Following a remotely conducted hearing, the Texas Supreme Court ruled that a lack of immunity to the novel coronavirus that causes COVID-19 does not make a person eligible to vote remotely, settling at the state level the question of whether a voter can request an absentee ballot for reason of COVID-19.

“We agree with the State that a lack of immunity to COVID-19 is not itself a ‘physical condition’ that renders a voter eligible to vote by mail within the meaning” of Sec. 82.002, Election Code, wrote Chief Justice Nathan Hecht for a unanimous majority.

A federal lawsuit on the matter is pending at the U.S. Fifth Circuit Court of Appeals.

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