Texas: Voters will decide for themselves if they need mail-in ballots for July runoffs | Taylor Goldenstein/Houston Chronicle
As Democrats and civil rights groups sue to expand mail-in voting during the pandemic, a recent decision by the Texas Supreme Court has left it up to voters to decide for themselves whether they qualify for vote-by-mail. In its decision in late May, the highest civil court in the state ruled that lack of immunity to COVID-19 alone does not constitute a disability that would allow those under 65 years old to vote by mail rather than at the polls, under the Texas election codes. But it added — which legal experts say is crucial — that a voter can take the possibility of being infected into consideration along with his or her “health” and “health history” to determine whether he or she needs to vote by mail under the ‘disability’ provisions in the law. “I think really the story here is that it’s going to be up to individual voters to decide whether they fit this definition or not,” said Joseph Fishkin, a University of Texas professor who studies election law and has closely followed the cases. So while the court battle continues with Democrats on one side, and on the other side Republican state leaders who argue that an expansion of mail-in voting would encourage more voter fraud, it will be up to elections officials across the state to set the tone for mail-in voting.
