Texas Supreme Court rules against mail-in ballots over COVID-19 concerns

The lacking immunity or fear of COVID-19 or the novel coronavirus does not qualify Texans for a mail-in ballot, the Texas Supreme Court ruled on May 27. The ruling overturns a previous decision made by Texas federal judge Fred Biery, on May 20, that all voters afraid of catching the COVID-19 can request absentee mail-in ballots due to the pandemic.

Biery ruled that “disability” extends to registered voters who lack immunity from COVID-19 and fear infection at polling places. Texas’ election code defines “disability” as “a sickness or physical condition that prevents the voter from appearing at the polling place on election day without a likelihood of needing personal assistance or of injuring the voter’s health.”

In the Texas Supreme Court’s decision Chief Justice Nathan Hecht wrote, “We agree, of course, that a voter can take into consideration aspects of his health and his health history that are physical conditions in deciding whether, under the circumstances, to apply to vote by mail because of disability. We disagree that lack of immunity, by itself, is one of them. As we have said, the decision to apply to vote by mail based on a disability is the voter’s, subject to a correct understanding of the statutory definition of ‘disability.’”

For the full story, see the Wednesday, June 3 edition of The Graham Leader.