Judge says all Texas voters can vote absentee due to COVID-19 pandemic

A federal judge has issued an order allowing any Texas voter concerned about COVID-19 to vote via absentee ballot.

"Any eligible Texas voter who seeks to vote by mail in order to avoid transmission of COVID-19 can apply for, receive, and cast an absentee ballot in upcoming elections during the pendency of pandemic circumstances," District Judge Fred Biery wrote on Tuesday.

The case pertains to whether a "disability" portion of the Texas Election Code regarding mail-in voting can also be applied to people who wish to vote remotely because of the coronavirus pandemic. Biery's Tuesday decision will allow for this interpretation until the health scare subsides or a judgment is issued in the case.

"Citizens should have the option to choose voting by letter carrier versus voting with disease carriers," the judge wrote.

Texas Attorney General Ken Paxton pushed back in a statement, promising an appeal.

”The district court’s opinion ignores the evidence and disregards well-established law. We will seek immediate review by the Fifth Circuit Court of Appeals," he said.