
Travis County District Judge Tim Sulak told attorneys in a case to expand voting by mail during the pandemic that he'll file a temporary injunction allowing the move under state election rules that allow people with disabilities to request absentee ballots.
The ruling is a victory for Democrats and progressive groups, who argue that Texas needs to expand mail-in voting to protect public safety. The state, currently under the leadership of Republican Gov. Greg Abbott, is almost certain to appeal.
Texas currently has some of the nation's strictest vote-by-mail rules. Only people over 65, people with disabilities and those outside the country or in jail are eligible for mail-in ballots.
“Texas voters aged 65 and up already have the benefit of no-excuse vote by mail, and today’s ruling extends that benefit to all voters at risk of contracting COVID-19 during this pandemic," said Ed Espinoza, executive director of Progress Texas. "This is a no-brainer: no one should be forced to choose between their health and their right to vote.”
In a statement released Wednesday, Republican Attorney General Ken Paxton said the state's disability rule was meant to apply to people who are physically incapacitated, not those fearful about contracting a disease.
Legal fights over mail-in voting have percolated throughout the country as the pandemic drags on. Governors in Nebraska and New Hampshire both said they plan to allow mail-in ballots for elections through the end of the year.
President Trump made recent headlines by urging GOP leaders to fight against mail-in voting because it "doesn’t work out well for Republicans.”
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