVID-19 and,
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`once they are infected, are disproportionately likely to die from the disease. As Governor Abbott
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`and the Texas Division of Emergency Management have acknowledged, “underserved and
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`minority communities . . . have been disproportionately impacted by the virus,” and, in June,
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`they began working with local officials to establish better testing options for these cities and
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`communities. Press Release, “Governor Abbott, TDEM Announce Expanded Testing in
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`Underserved Communities Disproportionately Impacted By COVID-19,” June 8, 2020,
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`https://bit.ly/2XOdhAV.
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`48.
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`Nationwide, Black people account for 13% of the population but 24% of COVID-
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`19 fatalities where the race is known, indicating that Black people are dying at a rate nearly two
`
`times higher than their population share. Because of underreported race data, this rate may be
`
`higher than reported. The COVID Racial Data Tracker, https://covidtracking.com/race.
`
`49.
`
`U.S. Surgeon General Jerome Adams explained in April that people of color are
`
`experiencing higher rates of infection, illness, and death because they are less likely to be able to
`
`work from home, and more likely to live in dense, multi-generational housing. White House
`
`April 10, 2020 Press Briefing, https://bit.ly/2MoimJx.
`
`50.
`
`Recent investigations suggest that these disparities hold true nation-wide, and
`
`there is no reason to suspect that the results are different in Texas. According to a study by The
`
`New York Times, the average rate of coronavirus infection is over three times higher for Black
`
`and Latino people than for white people. Richard A. Oppel Jr., et al., The Fullest Look Yet at the
`
`Racial Inequity of Coronavirus, N.Y. Times (July 5, 2020),
`
`https://www.nytimes.com/interactive/2020/07/05/us/coronavirus-latinos-african-americans-cdc-
`
`data.html. According to The New York Times:
`
`Early numbers had shown that Black and Latino people were being
`harmed by the virus at higher rates. But the new federal data—
`made available after The New York Times sued the Centers for
`Disease Control and Prevention—reveals a clearer and more
`complete picture: Black and Latino people have been
`disproportionately affected by the coronavirus in a widespread
`manner that spans the country, throughout hundreds of counties in
`urban, suburban, and rural areas, and across all age groups. Latino
`and African-American residents of the United States have been
`three times as likely to become infected as their white neighbors,
`according to the new data, which provides detailed characteristics
`of 640,000 infections detected in nearly 1,000 U.S. counties. And
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`Case 5:20-cv-00830-JKP Document 1 Filed 07/16/20 Page 15 of 45
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`Black and Latino people have been nearly twice as likely to die
`from the virus as white people, the data shows.
`
`51.
`
`Limited access to health and wealth have led to racial ethnic disparities in
`
`COVID-19 infection and fatality rates. Black and Latino people are over-represented in essential
`
`jobs that require them to work out of the home, experience high rates of poverty, have less access
`
`to quality health care, and are more likely to live in multi-generational housing conditions, all of
`
`which increase the risk of exposure and community spread in Black and Latino communities,
`
`and increase the risk that exposure will result in serious COVID-19 illness. Maria Goody, “What
`
`Do Coronavirus Racial Disparities Look Like State By State?” NPR, May 30, 2020,
`
`https://n.pr/2YymPAy.
`
`52.
`
`The same trends hold true in Texas, although the State of Texas has made it more
`
`difficult to track those trends by limiting the type of information collected from residents.
`
`53.
`
`Statewide, Texas has reported race and ethnicity data for only 8% of reported
`
`COVID-19 cases, and only 20% of COVID-19 fatalities. COVID Tracking Project, Racial Data
`
`Dashboard, https://covidtracking.com/race/dashboard (last accessed July 15, 2020).
`
`54.
`
`Of the cases for which race and ethnicity data is available, Black and Latino
`
`Texans are disproportionately impacted by COVID-19.
`
`55.
`
`In Travis County, Latino residents comprise 51% of COVID-19 hospitalizations
`
`but only 33.9% of the population. Alyssa Goard, “Hispanic and Black Residents Make Up a
`
`Disproportionate Number of Austin COVID-19 Hospitalizations,” May 5, 2020,
`
`https://bit.ly/2AvHA6d.
`
`56.
`
`Further, Moore County, Texas, has one of the top twenty highest rates of infection
`
`in the country. The COVID Racial Data Tracker, https://covidtracking.com/race.
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`Case 5:20-cv-00830-JKP Document 1 Filed 07/16/20 Page 16 of 45
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`Approximately 55% of Moore County’s population identify as Hispanic or Latino. U.S. Census,
`
`Moore County, Texas, https://bit.ly/3gM29vQ.
`
`57.
`
`Numbers of infection and fatality rates for Latino and Black people in Texas are
`
`likely underreported due to unequal availability of testing. For example, in four major cities in
`
`Texas—Dallas, El Paso, Austin, and Fort Worth—public COVID-19 testing sites are
`
`disproportionately distributed in whiter neighborhoods. Stephanie Adeline, “In Large Texas
`
`Cities, Access To Coronavirus Testing May Depend on Where You Live,” NPR, May 27, 2020,
`
`https://n.pr/2Y0ZIx3.
`
`58.
`
`Texas has not gathered demographic data on many COVID-19 patients and
`
`fatalities and has failed to provide sufficient data to allow researchers to clearly distinguish
`
`between Latino and non-Latino white Texans, which means that infections and fatalities may be
`
`underreported in key communities, including amongst Latino Texans. And Texas does not
`
`report race and ethnicity according to U.S. Census categories. For instance, Native Americans
`
`with COVID-19 are labeled as “Other,” which means that data on infections amongst Native
`
`American voters are not being collected or reported.
`
`59.
`
`The disproportionate infection rate and the more severe health consequences that
`
`Black and Latino people face from the coronavirus mean that voting procedures that fail to
`
`provide the necessary health and safety protections to all voters in the context of this pandemic
`
`will disproportionately burden the rights of Black and Latino voters, in particular. Thus, Texas’s
`
`voting procedures abridge and deny the equal rights of Black and Latino communities to
`
`participate in the voting process on account of their race.
`
`60.
`
`Voting in Texas is racially polarized: in 2014, the Pew Research Center reported
`
`that 58% of white Texans identified as “Republican/lean Republican,” in comparison with 9% of
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`Case 5:20-cv-00830-JKP Document 1 Filed 07/16/20 Page 17 of 45
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`Black Texans and 25% of Latino Texans. Party affiliation among adults in Texas by
`
`race/ethnicity, PEW RESEARCH CENTER, https://www.pewforum.org/religious-landscape-
`
`study/compare/party-affiliation/by/racial-and-ethnic-composition/among/state/texas/. In the
`
`2016 Presidential election, 69% of white Texas voters voted for Donald Trump as compared to
`
`11% of Black Texas voters and 34% of Latino Texas voters. Exit Polls, CNN (Nov. 15