"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," Chief Justice Nathan Hecht said in a ruling.
Texas Attorney General Ken Paxton, who had argued for the state
in the case, welcomed the decision and said it was incorrect to
include fear of contracting COVID-19, the disease caused by the
coronavirus, as a "disability" on mail-in ballot applications.
"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," Paxton, a Republican, said.
Republicans, including U.S. President Donald Trump, have said
mail-in voting is susceptible to rigging.
Trump said on Twitter the court's decision was a big win and
labeled mail-in voting "dangerous" and a "scam".
Democrats say that voting via mail is necessary to counter
health risks from the coronavirus by helping to prevent crowds
at polling places.
The case was originally brought by the Democratic Party of
Texas, which is looking to expand the ability of voters to cast
ballots during the pandemic.
"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", Texas Democratic Party Chair Gilberto Hinojos said
after the court ruling.
(Reporting by Shubham Kalia in Bengaluru)
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