The Texas attorney general on Wednesday told the state’s Supreme Court that voters who fear getting infected with the coronavirus do not qualify as disabled and therefore cannot vote by mail-in ballot.
In the state’s latest voting-rights dispute, the attorney general, Ken Paxton, a Republican, asked the court to order election officials in five Democratic-led counties to follow state law on mail-in ballots. Mr. Paxton argued that Texas law requires in-person voting.
The state’s election code “does not permit an otherwise healthy person to vote by mail merely because going to the polls carries some risk to public health,” read Mr. Paxton’s filing, which was directed at elections officials in the counties containing Dallas, Houston, Austin, El Paso and the border city of Brownsville.
California’s governor announced last week that mail-in ballots would be sent to all voters in November.
Mr. Paxton’s move outraged Democrats and civil rights groups in Texas, who said it was part of a long line of actions by Republicans to make it harder for minority and low-income voters, who tend to vote Democratic, to cast ballots.
“Expanding vote-by-mail is a no-brainer and many states across the country, both red and blue, have taken this necessary step to protect their voters,” Ed Espinoza, executive director of Progress Texas, said in a statement. “Unfortunately, it appears the priorities of conservative state leaders are clear: Suppress the vote at all costs, even if it puts lives at risk.”
Mr. Paxton’s filing came as the state faces several lawsuits over its mail-in ballot rules, and as he has heightened tensions with three of the state’s largest Democratic-led cities. Earlier, Mr. Paxton warned officials in Austin, Dallas and San Antonio that their local mask-wearing requirements and other restrictions — all more strict than Gov. Greg Abbott’s executive orders — were unlawful.
When Mr. Abbott ended his stay-at-home order this month and set the stage for the state’s partial reopening, he angered many local officials by contending that his reopening policies superseded any conflicting orders issued by cities or counties.
Mr. Paxton issued letters to leaders in Austin, Dallas and San Antonio and threatened legal action over several local restrictions, including extensions of stay-at-home orders, protocols for houses of worship and requirements for face masks.