Name: Texas Supreme Court: Mail-in voting can't expand over lack of coronavirus immunity
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Texas Supreme Court: Mail-in voting can't expand over lack of coronavirus immunity

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&nbsp;Rejecting arguments by state Democrats, the Texas Supreme Court has ruled that a lack of immunity to the coronavirus does not entitle voters to a mail-in ballot under state law.Election law limits mail-in ballots to specific categories of voters, including those with a disability that prevents them from safely traveling to a polling place.Democrats have launched several legal fights arguing that the lack of immunity to COVID-19 prevents safe in-person voting, making every registered voter eligible to receive a ballot to be filled out at home and dropped in the mail.But the Supreme Court, backing arguments made by Texas Attorney General Ken Paxton, said Wednesday evening that the law’s definition of disability applies to a "sickness or physical condition," not a generalized fear of contracting a deadly disease."Disabled" normally means being incapacitated by an injury or illness, Chief Justice Nathan Hecht wrote in an opinion joined by six other justices, including Justice Debra Lehrmann, who announced last week that she and her husband had contracted COVID-19 despite taking numerous precautions."In no sense can a lack of immunity be said to be such an incapacity," Hecht wrote. "Accordingly, we conclude that a lack of immunity to COVID-19 is not itself a physical condition for being eligible to vote by mail."Where do voters stand?The court, however, rejected Paxton’s request to order county election clerks to void applications for mail-in ballots from voters who fear exposure to the coronavirus.County officials, Hecht noted, lack the authority to question or investigate claims of disability on applications, which include only a box to check. Voters are not required to claim a specific disability nor is there space to include such information.It remains up to each voter to decide whether they have a disability that allows them to cast a mail-in ballot, the court concluded."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," Hecht wrote. "We disagree that lack of immunity, by itself, is one of them."Each voter’s decision should be guided by "a correct understanding of the statutory definition of disability" that the court expects county election clerks to follow, Hecht wrote.Paxton declined to discuss whether, in light of the ruling, his office would consider investigating or prosecuting voters who claimed a voting disability because of fears of contracting COVID-19 at the polls."Per long-standing (Office of the Attorney General) policy, we cannot confirm, deny or comment on potential investigations," spokeswoman Kayleigh Date said.But an agency lawyer, Solicitor General Kyle Hawkins, told the Supreme Court during last week’s oral arguments in the case that state laws "impose criminal penalties on providing false information in connection with applying to vote by mail and filling out a ballot."The crimes Hawkins pointed to were fraudulent use of an application to vote by mail — a state jail felony with a punishment of up to two years in jail — and election fraud, with a maximum penalty of one year in jail for leading a voter to supply false information on an application.Investigating disability claims could be a daunting task, however. For the July 14 elections, county election officials say they have received thousands more applications to vote by mail than in previous elections — an increase they attributed to fear of COVID-19.In addition, lower courts at various times ordered the state to expand mail-in voting because of the lack of coronavirus immunity. Though those rulings were later blocked on appeal, they were followed by increased numbers of vote-by-mail applications, elections officials have said.Multiple lawsuitsThe Texas Democratic Party, which has filed state and federal lawsuits to expand mail-in voting during the pandemic, criticized the ruling by the all Republican court, noting that it followed oral arguments held in an online forum — instead of inside the Supreme Court’s Austin courtroom — over concerns about coronavirus exposure."This is reflective of Texas Republican leadership that long ago failed to serve Texans’ needs and interests," Texas Democratic Party Chairman Gilberto Hinojosa said."Now, it is up to the federal court to ensure basic constitutional rights still exist in Texas and ensure that Texans have a right to vote safely and not put their health at risk," Hinojosa said.Paxton praised the ruling."Election officials have a duty to reject mail-in ballot applications from voters who are not entitled to vote by mail," he said. "In-person voting is the surest way to maintain the integrity of our elections, prevent voter fraud and guarantee that every voter is who they claim to be."While fear of contracting COVID-19 is a normal emotional reaction, Paxton added, it does not amount to an actual disability that qualifies a voter to receive a ballot by mail.In addition to canceling in-person oral arguments, the Supreme Court issued an emergency order Tuesday extending requirements that most lower court hearings be held remotely over concerns about the coronavirus. The order also banned jury trials until at least Aug. 1.

&nbsp;Rejecting arguments by state Democrats, the Texas Supreme Court has ruled that a lack of immunity to the coronavirus does not entitle voters to a mail-in ballot under state law.Election law limits mail-in ballots to specific categories of voters, including those with a disability that prevents them from safely traveling to a polling place.Democrats have launched several legal fights arguing that the lack of immunity to COVID-19 prevents safe in-person voting, making every registered voter eligible to receive a ballot to be filled out at home and dropped in the mail.But the Supreme...

Texas Supreme Court: Mail-in voting can't expand over lack of coronavirus immunity

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