AUSTIN, Texas – A Texas appeals court today ruled that a lower court order recognizing that voters who do not have immunity from COVID-19 meet the standard for voting by mail under Texas law and blocking efforts by the state to prevent counties from allowing voters to vote by mail during the COVID-19 pandemic remains in effect while it is being appealed.
Tommy Buser-Clancy, senior staff attorney for the ACLU of Texas, had the following reaction: “The Court of Appeals has recognized the need to allow efforts to ensure Texans have the ability to vote by mail during this pandemic to proceed while the full appeal is heard. We appreciate the court of appeals’ realization that the Attorney General’s attempts to override judicial decisions are improper, and directly impact voters who are trying to participate in our democracy without having to risk their health. Texans should not have to choose between their health and safety and the ability to exercise their right to vote.”
Sophia Lakin, deputy director of the ACLU’s Voting Rights Project, added: “This order makes clear that the attorney general, like anyone else, must comply with a court order. Texans shouldn't have to choose between their health and their vote.”