Texas voters who unexpectedly contract the coronavirus and seek late absentee ballots in the days before the election will need a doctor’s note.
On Friday, the Texas 3rd Court of Appeals ruled that Texans who are unable to go to a polling location on Election Day because they contracted COVID-19 and missed the general deadline for absentee ballot applications must have a certified physician’s note to obtain an emergency absentee ballot in accordance with state law.
The decision overruled a lower court order that said it “would change the longstanding requirements governing late mail-in ballots and risk voter confusion.” Two of the justices on the appeal court panel are Democrats, and one is a Republican. The decision was unanimous.
The general deadline for absentee ballot applications in Texas is 11 days before the election, which this year was on Friday.
Voting rights group Move Texas Action Fund challenged the law in court, arguing it placed an undue burden on the right to vote. Earlier this month, Texas Judge Tim Sulak, the presiding judge in the lower court, said the doctor’s note requirement “constitutes an undue burden on the fundamental right to vote.” The case will be further reviewed after the election.
Move Texas said it doesn’t plan to appeal the temporary decision, but instead, it is attempting to connect sick voters with physicians willing to meet virtually and sign late ballot applications for them. “Understanding that doctors are extremely busy during the pandemic, safety measures limit in-person meetings, and the high costs of navigating our healthcare system for low-income, young people of color, MOVE is here to help,” the group said about its efforts online.
