Voting Rights

A Texas County Redrew Its Voting Maps After the Primary. In Court, It Said Why: To "Increase Partisan Performance."

Galveston County held its March primary under one map, then adopted another in June. Some voters will cast November ballots in districts they never got to vote in. The county isn't hiding the reason.

A Texas County Redrew Its Voting Maps After the Primary. In Court, It Said Why: To "Increase Partisan Performance."

Here is a thing that is not supposed to be possible.

You vote in a primary in March. You help pick the nominees for your county commissioner, your justice of the peace, your constable. Then in June, the people you've been electing redraw the lines under your feet. In November you show up to vote in a different district — one whose nominees were chosen by somebody else, in a primary you were never part of.

That is what Galveston County, Texas has done. On Friday, August 14, the Texas Supreme Court refused to stop it.

The court didn't say the maneuver was legal. It said the plaintiffs had to go ask a lower court first: "The petition for writ of mandamus is denied without prejudice and without regard to the merits of Relators' arguments." The pro-voting side refiled with the Texas 14th Court of Appeals that same night.

But with the November election a few months out, "go start over in a different courthouse" is its own kind of answer.

The county isn't even pretending

Usually when politicians rig a map, they reach for a cover story. Population growth. Communities of interest. Administrative efficiency.

Galveston County went a different route. In its own filing to the Texas Supreme Court, the county argued that commissioners have plenty of legitimate reasons to move boundaries between a primary and a general election — including to "increase partisan performance (as here)."

Read the parenthetical again. As here. That is a county government telling the state's highest court, in writing, that it changed the districts mid-election to help its own party win.

The county judge said the same thing in public, and said it more plainly. When commissioners voted unanimously on June 29 to adopt the new precinct lines, County Judge Mark Henry put out a statement:

"It has always been my belief that overlapping constable, justice of Peace, and commissioner precincts would be the most efficient and beneficial setup. I ran on the promise of being a fiscal conservative and turning Galveston County Republican. This map accomplishes just that."

He ran on turning the county Republican. The map accomplishes that. He's telling you the map is the point.

Henry and all four county commissioners are Republicans. Henry himself is on the ballot in November.

What this does to actual voters

The practical damage is not abstract, and the people bringing the case laid it out.

  • Some voters will vote in November in a precinct whose nominees were chosen in a primary they weren't part of.
  • Some candidates were moved into different districts after the primary was over.
  • Some voters who cast a ballot for justice of the peace in March now have to wait until 2028 to vote for that office at all.

"The law does not allow the county to change the precinct boundaries after the primary and then hold a general election under different boundaries," attorney Chad Dunn wrote in the emergency petition, as reported by the Galveston County Daily News. "Doing so denies voters an equal opportunity to participate in the primary and, for some voters, delays their ability to vote for these offices by two years."

The county's response is that the Texas Constitution lets commissioners courts divide precincts "from time to time," and that nothing specifically bans doing it after a primary. "Galveston County's post-primary redistricting is not unconstitutional or prohibited under Texas law," county attorney Joseph R. Russo Jr. wrote.

Notice what that argument is. It is not this is fair. It is not voters aren't harmed. It is no law says we can't.

The county has one more point, and it's worth stating honestly: all five county offices on the November ballot were uncontested in the March primary, so no voter was denied a choice between rival nominees this year. Fine. That doesn't touch the voters who now wait until 2028 to vote for a justice of the peace. And it doesn't answer the real question, which is whether a county government gets to move the lines after voting starts at all. If the answer is yes because this year happened to be uncontested, the answer is yes next year too — when it isn't.

This is round two of the same fight

None of this started this summer. It started with a place called Precinct 3.

Precinct 3 was Galveston County's one commissioner precinct where Black and Latino voters together made up a majority of the electorate. It was where those communities built their political organizations, and it kept sending Stephen Holmes — the court's lone Democrat, appointed in 2011 and reelected in 2012, 2016 and 2020 — to the commissioners court.

In 2021, the county chopped it up. The new map split Black and Latino neighborhoods across all four precincts so that white voters made up at least 62% of every one of them. Black and Latino residents combine to make up nearly 40% of Galveston County's population — and after 2021 they were the majority of exactly nothing.

The U.S. Department of Justice thought that was bad enough to intervene four months later. In October 2023, U.S. District Judge Jeffrey V. Brown — appointed by Donald Trumpstruck the map down, ruling that it "denies Black and Latino voters the equal opportunity to participate in the political process and the opportunity to elect a representative of their choice to the commissioners court."

Henry's reaction then is worth keeping: "As County Judge, I have never lost a voting rights act case on appeal."

He was right. In August 2024, the full Fifth Circuit reversed Brown 12–5 — and to get there, it threw out its own 1988 precedent allowing different minority groups to join together in a vote-dilution claim. Judge Edith Jones wrote that Section 2 of the Voting Rights Act "does not authorize separately protected minority groups to aggregate their populations for purposes of a vote dilution claim." Judge Dana Douglas, in dissent, wrote that the majority "finally dismantled the effectiveness of the Voting Rights Act in this circuit, leaving four decades of en banc precedent flattened in its wake."

The racial gerrymandering and intentional discrimination claims in Petteway v. Galveston County are still alive. The county tried to argue that adopting a brand-new map in June made the whole lawsuit moot. Judge Brown rejected that in early August and let the case go forward.

So the sequence is: get sued for gutting the minority precinct, lose, win on appeal by getting the law rewritten, then redraw the lines again — and argue the new lines make the old lawsuit disappear.

Why now

Look at where this sits on the calendar.

Two months before that unanimous June vote, the U.S. Supreme Court decided Louisiana v. Callais. The 6–3 ruling, issued April 29, 2026, narrowed Section 2 of the Voting Rights Act — the ban on race-based gerrymandering — and made it substantially harder to bring a voter discrimination claim against a map at all.

Republican map-drawers across the country read that decision as a green light, and they moved fast. Tennessee split its only majority-Black congressional district into three within the week, and one of its congressmen said out loud that the state did it because Trump asked. In Utah, a member of Congress sued in federal court to throw out the map a judge had drawn to enforce the anti-gerrymandering law voters passed — then ran on that same map anyway.

Galveston County is the same play at the smallest scale — the level where nobody's watching, where the offices are constable and justice of the peace, and where a few thousand voters getting shuffled between precincts doesn't make national news.

The part that should bother everybody

Republicans have spent years telling us that elections need to be protected, that the rules must be ironclad, that any change to how voting works is a threat to integrity. That argument has been built on a fraud problem that doesn't exist.

Here is a real, documented, admitted change to the rules of an election while that election was already underway — and the people who made it are the same ones who lecture us about integrity. The county didn't get caught. It volunteered the reason in a court filing.

Galveston County resident Lucille McGaskey put it better than any lawyer has:

"The redrawn lines will not give a minority candidate a fair shot. They drew the lines for them to pick the politician. This is not for the people to pick the politician."

That is the whole thing. When you can change the district after the votes are counted, you're not standing for election anymore. You're selecting your electorate.

The fight moves to the Texas 14th Court of Appeals, and then probably to a trial court, with November closing in fast.

Source

Texas Supreme Court Refuses to Stop GOP-Led County from Changing Voting Maps Between Primary and November Election — Yunior Rivas, Democracy Docket, August 14, 2026. Photo: AP Photo/Eric Gay, File.