On May 27, 2020, the Texas Supreme Court ruled that a voter’s lack of immunity to COVID-19 does not qualify as a disability under the state’s election laws and, therefore, cannot be cited as an excuse for voting absentee. The court ruled unanimously on the matter.
Chief Justice Nathan Hecht wrote the following in the court’s opinion: “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. But the State acknowledges that election officials have no responsibility to question or investigate a ballot application that is valid on its face. 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.'”
This ruling overturned two lower state court rulings to the contrary. On May 19, a federal district court judge ordered that all voters be allowed to cast absentee ballots, but the U.S. Court of the Appeals for the Fifth Circuit stayed that order later that same day.