As most of the country prepares for a mid-pandemic election decided by mail-in ballots, Texas Democrats are advising voters to cast their ballots in person this November if they are in good health. Going to a polling site would minimize the chances of voter purging or people being accused of voter fraud as the partisan battle for mail-in voting rages on in the state.
Current law restricts vote-by-mail privileges to those who are over the age of 65, plan to be abroad on election day, are confined in jail, or cite a disability or illness. The Texas Supreme Court ruled in May that “lack of immunity” to COVID-19 alone does not constitute a “disability” under state election code.
However, there’s one very small — and confusing — loophole. Voters who claim a disability are not required to provide documentation, and election officials are not mandated to request evidence.
Chad Dunn, an attorney for the Texas Democratic Party, advised otherwise able-bodied voters not to exploit the loophole because of the risk their vote might be purged or that they might face legal action after the election if their disability claim is investigated.
“Given how we’ve seen this election cycle play out so far, everybody who can vote in person should do so, in my view,” Dunn said in a virtual press conference hosted by the Anti Defamation League of Austin.
“There are a lot of rules on vote-by-mail, and there are a lot of ways to make a mistake doing it,” added Dunn, who took the fight for expanding vote by mail in Texas to the U.S. Supreme Court in June. “Texas has some of the most difficult rules of all the states, and unfortunately, some government officials who want to make it so.”
Texans who improperly request mail-in ballots threatened with legal action
Texas attorney general Ken Paxton has issued multiple warnings to state election officials instructing them not to advise voters who lack a qualifying illness or disability to request mail-in ballots simply because of COVID-19. AG Paxton has also threatened to criminally prosecute voters who falsely claim a disability when applying for an absentee ballot.
Seventeen states require voters to provide an excuse for absentee voting, but six of those states — Kentucky, Tennessee, Massachusetts, West Virginia, New Hampshire and New York — have ruled that any voter can cast a mail-in ballot during the COVID-19 pandemic. Other “excuse required” states like Connecticut and Delaware are sending ballot applications to every registered voter.
Texas is one of the only states in the country that has not adjusted its voting laws to ensure the safety of voters during the pandemic. Instead, GOP legislators have suppressed attempts by local officials to make voting less of a health risk.
Harris County Clerk Chris Hollins announced last month that the county would send ballot applications — not actual ballots — to its 2.4 million registered voters to make it easier for them to participate in the election. Following a lawsuit by the Harris County Republican Party, led by AG Paxton, the Texas Supreme Court blocked Harris County from sending the applications.
Allen West, chairman of the Texas Republican Party, accused Hollins, who is the treasurer of the Texas Democratic Party, of a conflict of interest.
“We cannot allow this partisan hack, who fills a taxpayer-funded position, to continue to advance the left’s agenda, which will result in election fraud by way of ballot harvesting,” West said in a statement.
Concerns of voter suppression are already being felt nationwide after the United States Postal Service issued a warning to all 50 states that it cannot guarantee all ballots will be delivered on time for the November election.
In Texas, that concern is all the more palpable given the state’s track record of voter suppression and low voter turnout.
Mimi Marziani, president of the Texas Civil Rights Project, urged Texans to make a “voting plan” and to take advantage of Gov. Greg Abbott’s extension of early voting, which starts on October 13 and lasts through October 30.
”Personally, I like to look at the calendar, figure out exactly when I’m going to vote,” she said.
Texas voters who don’t have a qualifying excuse for obtaining a mail-in ballot have little choice but to go the polls in person this November.
”Make a plan to vote, vote in person if you can and vote early if at all possible,” added Marziani, who plans to vote at the polls while wearing a mask. “I try to go in the middle of the day to avoid the morning or afternoon rush and having to wait in line — and, in this moment of COVID-19, to allow more distancing between voters.”