There is a “catch” in Supreme Court voting by mail ruling

Pratt on Texas - copyright Pratt on Texas all rights reserved“Texas high-court rules against wider provisions for mail-in voting sought by Democratic Party, but there’s a catch,” was the headline of a Nexstar Broadcasting story on Wednesday’s Texas Supreme Ruling which overturned the Democrat district judge who ruled that simply being afraid one might catch COVID-19, or anything else, by going to vote qualifies one as having a disability that allows for voting by mail.

A separate case on the same issue is pending in the federal courts after an activist Clinton appointed judge ruled that not letting everyone, for any reason, vote by mail in Texas is a violation of the equal protection clause of the constitution. Fortunately for now, that ruling has been stayed by the Fifth Circuit Court of Appeals.

The Supreme Court ruled properly but essentially left the matter of voting by mail open to massive fraud because it’s up to the voter to assess his own health condition.

In looking at the state case from Wednesday, the Nexstar writer was on to something in saying “there’s a catch.” The opinion stated that if a voter requests a ballot by mail due to “disability” that voter is not required to “declare the nature of the underlying disability.”

“The elected officials have placed in the hands of the voter the determination of whether in-person voting will cause a likelihood of injury due to a physical condition,” the opinion stated.

Justice Eva Guzman, in a concurring opinion, wrote, “… Whether a voter is eligible to vote by mail ultimately depends on the voter’s own assessment of his or her individual health status.”

The Supreme Court ruled properly but essentially left the matter of voting by mail open to massive fraud because it’s up to the voter to assess his own health condition. Whether or not the next legislature can tighten up the language of the statute remains to be seen.

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