Divided Texas Appeals Court Imposes Stay Pending Appeal Allowing Texas Voters Afraid of Contracting COVID-19 to Vote by Mail, But It May Not Be the Last Word

You can read the majority’s order here and the dissent here.

The question is technical, turning in part upon the power of the appeals court to issue a stay when the state has appealed. The court did not address the technical question of what constitutes a valid excuse to vote by mail under state law. As things now stand with this order, voters who are afraid of contracting the virus may request a vote by mail ballot.

But given that there is pending federal legislation over this question, and a new original action filed by the State of Texas in the Texas Supreme Court, I expect that there will be further orders on this question.

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