Texas Supreme Court: Lack of immunity to coronavirus alone isn't enough for mail-in ballot

[alp227]

Source: The Texas Tribune

The Texas Supreme Court on Wednesday ruled that a lack of immunity to the new coronavirus does not qualify a voter to apply for a mail-in ballot.

In the latest twist in the legal fight over voting by mail during the coronavirus pandemic, the court agreed with Texas Attorney General Ken Paxton that the risk of contracting the virus alone does not meet the state’s qualifications for voting by mail.

“We agree with the State that a voter’s lack of immunity to COVID-19, without more, is not a ‘disability’ as defined by the Election Code,” the court wrote.

Texas voters can qualify for mail-in ballots only if they are 65 years or older, have a disability or illness, will be out of the county during the election period, or are confined in jail. The Texas election code defines disability as a “sickness or physical condition” that prevents a voter from appearing in person without the risk of “injuring the voter’s health.”

Read more: https://www.texastribune.org/2020/05/27/texas-vote-by-mail-coronavirus/

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Link to full decision: In re State of Texas (No. 20-0394)

[pwb]

1. Things like this are turning Texas blue.

Please continue.

[Sanity Claws]

2. Can the bribe(s) be traced?

[bucolic_frolic]

3. How about fear of COVID-19? Agoraphobia

And while you're at it lame brains, shelter in place for months is like being in jail.

[turbinetree]

4. Hmmm anyone up for re-election and they are staying put in their homes making this ruling........

https://www.rawstory.com/2020/05/texas-supreme-court-triggers-outrage-by-denying-mail-in-ballots-to-at-risk-voters-brazen-and-corrupt/

[aggiesal]

5. Well I guess, everyone will be out of the County ...

That takes care of that.

[maxsolomon]

6. Mail-in voter for a decade-plus here - since 2005.

There's simply no explanation for not going to mail-in but GOP intransigence.

High turnout is a conservative's nightmare.

[roamer65]

7. Sounds like an illegitimate election to me.

If they don’t allow vote by mail during a pandemic, the electors for TX should be annulled.

[BadGimp]

8. This is NOT a winning argument for Republicans...

As a Senior and an American Citizen, I'm now convinced the GOP does not care if I get sick and die trying to cast my vote. I suspect a lot of us feel the same, in fact, I think we are legion.

[SergeStorms]

10. First time I've ever applied for an absentee ballot.

There have never been long lines in my voting precinct, to the contrary, I'm usually in and out in 10 minutes. But I'm not taking any chances this time. Like you said, why even take a chance of contracting the virus when I don't have to? I live in a blue state and Trump will get creamed here anyway.

[dlk]

9. Four judges on the Texas Supreme Court are up for re-election this year

They are all Republicans and each one supremely awful in their own special way:

Nathan Hecht
Jane Bland
Jeffrey Boyd
Brett Busby

[LeftInTX]

11. And one of the justices currently has COVID-19

I guess it doesn't matter....

[FBaggins]

12. Not a surprise

There's a difference between good public policy and legal analysis.

Just because voting by mail may be a good policy response, that doesn't mean that existing laws were written to accommodate it. "I'm not immune to X" isn't really a "disability" by itself under laws I've seen.

[jgmiller]

13. If we want them to play by the rules then we need to acknowledge when they do

The law in Texas is clear and that's what their supreme court is saying. I have no problem with this ruling. Should the law be changed, sure I think so but it hasn't been so they've ruled correctly.