A federal appeals court has suspended a judge's order requiring people in Texas to wear face masks inside polling stations.
The 5th U.S. Circuit Court of Appeals stayed U.S. District Judge Jason Pulliam's order late Wednesday. Three judges appointed by President Donald Trump granted an administrative stay, which stops the federal judge's order from going into effect while the court decides whether to uphold it, Fox News reported.
Pulliam ruled this week, not requiring face coverings inside Texas polling places created a discriminatory burden on Black and Latino voters, who face higher risks of death and severe illness from the coronavirus.
"This discriminatory effect can be eliminated, or at least mitigated, if all people wear masks at polling sites," Pulliam wrote.
Texas elections administrators had expected Pulliam's ruling to be put on hold and did not begin enforcing his order requiring face coverings. Texas has had a statewide mask mandate since July, but Republican Gov. Greg Abbott carved out an exception for polling places.
Abbott's order applies to counties with at least 20 positive COVID-19 cases, but exempts anyone who is "voting, assisting a voter, serving as a poll watcher, or actively administering an election."
Abbott has encouraged people to wear masks when they vote and has said his exemption was intended to keep people from being turned away when they showed up to vote.
More than 8 million votes have been cast early in Texas, which is nearly the total number that were cast in the nation’s second-largest state during the 2016 election. Early voting in Texas ends Friday.
The lawsuit seeking the mask requirement inside polling stations was filed by the Texas NAACP and the Latino rights group Mi Familia Vota.
"Black and Latino Texans . . . are more likely to become infected and more likely to suffer severe illness or to die of COVID-19," the plaintiffs said in the lawsuit. "Black and Latino voters in Texas also face longer lines at the polls, increasing their risk of transmission by exposing them to crowds of other voters and poll workers."
The Associated Press contributed to this report.
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