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Texas Supreme Court Rules that Lack of COVID-19 Immunity is Not Enough for Mail-In Ballot

By: Texas Supreme Court
| Published 05/28/2020

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AUSTIN, TX - Under the Texas Election Code, qualified voters are eligible to vote by mail only in five specific circumstances.

'One is if the voter has a “disability” as defined by statute. In this original proceeding, amidst the COVID-19 pandemic, and with elections upcoming in July and November, the parties ask us to determine whether a voter’s lack of immunity from the disease and concern about contracting it at a polling place is a “disability” within the meaning of the statute. Petitioner, the State of Texas, argues that the answer is no and seeks mandamus relief prohibiting respondents, five county clerks and election administrators (the Clerks), from misinforming the public to the contrary and improperly approving applications for mail-in ballots. The Clerks deny that they have misinterpreted or misapplied the law, either because the State’s position is incorrect or because they have taken no position to the contrary.'

You can read the ruling here.

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