Texas Supreme Court refuses to stop GOP-led county from changing voting maps between primary and November election

The Texas Supreme Court Friday denied an emergency effort to stop Galveston County from using newly drawn voting districts in the November election, allowing the Republican-led county’s unprecedented post-primary map switch to move forward for now.

But the ruling leaves the door open for pro-voting plaintiffs to challenge the plan in a lower court.

The court denied a petition from Galveston County officials and candidates Derreck Rose, Wilma Green and Diane Merchant, who asked the state’s highest court to block the county from implementing new district lines after voters had already selected candidates under a different map in the March primary. The plaintiffs filed their emergency petition Aug. 4.

The court did not decide whether Galveston County’s maneuver is legal. Instead, it held that the plaintiffs must first take their challenge to a lower court.

“The petition for writ of mandamus is denied without prejudice and without regard to the merits of Relators’ arguments,” the court wrote. “The matter should first be presented to a lower court.”

The phrase “without prejudice” means the plaintiffs are not barred from bringing their claims again after seeking relief from a lower court.

The decision comes amid an extraordinary attempt by Galveston County to change the rules of its 2026 elections after voting was already underway. The county held its March primaries using one set of precinct boundaries, then adopted new lines in June for county commissioner, justice of the peace and constable precincts.

That means some voters could cast ballots in November in districts different from the ones in which they participated during the primary. Some candidates were also moved into different districts after the primary had already taken place, creating a situation in which voters never had the opportunity to help choose the party nominees who could appear on their general election ballots.

The county has openly acknowledged the partisan motivation behind the change.

In its response to the Texas Supreme Court, Galveston County argued that commissioners could have several reasons to change boundaries between a primary and general election, including to “increase partisan performance (as here).”

The dispute grew out of the yearslong Petteway redistricting litigation challenging Galveston County’s maps. A federal judge previously struck down the county’s 2021 map under the Voting Rights Act before the Fifth Circuit Court of Appeals reversed that ruling.

Remaining intentional discrimination and racial gerrymandering claims are still being litigated.

Friday’s ruling is a significant procedural setback for the pro-voting plaintiffs, not a court endorsement of Galveston County’s post-primary redistricting plan. The next fight is likely to move quickly to a Texas trial court as the November election approaches.