Texas voters can qualify for mail-in ballots only if they are 65 years or older, have a disability or illness, will be out of the county during the election period, or are confined in jail. The Texas election code defines disability as a “sickness or physical condition” that prevents a voter from appearing in person without the risk of “injuring the voter’s health.”
Though the court sided with Paxton's interpretation of what constitutes a disability, it indicated it was up to voters to assess their own health and determine if they met the state's definition.
"The decision to apply to vote by mail based on a disability is the voter’s, subject to a correct understanding of the statutory definition of 'disability'," the court said in its order.
The high court also rejected Paxton’s request to prevent local election officials from sending mail-in ballots to voters who were citing lack of immunity to the coronavirus as a disability.